Republic of the Philippines _—
HOUSE OF REPRESENTATIVES
Quezon City |

SEVENTEENTH CONGRESS
First Regular Session

REGISTR. SiON UNIT
rs
HOUSE BILL no,__1204 © BILLS AND INDEX SERVICI

Introduced by Hon. Divina Grace C. Yu

EXPLANATORY NOTE

Section 2, Chapter 1, Title XVIII, Book IV of the Administrative Code of 1987
mandates the Department of Science and Technology to "formulate and implement policies,
plans, programs, and projects for the development of science and technology and for the
promotion of scientific and technological activities for both the public and private sectors and
ensure that the results of scientific and technological activities are properly applied and
utilized to accelerate economic and social development"

In fine with this constitutional mandate, the Balik Scientist Program (BSP) was
established pursuant to Presidential Decree No. 819 dated 24 October 1975 for a period of
five (5) years and was extended up to October 1986 by Letter of Instruction No. 1044 dated
18 July 1980, The program has been dormant for almost a decade after the expiration of the
period of extension. However, due to the remarkable outcome of the program as well as the
presence of still many highly trained overseas Filipino professionals who have the expertise
‘along the government priority areas of agriculture, energy and nutrition development, the
BSP has been revived and instituted under the Department of Science and Technology
(DOST) through Executive Order No. 130 dated October 25, 1993.

Notwithstanding the success of the program, there are still a lot of Filipino scientists,
technology experts and researchers outside the country that has not been tapped due to
circumstances that cannot be addressed by the existing BSP. It is for this reason that the
‘existing BSP needs to be institutionalized and strengthened through a legislative fiat and
including therein better incentives and benefits that would draw these Filipino experts to
return back to their beloved country and share even for a limited period of time and hopefully
for good, their knowledge and expertise, thereby helping the country attain its objective of
accelerating economic and social development. f

Its for these reasons that we seek immediate approval ofthis Bil

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DIVINA GRACE C. YU
1" District, Z apres del Sur
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL

Introduced by Hon. Divina Grace C. Yu

AN ACT
STRENGTHENING THE BALIK SCIENTIST PROGRAM AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress Assembled:

SECTION 1. Title. This Act shall be known as the "Balik Scientist
Act"

SEC 2. Declaration of Policy, The State recognizes that the utilization
of the expertise of expatriate Filipino scientists and technologists is a vital
component of the nation's political, economic, and social development
efforts, hence, it is hereby declared to be the policy of the State to encourage
ipino scientists and technology experts from abroad to return to the
Philippines and share their expertise to help accelerate the growth and
progress of the country. Towards this end, any foreign-based_ scientist,
professional, technician, or any person with special skills or expertise who is
of Filipino descent shall be allowed to share such expertise and pertinent
knowledge gained through the years in the practice of profession with sectors
of the economy that will greatly benefit from such collaboration and transfer
of technologies. The participation and service of expatriate or returning
scientists shall be governed by rules and regulations that shall be promulgated
by the Department of Science and Technology (DOST) in consultation with
relevant agencies of the government and non-government organizations.



SEC 3. General Objective. This Act aims to strengthen the scientific
and technological human resources of the academe, public institutions, and
domestic corporations by the promotion of knowledge sharing and accelerate
the flow of new technologies into the country.

SEC 4, Definition of Balik Scientist. A “Balik Scientist” is a science
or technology expert or professional, as certified by the DOST, who is a
Filipino citizen or a foreigner of Filipino descent, residing abroad, and
contracted by the government to return and serve in the Philippines along a
particular ficld of expertise for a short term award with a duration of at least
thirty (30) days per award to be served within one (1) year from the date of
the award or long term award with a duration of twenty-four to thirty-six
(24-36) months subject to renewal, when necessary, to be determined by the
DOST and to be served within five (5) years from the date of the award.

SEC 5. Incentives, The following incentives shall be offered to a
“Balik Scientist”:

(a) For Short Term Award:

(1) Provision of one (1) free round-trip airfare originating from a
foreign country to the Philippines;

(2) Reimbursement of expenses for excess baggage allowance related
to scientific project or activities;

(3) Daily allowance to be determined by the DOST shall be exempt
from income tax;

(4) Exemption from the licensing or permit requirement of the
Professional Regulation Commission (PRC): Provided, That the
DOST shall submit to the PRC the list of “Balik Scientists” whom
it has certified prior to the award: Provided further, That
accomplishment reports of these “Balik Scientists” shall likewise
be furnished by the DOST to the PRC at the end of each award;

(5) Exemption from taxes and duties for donation of instruments and
materials related to the scientific program or activities: Provided
That the donation shall be for the account of the DOST: Provided
further, That freight and storage expenses shall be borne by the
host institution; and



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(6)

7

Participation in Grants-in-Aid (GIA) research and development
project/s of the DOST subject to guidelines to be provided in the
implementing rules and regulations;

Subject to the applicable provisions of Sec. 29, Commonwealth
Act No. 613, otherwise known as the Philippine Immigration Act
of 1940 as amended, the grant by the Secretary of Justice to the
“Balik Scientist” of foreign citizenship special non-immigrant
visas under Section 47 (a) (2), after compliance with the
requirements therefor. The “Balik Scientist” shall be exempted
from the payment of visa, immigration and registration fees in
accordance with Section 251 of the Philippine Foreign Service
Code of 1983, as amended by Section 831 of Department Order
No. 19a-95, series of 1995, otherwise known as the Regulations of
the Department of Foreign Affairs, if applicable.

