‘Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
Second Regular Sesion

nouse BnTLNo,_ 5414

Introduced by Hon. JULIO A. LEDESMA IV
Hon. ANGELO 8, PALMONES

EXPLANATORY NOTE

Section 2, Chapter 1, Title XVII, Book IV of the Administrative Code of 1987 mandates
the Department of Science and Technology to "formulate and implement poticies, 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 line with this constitutional mandate, the Balik Scicatist 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 afler the expiration of the period of
extension, However, duc to the remarkable outcome of the program as well as the presence of
still many highly tmined overseas Fitipino professionals who have the expertise along the
government priority areas of agriculture, energy and mutrition development, the BSP has been
revived and instituted under the Department of Science and Technoiogy (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 who have not been tapped due to
ciscumstances 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 retum 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,

It is for these reasons that we seck immediate approval of this Bill.

ation WV ANGELO B, PALMONES

Congressman ‘ongressman


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILI. NO. _54 14

Introduced by Hon. Julio A. Ledesma IV"
Hon. Angelo B. Palmones

AN ACT INSTITUTIONALIZING THE BALIK SCIENTIST PROGRAM
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTON 1. Title. This Act shall be known as the “Bastk Scientist Act of 2011”

SECTION 2 Statement of Policy. Science and Technology are essential for national
development and progress. The State shall give priority to research and development, invention,
innovation and their utilization; and to science and technology education, training and services,

In line with the above, it is hereby declared the policy of the state to encourage Filipine scientists
and technology experts from overseas to return to the Philippines and share their expertise to
accelerate the development of the country. To achieve this, any foreign-based scientist,
professional, technician, or any person with special skills or expertise who is of Filipino descent
shall be allowed to practice his or her profession or expertise in the Philippines.

SECTION 3. General Objectives. ‘This Act aims to strengthen the scientific and technological
human resources of academic, public and private institutions in order to accelerate the How of
technologies and stimulate the development of new or strategically important technologies that
are vital to national development and progress

SECTION 4. Definition of Terms.

+ Balik Scientist - is a science ot technology expert or professional, who is a Filipino
citizen or a foreigner of Filipino descent, residing abroad, working with any public or
private entity or graduate from a Department of Science and Technology (DOST) -
recognized foreign science and technology institution and contracted by the
government (0 retum and work in the Philippines along with his or her field of
expertise.

+ Long-Term Program - it is a program utilizing the expertise of expatriate F lipino
Scientist and Technologist with duration of at Jeast two (2) years in the case of Balik
Scientist and three (3) years in the case of New Graduates.

+ New Graduate - any toreign-based individual who is a Filipino citizen or a foreigner
of Filipino descent and a holder of a doctorate degree and whose field of study must
be consistent with the S&T priorities as may be promulgated by the DOST

+ Short-Term Progeam - It is a program utilizing the expertise of expatriate Filipina
Scientist and Technologist with duration of at least three (3) three months but not to
exceed six (6) months. The program can be avaited of by the Scientist several times
with graduated incentives subject to the approval of the Secretary.

+ Secretary - Refers to the Secretary of the Department of Science and ‘lechonology


Priority Areas, The Balik Scientist Program shall have the following priority

«Alternative Fuel
+ Biotechnology

* ict

+ Pharmaceutical
+ Environment

These priority areas shall be subject to review by the Secretary and may be modified
depending on the needs and programs of the government.

SECTION 6. Qualifications of BSP applicants. BSP applicants should have the following
qualifications:

+ He/She must be a holder of a graduate degree and must have practised his:her
profession for not less than three (3) years after obtaining his/her masteral or
doctorate degree and preferably working with the private sector, a reputable R
& D institution and/or in the academe.

+ He/She must have made an outstanding contribution in hisber tied of
specialization.

+ Provided however that a Balik Scientist Applicant with a highly specialized
skill without a graduate degree may be qualified on special cases as long as
hischer field of expertise must be consistent with the science and technology
{S&T) priorities promulgated by the Department of Science and Technology
(Dos?)

