Philippine Space Act, Establishing PhilSA

Declaration of policy and purpose

The State shall safeguard Philippine sovereignty, territorial integrity, Philippine interest, and the right to self-determination as mandated by Article II, Section 7 of the 1987 Constitution (Section 2(a)).
The State shall support and commit to the development, application, and utilization of science and technology (S&T) that fosters patriotism and nationalism and accelerates social progress, including space technology for security and for the benefit of citizens (Section 2(b)).
The State shall ensure access to space and its environs as a sovereign right in promoting national security toward attainment and protection of national interest (Section 2(c)).
The State recognizes an urgent need for a coherent and unified strategy for space development and utilization to keep pace with other nations in space S&T (Section 2(d)).
The State shall ensure official representation in the international space community to establish cooperation agreements and linkages on space development (Section 2(e)).
The State shall abide by United Nations international space treaties and principles, including international rules and procedures on the Outer Space Treaty and the Liability Convention, and shall be an active participant in the international space community (Section 2(f)).

Definitions and core concepts

“PhilSA” means the Philippine Space Agency created under the Act (Section 3(a)).
“Space Science and Technology Applications (SSTAs)” means the scientific principles and their applications to space science, engineering, and other allied fields (Section 3(b)).
“Satellites” include all objects launched into earth orbit and artificial objects to be placed in orbit of celestial bodies for space exploration (Section 3(c)).

Philippine Space Policy roadmap

The Philippine Space Development and Utilization Policy (“Philippine Space Policy”) serves as the country’s primary strategic roadmap for space development (Section 4).
The Philippine Space Policy embodies the central goal of becoming a space-capable and space-faring nation within the next decade (Section 4).
The Philippine Space Policy focuses on SSTA areas that: address national issues; promote efficient utilization of space assets and resources; establish capacity-building measures for human resources development; strengthen national defense; and enhance international cooperation (Section 4).
The Philippine Space Policy is organized around six (6) Key Development Areas (KDAs): (1) National Security and Development; (2) Hazard Management and Climate Studies; (3) Space Research and Development; (4) Space Industry Capacity Building; (5) Space Education and Awareness; and (6) International Cooperation (Section 5).
Each KDA directs focus on specific space SSTA objectives, including preserving/enhancing national security, disaster mitigation and climate resiliency, R&D for rapid scientific growth, private-sector-supported space industry development, space education and public awareness, and international partnerships (including contributions within ASEAN and the global space community) (Section 5).

Creation, mandate, and powers

The Act creates the Philippine Space Agency (PhilSA) as the central government agency addressing all national issues and activities related to space S&T applications (Section 6).
The PhilSA shall be the Executive Branch’s primary policy, planning, coordinating, implementing, and administrative entity for planning, developing, and promoting the national space program in line with the Philippine Space Policy (Section 7).
The PhilSA shall have powers and functions for: assisting in creation/development/implementation of national and international space policies; planning and implementing space scientific R&D and application programs; and implementing the Philippine Space Development and Utilization Policy (Section 8(I)).
The PhilSA shall coordinate space activities of various sectors and stakeholders in the Philippines in accordance with existing laws and shall provide advice to the President and other government agencies on space-related issues (Section 8(I)(e)-(f)).
The PhilSA may take and administer money, securities, or movable property by gift or bequest and expend, administer, or dispose of them subject to the terms of such gift or bequest to best promote PhilSA objectives (Section 8(I)(c)).
The PhilSA shall develop and operate space research/development facilities and systems on behalf of the Philippine Government for use by various government agencies and other stakeholders, and shall assist State departments/agencies and the private sector in utilization of SSTAs and data/information for their mandates (Section 8(II)).
The PhilSA shall conduct basic and applied R&D relating to SSTAs in collaboration with universities, industries, and other institutions, and shall design/develop/construct space systems and facilities and launch/track/operate satellites on behalf of the Philippine Government (Section 8(III)).
The PhilSA shall establish education and awareness programs, provide grants and contributions for space R&D and space technology applications, and provide services/facilities for entities conducting academic R&D relating to SSTAs (Section 8(IV)).
The PhilSA shall promote local space industry and economy growth; promote transfer and diffusion of space technology; encourage commercial exploitation of space capabilities and related outputs; license/sell/make available intellectual property (patent, copyright, industrial design, trademark, trade secret, or like property) controlled by the PhilSA; and disseminate R&D results except when confidentiality is required for national welfare/security and protection of intellectual property rights (Section 8(V)).
The PhilSA shall cooperate internationally for peaceful space use/development; maintain a national registry of space objects in accordance with the United Nations Convention on Registration of Objects Launched into Outer Space and other international guidelines; and enter into contracts/agreements/arrangements on behalf of the State in consultation with the Department of Foreign Affairs and/or other concerned agencies (Section 8(VI)(b)-(c)).
The PhilSA shall represent the Philippines in the United Nations Committee on the Peaceful Use of Outer Space and other similar space forums, assemblies, and organizations (Section 8(VI)(e)).

