An Act Establishing the Philippine Space Development and Utilization Policy and Creating The Philippine Space Agency, and for Other Purposes

Seventeenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

REPUBLIC ACT No. 11363

An Act Establishing the Philippine Space Development and Utilization Policy and Creating The Philippine Space Agency, and for Other Purposes

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

Section 1. Short Title. -This Act shall be known as the "Philippine Space Act".

Section 2. Declaration of Policy. -It is hereby declared the policy of the State:

Section 3. Definition of Terms. -As used in this Act the following terms shall mean:

Section 4. The Philippine Space Development and Utilization Policy. -The Philippine Space Development and Utilization Policy, or the Philippine Space Policy, will serve as the country’s primary strategic roadmap for space development and will embody the country’s central goal of becoming a space-capable and space-faring nation within the next decade. It shall focus on areas of SSTA that would address national issues, promote the efficient utilization of space assets and resources, establish capacity-building measures for human resources development, strengthen national defense, and enhance international cooperation.

Section 5. Framework of the Space Policy. -The Philippine Space Policy will focus on six (6) Key Development Areas (KDAs) for SSTA development to ensure the State’s sustained progress:

Section 6. Creation of the Philippine Space Agency (PhilSA). -A Philippine Space Agency, hereinafter referred to as the PhilSA, is hereby established as the central government agency addressing all national issues and activities related to space S&T applications.

Section 7. Mandate. -The PhilSA shall be the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch of the government that will plan, develop, and promote the national space program in line with the Philippine Space Policy.

Section 8. Powers and Functions. -The PhilSA shall exercise the following powers and functions:

I. Policy, Planning and Coordination

II. Improved Public Access and Resource-Sharing

III. Research and Development (R&D)

IV. Education and Capacity Building

V. Industry Development

VI. International Cooperation

Section 9. Composition. -The PhilSA shall be an attached agency of the Office of the President for purposes of policy and program coordination, to ensure alignment in national policies and priorities. It shall be headed by a Director General. The PhilSA proper shall be composed of the Office of the Director General, the Offices of the Deputy Director General and various divisions to be created as deemed necessary.

Section 10. Director General of the PhilSA. -The Director General shall have the rank and compensation of a Cabinet Secretary and shall be appointed by the President, subject to the confirmation by the Commission on Appointments. The Director General shall have the following functions:

Section 11. Deputy Director General. -The Director General shall be assisted by three (3) Deputy Directors General with the rank and compensation of a Department Undersecretary who shall be appointed by the President upon the recommendation of the Director General: Provided, That two (2) of the Deputy Directors General shall be career executive officers.

Section 12. Qualifications. -No person shall be appointed Director General or Deputy Director General of the PhilSA unless he or she is a citizen and resident of the Philippines, of good moral character, of proven integrity, with an advanced degree in Space Science, Astronomy, Physics, Engineering or related fields of study, with at least five (5) years of competence and expertise in any of the following: astrophysics, space science, aerospace engineering, space systems engineering, remote sensing space industry, or human capital development in the SSTA sector.

Section 13. Philippine Space Council. -A Philippine Space Council (PSC) is hereby created as the principal advisory body for the coordination and integration of policies, programs and resources affecting space S&T applications.

Section 14. Transfer of Astronomical and Space-related Functions. -To consolidate the functions of the PhilSA, the following shall be transferred from their parent agency:

Nothing in this Act shall diminish the functions and responsibilities of the support agencies.

Section 15. Separation arid Retirement from Service. -Employees who are separated from service within six (6) months from the effectivity of this Act as a result of consolidation and/or reorganization under the provisions of this Act shall receive separation benefits to which they may be entitled under Executive Order No. 366, series of 2004: Provided, That those who are qualified to retire under existing retirement laws shall be allowed to retire and receive retirement benefits to which they may be entitled under applicable laws and issuances.

Section 16. Structure and Staffing Pattern. -Subject to the approval of the DBM, the PhilSA shall determine its organizational structure and create new divisions or units as it may deem necessary, and shall appoint officers and employees of the PhilSA in accordance with the civil service laws, rules and regulations.