‘Asa tute, a Balik Scientist Applicant who is a recipient of any grant (scholarship or fellowship
and othes similar grants) that requires hinvher to come back to the country may not qualify under
the two (2) programs except when such applicant holds an exchange visitor’s visa (Le J-1 of
USA) and whose training was selé-solicited with no financial or service obligation with any
public or private institution in the Philippines.

SECTION 7. Procedure of Application. Qualified Balik Scientist Applicanvhost institution
shall submit the following requirements:

+ Accomplished Balik Scientist Program (BSP) Form, with 2”x2” photo and detailed
curriculum vitae of the Balik Scientist Applicant;

+ Photocopy of the Balik Scientist Applicant's diploma or transcript of academic
records of a certification of academic achievements from a credible local or
intemational public’private institution-association,

+ EndorsemenvInvitation letter from a credible local__public private
insitutionassociation (if application is submitted directly by the Balik Scientist
Applicant),

+ Copy of a valid certificate of registration, valid professional iicense or a twimporary
special permit or any foreign license, or any valid documents for identification,

When applicable, a Balik Scientist Applicant under the Long Term Program
{including New Graduate), in addition to the aforesaid requirements, must submit a
detailed Statement of Research and/or Activity Plan with “conformance” of the Host
Institution, On the other hand, a Balik Scientist Applicant undes the Short Term Program,
in addition to the aforementioned requirement, must submit a specific Term of
Reference/Work Plan and expected output indicating the concurrence of the Host
Institution.


SECTION 8. Criteria for Selection of Awardees, The Balik Scientist Evaluation Committee
(BSEC), which shall be created by the Secretary, shal! evaluate the qualifications of afl Balik
Scientist Applicants on the basis of information submitted. Prioritization will be based on the
following factors

« Expertise of a Balik Scientist Applicant which should be consistem with the BSP.
priority areas and § & T priorities promulgated by DOST;

+ Acceptance of the offer‘program of the Balik Scientist Applicant from a locally-based
private firm or academic institution, or government agency which is engaged in
priority R&D projects and $ & services, Such private firm or academic institution
or government agency shall be committed to provide necessary resources and
counterpart incentive for the Balik Scientist Applicant;

+ Relevance of the proposed activities relative to the expertise or field of specialization
of the Balik Scientist Applicant,

+ Concurrence of the Host Institution on the proposed activities of the Balik Screntist
Applicant; and

+ Well-defined proposed work program, schedule of activities, target beneficiaries and
outcomes of the Balik Scientist Applicant which are mutually acceptable to al) parties
inching DOST.

SECTION 9. Incentives, Incentives under the Balik Scientist Program shall incluae the
following:

Short Term Program:

Free round-trip economy airfare originating from a foreign country to the Philippines by
direct route, and such other privileges that may be given under the short-term program
implementing guidelines;

Daily subsistence allowance to be determined by the DOST; and

Grants-in-aid (GIA) for research and developmen projects approved by the Secretary of
DOST, The GIA shall be released to the grantee upon the start of the program.

Long Term Program:

Free one-way economy airfare from a foreign country to the Phitippines, including airfare
for the spouse and two (2) minor dependents, and free return trip economy airfare after
completion of two (2) years in the case of balik scientists with at least five (51 years
experience abroad, and three (3) years in the case of balik scientist who are new
graduates at the time of availment of the balik scientist program;

Excess baggage allowance to be determined by DOST;
Relocation allowance to be determined by DOST,
Duty and tax-free importation of personal effects and professional instruments and

implements in quantities and of the class suitable to the profession, rank or position of the
persons importing them for their own use and not for barter or sale

Duty and tax-free importation of one (1) unit second-hand motor vehicte with maximum
disptacement of 1600cc 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 who shall decide to avail of the long-term program may likewise be enutled t0
this benefit,

+ Fxemption from payment of uavel tax including those for the spouse and minor
dependents as certified by the DOST,