(b) For Long Term Award:

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(3)
(4)

(3)
(6)

Provision of one (1) free one-way airfare from a foreign country
to the Philippines, including airfare for the spouse and two (2)
minor dependents, and one (1) free return trip airfare after
completion of the award;

Reimbursement of expenses for excess baggage allowance
related to scientific project or activities;

Relocation allowance to be determined by the DOST;

Monthly allowance to be determined by the DOST shall be
exempt from income tax;

Housing may be arranged by pre-determined host institutions;
As determined by DOST, duty and tax-free importation of
personal effects and professional instruments and materials in
quantities and of class suitable to the profession, rank or
position of the “Balik Scientists” importing them for their own
use and not for barter or sale in accordance with Section 105 of
the Tariff Code. Duty and tax-free importation of one (1) unit
second hand motor vehicle with gross vehicle weight (GVW)
not exceeding 3000 kgs subject to the classification standard of
motor vehicle transported set forth by the Bureau of Customs:
Provided, That the grantee under the short term program shall
likewise be entitled to this benefit who shall decide to avail of



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(7)

(8)

(9)

(10)

ay)

(2)

(13)

(14)

the long term award: Provided further, That the grantee shall
abide by the rules and regulations under the no-dollar import
(NDI) program of the DTI-Bureau of Import Services. A
certificate of endorsement from the DOST shall be submitted in
lieu of the required personal appearance: Provided finally, That
the grantee shall be exempted from posting of bond and
exportation of the motor vehicle to the country of origin upon
expiration of the award;

Exemption from taxes and duties for donation of equipment,
instruments and materials related to the scientific program or
activities: Provided, That the donation shall be for the account
of the DOST: Provided further, That freight and storage

expenses shall be borne by the host institution;

Reimbursement of expenses for the surface shipment of
personal household effects and professional instruments,
including one (1) motor vehicle the total weight of which does
not exceed 3 ¥ tons volume weight;

Exemption from payment of travel tax of the “Balik Scientist”
and immediate family members as certified by the DOST;
Exemption from submission of Immigration clearance
certificate and payment of multiple entry fees:
Exemption from securing alien employment permit within the
duration of their award pursuant to Section 2 of Department
Order No. 97-09, Series of 2009, as amended by Department
Order No, 120-12, Series of 2012, of the Department of Labor
and Employment;

Exemption from the licensing or permit requirement of the PRC
Provided, That the DOST shall submit to the PRC the list of
“Balik Scientists” whom it has certified prior to the award or
project: Provided further, That accomplishment reports of these
“Balik Scientists” shall likewise be furnished by the DOST to
the PRC at the end of each award;

Participation in Grants-in-Aid for research and development
projects approved by the Secretary of DOST;

Provision of funds for construction and set up of the laboratory
to be used to come up with an innovation: Provided, That the



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laboratory shall remain as property of the government after the
expiration of the contract: and

(15) Subject to applicable provisions of Section 29, Commonwealth
Act 613, otherwise known as the Philippine Immigration Act of
1940 as amended, grant by the Secretary of Justice to the “Balik
Scientist” of foreign citizenship special non-immigrant visas
under Section 47 (a) (2), compliance with the requirements
therefor. The “Balik Scientists” and immediate family members
shall be exempted from the payment of visa, immigration and
registration fees in accordance with the Philippine Foreign
Service Code of 1983, as amended by Department Order
No. 19A-95, Series of 1995, otherwise known as the Regulations
of the Department of Foreign Affairs.

(16) Reasonable accident and medical insurance for the duration of
the award as determined by the DOST.

The DOST may draw up other privileges that may be extended
to the “Balik Scientist” in the rules and regulations to be issued to

implement this Act.

SEC 6. Administration. This program shall be administered by the

SEC. 7, Implementing Rules and Regulations. The DOST, in
consultation with concerned agencies and stakeholders, shall promulgate the
implementing rules and regulations of this Act within ninety (90) days from
the effectivity of this Act.

SEC 8. Appropriation. The amount necessary to carry out the
provisions of this Act shall be included in the budget of the DOS'T under the
‘Annual General Appropriations Act.

SEC 9. Separability Clause. 1f any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall
remain in full force and effect.



SEC. 10. Repealing Clause. All laws, presidential decrees, executive
orders, ordinances, rules and regulations, and other issuances or parts thereof
which are inconsistent with this Act, are hereby repealed or modified
accordingly.

SEC 11. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,