Title
Philippine Space Act, Establishing PhilSA
Law
Republic Act No. 11363
Decision Date
Aug 8, 2019
The Philippine Space Act establishes the Philippine Space Agency (PhilSA) to promote the development and utilization of space science and technology for the benefit of the country, with a focus on national security, hazard management, research and development, industry capacity building, education, and international cooperation.

Law Summary

Declaration of Policy

  • Safeguard Philippine sovereignty, territorial integrity, and right to self-determination.
  • Support development and utilization of science and technology to foster nationalism and social progress.
  • Ensure sovereign access to space for national security and interests.
  • Create a coherent strategy for space development to keep pace internationally.
  • Ensure official Philippine representation in the international space community.
  • Abide by international space treaties and actively participate in global space governance.

Definition of Terms

  • "PhilSA" refers to the Philippine Space Agency.
  • Space Science and Technology Applications (SSTAs): scientific principles and their applications to space science and related fields.
  • Satellites: all objects launched into Earth orbit or orbiting celestial bodies for space exploration.

Philippine Space Development and Utilization Policy

  • Serves as the strategic roadmap for national space development.
  • Aims for the Philippines to become space-capable and space-faring within a decade.
  • Focuses on SSTAs that address national issues, optimize space resources, build human resource capacity, strengthen defense, and enhance international cooperation.

Framework of the Space Policy

  • Six Key Development Areas (KDAs):
    • National Security and Development: space applications to preserve national security and promote development.
    • Hazard Management and Climate Studies: use space S&T to improve disaster mitigation and climate resilience.
    • Space Research and Development: conduct R&D in space science and technology.
    • Space Industry Capacity Building: promote a thriving space industry via private sector cooperation.
    • Space Education and Awareness: develop trained space scientists, engineers, specialists and increase public awareness.
    • International Cooperation: engage in regional and global space partnerships.

Creation of the Philippine Space Agency (PhilSA)

  • Established as the central government body for space science and technology applications.

Mandate of PhilSA

  • Primary policy, planning, coordination, implementation, and administrative entity for the national space program aligned with the Philippine Space Policy.

Powers and Functions of PhilSA

  • Policy, Planning, and Coordination:
    • Assist in creation and implementation of national/international space policies.
    • Manage programs on scientific space R&D and technology applications.
    • Handle donations, gifts, and property beneficial to its objectives.
    • Coordinate all space activities among Philippine sectors.
    • Advise the President and government agencies on space matters.
  • Public Access and Resource-Sharing:
    • Develop and operate space research facilities for government and stakeholders.
    • Assist government and private sectors in utilizing space data.
  • Research and Development:
    • Conduct basic and applied R&D partnering with universities and industries.
    • Design and operate satellites and related systems.
    • Promote space science and technology growth.
  • Education and Capacity Building:
    • Develop space education programs and public awareness.
    • Provide grants for scientific or industrial space R&D.
    • Offer services and facilities for academic use.
  • Industry Development:
    • Foster a robust local space industry.
    • Promote technology transfer and commercial use of space capabilities.
    • Manage intellectual property rights related to space technology.
  • International Cooperation:
    • Collaborate peacefully with foreign space agencies.
    • Maintain a national registry of space objects.
    • Enter agreements on behalf of the State with relevant consultation.
    • Represent the Philippines in international space forums.

Composition of PhilSA

  • Attached to the Office of the President for policy coordination.
  • Headed by a Director General with supporting administrative offices.

Director General

  • Cabinet Secretary rank, appointed by the President, subject to confirmation.
  • Oversees operations, sets policies, manages resources and personnel.
  • Coordinates with agencies and advises the President.
  • Responsible for rules and regulations to implement the Act.

Deputy Directors General

  • Three Deputies with Department Undersecretary rank, two must be career executives.

Qualifications for Director General and Deputies

  • Filipino citizen and resident of good moral character and integrity.
  • Advanced degree in relevant scientific or engineering fields.
  • Minimum 5 years expertise in astrophysics, space science, aerospace engineering, or related disciplines.

Philippine Space Council (PSC)

  • Principal advisory body on space policies and programs.
  • Composed of key government officials including the President (Chairperson).
  • Functions include recommending policies, allocating resources, and approving strategic decisions.
  • Secretariat headed by the PhilSA Director General.

Transfer of Space-Related Functions

  • Transfers functions, funds, assets, and personnel from existing agencies (e.g., DOST-SEI).
  • Ensures no diminution of support agencies’ responsibilities.

Employment Provisions

  • Provides separation benefits for employees affected by consolidation.
  • Retirement benefits as per existing laws.

Organizational Structure and Staffing

  • PhilSA may create divisions and units as necessary, subject to DBM approval.
  • Appointments adhere to civil service laws.

Official Site

  • At least 30 hectares allocated within Clark Special Economic Zone for PhilSA offices and research.
  • May establish additional facilities and launch sites as needed.

Magna Carta Coverage

  • PhilSA employees covered by the Magna Carta for Scientists, Engineers, Researchers and Other S&T Personnel in Government.

Reporting

  • Annual report to the President and Congress detailing implementation status and legislative recommendations.

Funds of PhilSA

  • Comprises annual General Appropriation and other income sources such as fees, royalties, and donations.
  • Funds administered per government budgeting and auditing rules.

Use of Income

  • Ensures sufficiency of resources for operations.
  • Authorized to retain 100% of donations and appropriated funds for upgrading and activities.
  • 75% of income retained for equipment/facilities upgrades; 25% remitted to the Treasury.

Philippine Space Development Fund

  • Created exclusively for PhilSA use.
  • Funded by P10 billion over 5 years from PAGCOR and BCDA revenues, income from PhilSA products/services, and grants/donations.
  • Acceptance of foreign donations requires Presidential approval.

National Registry of Space Objects

  • PhilSA maintains registry as per UN Registration Convention.
  • Information submitted to UN Office for Outer Space Affairs.

Liability of the Philippines

  • Assumes responsibility for damages caused by Philippine-registered space objects per UN Liability Convention upon ratification.

Initial Appropriations

  • P1 billion initial fund from Office of the President’s current fiscal budget.
  • Subsequent funding via General Appropriations Act.

Implementing Rules and Regulations

  • To be promulgated within 90 days by PhilSA in coordination with DBM, CSC, and other agencies.

Separability Clause

  • Invalidity of any provision shall not affect remaining provisions.

Repealing Clause

  • All laws inconsistent with this Act are repealed or modified accordingly.

Effectivity

  • Takes effect 15 days after publication in the Official Gazette or newspapers of general circulation.

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