+ Exemption from the Immigration clearance certificates and payment of muluple entry
fees as provided under existing laws, rules and regulations;

+ Exemption from securing alica employment permit within the duration of their contract:

+ Reimbursement of expenses for the surface shipment of personal and household effects
including one (1) motor vehicle not exceeding 2 % tons volume weight,

+ Grants-in-aid (GIA) for research and development projects approved by the Secretary of
DOST. The GIA shall be released to the recipient within three (3) months upon arrival of
the grantee,

+ Availability of the infrastructure budget for the laboratory to come up with an innovation
Provided, that the laboratory shall remain as property of the government after the
expiration of the term,

+ Grant by the Secretary of the Department of Justice special non-immigrant visa under
Section 47 (a) (2) of the Philippine Immigration Act of 1940, as amended, including
those for the spouse and minor dependents, after compliance with the requirements
therefore and exemption from payment of visa, immigration and registration fees in
accordance with existing laws, rules or regulations,

+ Medical and Accident Insurance shall be provided to the Scientist and his’her spouse and
two (2) minor dependents throughout the duration of the grant,

+ fducationat Support for the two (2) minor dependents during the duration of the grant,
and

+ Housing Subsidy during the duration of the contract.

+ The returning scientists‘experts who are non-Filipino Nationals shall also be
exempted from the Professional Regulation Commission (PRC), Department of Labor
and Management (DOLE) and in any other government agencies’ laws, rules and
regulations and policies, limiting the practice of their profession in the country

SECTION 10. dnter-Agency Body. There shall be an inter-agency body which shall review the
policies and programs of the BSP to ensure attainment of the objectives of this Act.

The Inter-Agency Body shall consist of the following:

+ The Secretary of the Department of Science and Technology — Chairperson

« The Secretary of the National Economic Development Authority — Co-Vice-
Chairperson

+ The Secretary of the Department of Foreign Affairs ~ Co-Vice-Chairperson


The Secretary of the Department of Agriculture

The Secretary of the Department of Environment and ‘Natural Resources:
The Secretary of the Department of Labor and Employment

‘The Secretary of the Department of Health

‘The Secretary of the Department of Tourism

The Commissioner of the Bureau of {mmigration

The Commissioner of the Philippine Regulation Commission

The Commissioner of the Philippine Retirement Authority

A representative from the private sector organization

‘A representative from the Academe

SECTION 13. BSP Secretariat. There shail be a permanent BSP Secretariat to assist the DOST
and the Inter-Agency Body in the implementation of the BSP

SECTION 12. Administration. ‘Yhis program shall be under the direction and administration of
the DOST.

SECTION 13. Annual review. The BSP shall be reviewed annually by the Inter-Agency Body,
the private sector, representatives from both Houses of Congress, Committee on Science and
Technology (COMSTE) and the Office of the President.

SECTION 14. Annual Report, To cnsure the attainment of the objective of this Act and for
purposes of review of the viability/success of the BSP, the DOST shall render an annual report 10
the Commission on Science and ‘Technology and Engineering (COMSTE) on the
accomplishments of the program.

SECTION 15. Funding. Yo carry out the provisions of this Act, the sum of twend five mitlion
pesos (P25, 000,000.00) in addition to existing budget for the BSP of DOST is hereby
appropriated for the initial year of implementation of this Act. Thereafter, the said amount shall
be included in the annual budget of DOST in accordance with the Annual General
Appropriations Act.

SECTION 16. Implementing Rules and Regulations. The Department of Science and
Technology shall issue within 90 calendar days the implementing rules of this Act in
consultation with the appropriate private and government organizations and agencies to
effectively implement the Program

SECTION 17. Separability Clause. if any provision of this Act shall be held unconstitutional or
invalid, the other provisions nat otherwise affected shall remain in full force and effect.

SECTION 18. Effectivity. This Act shall take after fifteen (15) days following the date of its
publication in the Official Gazette or in two (2) newspapers of general circulation whichever
comes earlier.

Approved,