Section 17. Official Site of the PhilSA. -A land area equivalent to at least thirty (30) hectares out of the vast land which are under the administration of the Bases Conversion and Development Authority (BCDA) within the Clark Special Economic Zone in Pampanga and Tarlac, shall be allocated exclusively for the PhilSA office and its research facilities: Provided, That the PhilSA shall establish additional offices, research facilities, and launch sites in strategic areas as it may deem necessary: Provided, That the boundaries and technical descriptions of these land areas shall be determined by an actual and joint group survey.

Section 18. Magna Carta. -Qualified employees of the PhilSA and its attached units shall be covered by Republic Act No. 8439, otherwise known as "Magna Carta for Scientists, Engineers, Researchers and Other Science and Technology Personnel in the Government".

Section 19. Annual Report. -The PhilSA shall submit to the President and to both Houses of Congress, not later than the 30th of March of every year following the effectivity of this Act, a report giving a detailed account of the status of the implementation of this Act and recommended legislation, where applicable and necessary.

Section 20. Funds of the PhilSA. -The funds of the PhilSA shall consist of:

The funds shall be administered by the Director General of the PhilSA in accordance with existing government budgeting, accounting and auditing rules and regulations.

Section 21. Use of Income. -The budget of the PhilSA, based on an annual appropriation from Congress, shall ensure that it has the financial and human resources necessary to fulfill its assigned responsibilities under this Act. The PhilSA shall also be authorized to use one hundred percent (100%) of its donations, bequests, grants, and all sums which may be appropriated for upgrading its physical and human resources, for the conduct of its activities, and for the augmentation of its budget in case of shortfalls. Seventy-five percent (75%) of its income shall be retained for the upgrading of its equipment and physical facilities and the remaining twenty-five percent (25%) shall be remitted to the National Treasury. The PhilSA may also solicit, receive and retain donations, bequests, and grants.

Section 22. Philippine Space Development Fund. -There is hereby created the Philippine Space Development Fund to be used exclusively for the PhilSA. The Philippine Space Development Fund shall be administered by the Director General of the PhilSA in accordance with existing government budgeting, accounting and auditing rules and regulations. The Philippine Space Development Fund shall be sourced from the following:

Section 23. National Registry of Space Objects. -In accordance to the United Nations Convention on Registration of Objects Launched into Outer Space, the PhilSA shall maintain a National Registry of Space Objects which lists all space objects launched under the responsibility of the Philippines as the Launching State. The PhilSA shall furnish the United Nation Office for Outer Space Affairs with information contained in the National Registry of Space Objects as required under the Registration Convention.

Section 24. Liability of the Philippines for National Space Objects.— In accordance with the United Nations Convention on International Liability for Damage Caused by Space Objects and other similar international laws, the Philippine Government shall take responsibility for damages caused by space objects registered in the Philippines’ National Registry-of Space Objects. This shall take into effect upon ratification of the Liability Convention and Registration Convention by the Philippine Government.

Section 25. Appropriations.— The sum of One billion pesos (₱1,000,000,000.00) is hereby appropriated as initial operating fund of the PhilSA, taken from the current fiscal year’s appropriation of the Office of the President. Thereafter, the amount needed for the operation and maintenance of the PhilSA shall be included in the General Appropriations Act.

Section 26. Implementing Rales and Regulations.— Within ninety (90) days from the effectivity of this Act, the PhilSA, in coordination with the DBM, Civil Service Commission and other relevant government agencies, shall promulgate the necessary rules and regulations for the effective implementation of this Act.

Section 27. Separability Clause.— Should any provision herein be declared unconstitutional, the same shall not affect the validity of the other provisions of this Act.

Section 28. Repealing Clause. -All laws, decrees, orders, rules, and regulations or other issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 29. Effectivity.— This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines.

Approved,

(Sgd) GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

(Sgd) VICENTE C. SOTTO III
President of the Senate

This Act which is a consolidation of Senate Bill No. 1983 and House Bill No. 8541 was passed by the Senate of the Philippines and the House of Representatives on June 4, 2019.

(Sgd) DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives

(Sgd.) MYRA MARIE D. VILLARICA
Secretary of the Senate

(Sgd) RODRIGO ROA DUTERTE
President of the Philippines

Approved: August 8, 2019.