Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 7855

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Economies benefit from highly capable individuals, thus the need for constant human resource
development. Successful economies tend to have a workforce which is comparatively advanced
than that of neighboring counties, as a highly developed workforce allows for greater efficiency
and productivity in the workplace.

Philippines, known to be one of the largest exporters of labor worldwide, sends numerous
professionals and highly skilled individuals abroad yearly—creating a brain drain problem in the
country. Filipino professionals seek job abroad due to a variety of reasons which include better
compensation, better working conditions, and prospects for professional development and
continuous education. Considering this, it is imperative that the State address the migration of
our nation’s professionals and ensure the development of individuals working within the country.

To address this, this proposed measure seeks to establish a fellowship program for advanced
studies which shall be named Pensionado Program’ for Filipinos government employees, private
sector employees and self-employed individuals. Individuals under the program shall have access
to fellowships, scholarships, training grants for advanced studies in international centers of
advanced learning and research. The creation of this program shall incentivize working locally,
and allow for the development of our workforce.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the

Filipino people, the approval of the said measure is earnestly sought.
nae cy

MYRA S. TAMBUNTIN}
ind District, Parafiaque Cit


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS:
Second Regular Session

HOUSE BILL NO. 7855

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
(CREATING AN ADVANCED STUDIES DEVELOPMENT
PROGRAM FOR EXCEPTIONAL EMPLOYEES FROM THE GOVERNMENT AND THE
PRIVATE SECTOR AND FOR OTHER PURPOSES

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

Section 1. Short Title. — This bill shall be known as the "Pensionado Act of 2020.”

Sec. 2 Declaration of Policies. - Human resources developments are essential for economic
development and progress. In the pursuit of economic development and progress, the state shall
give priority to the creation of a critical mass of elite professionals who shall take the lead in
harnessing science, technology and related disciplines towards accelerating the productivity of
the country's human resources.

Consonant with this trust, it is hereby declared a policy of the state to devise a program for
exceptionally able and highly motivated employees, preferably age 30-40, from the government,
the private sector and/or the self-employed to undertake advanced studies in a branch of science,
technology or related fields of learning on which depends the development and progress of the
country. As such, it shall provide for fellowships to enable them to pursue advanced studies or
research in their field of expertise.

The state shall develop a critical mass of first-rate specialist in various disciplines and areas of
specializations vital to national development to form a collective national "think tank" who shall
place continuously their knowledge and skills at the service of the nation, be it in industry, the
academe or the highest policy-making levels of government, with the government taking the lead
in harnessing their knowledge and skills for the greatest good of the country.

Sec. 3. Definition of Terms. — For purposes of this Act, the following terms are hereunder
defined accordingly:

(2) Post-graduate refers to formal degree course program of training/research requiring at
least a Master's Degree for entry; a student pursuing such program;

(b) Advanced studies refer to a post-graduate problem-oriented program of studies and/or
research, not necessarily leading to a degree, undertaken for further specialization or


advanced knowledge in a specific field of a study, or to acquire specialized knowledge
and/or skills in a particular area of science or technology; and

(©) Pensionado refers to a Filipino citizen selected and supported by the Philippine
government under this program to undertake advanced studies in selected institutions of
higher learning or recognized research centers, in fields relevant to the offically declared
priority areas for development

Sec, 4, Establishment of a Program. — There shall be established under the Commission on
Higher Education (CHED), in coordination with the non-government organizations (NGOs), the
private sector and other government agencies, namely, the National Economic and Development
Authority (NEDA), the Department of Trade and Industry (DTI), and the Department of Science
and Technology (DOST), a fellowship program to be called as the "Pensionado Program" for
Filipinos employed in the government and the private sectors and those who are self-employed.
The program shall pool together all fellowships, scholarships, training grants sponsored or
extended by foreign government, agencies and other bodies, as well as by local agencies and
organizations, whether public or private, intended for advanced studies in international centers
of advanced learning, scholarship and research.

Sec. 5. Establishment of a National Secretariat; Functions and Composition. — There
shall be established a National Secretariat, hereafter referred to as the "Secretariat", with the
following functions:

(a) Identify, and assist in negotiations with sponsors (foreign and local, public and private) of
fellowships, scholarships and grants;

(b) Provide assistance to the selection panel in accomplishing its work;

(©) Provide the Pensionados continuing assistance from the time of selection thru the time of
their return to the country, including assistance for the productive utilization of their
newly-gained expertise;

(d) Serve as the administrative arm of the government for the program; and

(e) In general, promulgate and implement the policies and guidelines governing the Program.

The National Secretariat shall be headed by an Executive Officer with the rank of Assistant
Secretary, to be appointed by the President of the Republic of the Philippines, upon the
recommendation of CHED. Members of the Secretariat shall consist of representatives from CHED,
NEDA, DTI, and DOST. These representatives shall be seconded to the Secretariat for a period of
one year, subject to renewal every year. Service rendered thereat shall be considered as part of
their performance for promotions purposes.

Sec. 6. Number of Pensionados and Length of Grant. - There shall be selected twenty four
(24) fellows annually - three (3) fellows for each priority discipline industry field of the eight (8)
vital disciplines or areas of specializations identified by the CHED in consultation with the NEDA
as frontiers or new areas essential for pushing the economic and social development thrusts of
the country. The scholarship shall be for a period not exceeding three (3) years.

Sec. 7. Selection Process. - There shall be a Selection Panel under the Secretariat consisting
of three (3) university presidents and two (2) eminent members from the academe to be
appointed by the CHED. They shall serve on a staggered basis for the purposes of continuity and
consistency, each for a term of three (3) years. The Selection Panel shall make the final selection
of the Pensionados from among the nominees from the academe, industry and research centers.


The integrity and objectives of the program are paramount considerations for the panel in making
the selection.

Sec. 8. Qualifications. — In order to qualify for the Fellowship Program, the applicant must be:

(2) A Filipino citizen;

(b) Gainfully employed;

(©) A college degree graduate, with honors;

(d) With demonstrated leadership and proven exceptional performance in his/her present
work;

(e) Enthusiastic in undergoing further training; and

(A) Willing to sign a contract requiring him/her to return to his/her job in another capacity
after training.

Sec. 9. Place of Study. - The Pensionados shall be sent to a foreign country well-known for its
advanced stage in particular discipline of area of specialization. Training and education may be
an academic institution, research and development (R&D) center or a major industrial
establishment with and R&D program, It may or may not lead to an advanced academic degree.

‘Sec. 10. Assistance to Grantees. — The Pensionado is entitled to the following benefits:

(2) Up to three (3) years leave with pay, including allowances and other benefits;

(b) One economy round-trip air fare to and from the host country plus other travel expenses
required for foreign travel;

(©) Clothing allowance to be determined by the Secretariat;

(d) Monthly stipend while on study abroad, of such amount to be determined by the
Secretariat;

riat;
(e) Books/Instructional Materials/Research allowance of such amount to be determined by
‘the Secretariat; and
(f) Health, Travel and Insurance fees of such amount to be determined by the Secretariat.

Sec. 11. Program Funding. - The cost of each fellowship grant shall be shared by the
Pensionado's employer and the National Government. The employer pays the salary, allowances
and other benefits due the Fellow as employed during the one-year period of advanced studies
overseas while the national Government, thru the program, shall be responsible for items b, c, d,
e, and f as enumerated in Section 10 hereof. With the transfer of all pertinent foreign and local
grants for coordination under the Program, the government, through the Program, may negotiate
bilateral arrangements with hosts governments, host universities, host research institutions and
host corporations to share at least 50% of the total cost of items b, c, d, e, and funder Section
10 hereof.

The National Government may also negotiate bilateral agreements with host governments, host
universities, research institutions and corporations to enable our scholars to stay abroad and
continue their studies or training at a minimal cost to the national Government. A sharing program
can be established where the host government, host-universities, research institutions and
corporations can pick up of the expenses of the scholars while he is abroad.

Sec. 12. Service Obligation. — Immediately upon completion of the studies or training, a fellow
shall be required to return to his job or in another capacity approved by the Secretariat and serve
‘on a full-time basis for a minimum period equivalent to twice the period covered by the fellowship


grant. In addition, the scholar shall be required to hold seminars or training sessions for
‘employees from the government and the private sectors on topics related to the course or training
he has completed. Any recipient of the program who has not completed his course shall reimburse
the Fellowship the grant received or render service to the sponsoring agency or company for a
period equivalent to the period covered by the fellowship. Any Pensionado who violates the
service obligation imposed under this section shall reimburse the sponsoring agency or company
and the national Government of the Fund assistance received under this act in full or in part as
the case may be.

Sec. 13. Mechanism for Utilization of Returned Fellows. - There shall be established and
developed a National Network of Specialized Institutes for Advanced Studies in universities
selected by CHED in consultation with the DOST and other appropriate agencies to be determined
by the Secretariat to provide returned scholars an office, laboratory, library and conference
facllities for their continuing activities. The Institute shall also serve as a place for an Exchange
Program and Collaborative Research among local and international scientist and scholars in
priority areas of research and development, The National Government may, thru CHED and/or
the National Secretariat, negotiate bilateral agreements with foreign government, universities,
ch institutions and corporations, public and private, to effect exchange of scholars and
scientists for collaborative advanced studies, as well as to equip the Institute for purposes of
benefit to the cause of scholar and scientists for collaborative advanced studies, as well as to
equip the Institute for purposes of benefit to the cause of scholarly or scientific advancement and
national development. A sharing program may be established whereby the host
government/university/institution/ corporation can pick up part of the expenses of the Fellow in
pursuit of his/her Fellowship.

Sec. 14. Appropriations. - The amount necessary to carry out the initial implementation of this
Act shall be drawn from the savings of the national government. Thereafter, the funds necessary
for the continuous implementation of the program shall be included in the General Appropriations
Act. The Program shall receive 2% from the share of the DOST and 1% from the share of the
Philippine Youth Commission in the Bases Conversion Development Authority (BCDA) proceeds.

Sec. 15. Transfer of other fellowship, scholarship, and training grants. — All foreign and
locally sponsored fellowship, scholarship and training grants will be transferred to the program
for coordination. With respect to government employees who may be affected by the transfer,
the pertinent rules and regulations of the Civil Service Commission (CSC) shall apply.

Sec. 16. Implementing Rules and Regulations. - Within ninety (90) days from the approval
of this Act, CHED, in coordination with NEDA, DTI, DOST, and CSC, shall promulgate the
necessary rules and regulations for the effective implementation of the provisions thereof.

Sec. 17. Separability Clause. - If any portion or provision of this Act is subsequently declared
invalid or unconstitutional, other provisions hereof which are not affected thereby shall remain in
full force and effect.

Sec. 18, Repealing Clause. - All other laws, acts, presidential decrees, executive orders,
presidential proclamations, issuances, rules and regulations, or parts thereof which are contrary
to or inconsistent with any of the provisions of this Act are hereby repealed, amended, or modified
accordingly.


‘Sec. 19. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or a newspaper of general circulation.

Approved,