Organization and leadership structure

The PhilSA is an attached agency of the Office of the President for policy and program coordination, to align national policies and priorities (Section 9).
The PhilSA is headed by a Director General, and its PhilSA proper consists of the Director General’s Office, the Offices of the Deputy Director General, and various divisions to be created as necessary (Section 9).
The Director General has the rank and compensation of a Cabinet Secretary and is appointed by the President, subject to confirmation by the Commission on Appointments (Section 10).
The Director General shall: provide executive direction and supervision; establish policies and standards for effective/efficient/economical operations; review and approve requests for financial and manpower resources; designate and appoint officers/employees (excluding Deputy Directors) under civil service rules; exercise disciplinary powers consistent with law; coordinate with departments/agencies and public/private groups (including NGOs and POs) (Section 10(a)-(f)).
The Director General shall prepare and submit next fiscal year expenditure estimates to the President through the Department of Budget and Management (DBM) based on reports/estimates from divisions and offices (Section 10(g)).
The Director General shall serve as a member of the Government Procurement Policy Board (GPPB) established by Republic Act No. 9184 (Section 10(h)).
The Director General shall serve as Presidential Adviser on Space Matters, advising the President on promulgation of executive/administrative orders and formulation of regulatory and legislative proposals on matters pertaining to SSTAs (Section 10(i)).
The Director General shall formulate rules and regulations and exercise other powers required to implement the Act, and shall perform other tasks provided by law or assigned by the President (Section 10(j)-(k)).
The Director General is assisted by three (3) Deputy Directors General with the rank and compensation of a Department Undersecretary, appointed by the President upon the Director General’s recommendation; two (2) Deputy Directors General shall be career executive officers (Section 11).

Eligibility and Philippine Space Council

A person may not be appointed as Director General or Deputy Director General unless the person is a citizen and resident of the Philippines, of good moral character, and with proven integrity (Section 12).
The Director General or Deputy Director General must have an advanced degree in Space Science, Astronomy, Physics, Engineering, or related fields of study (Section 12).
The Director General or Deputy Director General must have at least five (5) years of competence and expertise in any of: astrophysics, space science, aerospace engineering, space systems engineering, remote sensing space industry, or human capital development in the SSTAs sector (Section 12).
The Act creates the Philippine Space Council (PSC) as the principal advisory body for coordination and integration of policies, programs, and resources affecting space S&T applications (Section 13).
The PSC is chaired and composed of: the President of the Philippines (Chairperson); Secretary of Science and Technology (Vice Chairperson); Secretary of National Defense (Vice Chairperson); Chair of Senate Committee on Science and Technology; Chair of House Committee on Science and Technology; Director General of NEDA; Secretary of Finance; Secretary of Foreign Affairs; Secretary of Agriculture; Secretary of Environment and Natural Resources; Secretary of Trade and Industry; and Secretary of Information and Communications Technology (Section 13(a)).
The President may designate an Executive Secretary to preside over PSC meetings in the President’s absence (Section 13(a)).
The PSC functions include recommending and approving implementation of Philippine space policies in accordance with international conventions; ensuring appropriate allocation of resources supporting PhilSA mandates; and approving strategic directions and decisions for implementing PhilSA (Section 13(b)).
The Director General of the PhilSA serves as Head Secretariat to the PSC with PhilSA support staff (Section 13(c)).

Transfer, staffing protections, and facilities

The Act consolidates PhilSA functions by transferring from the parent agency the Philippines Space Science Education Program of the Science Education Institute (DOST-SEI), Department of Science and Technology (Section 14(a)).
Transfer of funds, functions, assets, equipment, properties, transactions, and personnel for the affected agencies shall be completed within a specified period to enable smooth transfer to PhilSA (Section 14(b)).
Filling up positions in the PhilSA is subject to the provisions of Republic Act No. 6656 on Security of Tenure of the Personnel (Section 14(c)).
Nothing in the Act diminishes the functions and responsibilities of support agencies (Section 14).
Employees separated within six (6) months from the Act’s effectivity due to consolidation and/or reorganization shall receive separation benefits under Executive Order No. 366, series of 2004, and qualified employees to retire under existing retirement laws may retire and receive retirement benefits under applicable laws and issuances (Section 15).
Subject to approval of the DBM, the PhilSA determines its organizational structure and creates divisions/units as needed, and appoints officers/employees in accordance with civil service rules (Section 16).
A land area equivalent to at least thirty (30) hectares out of land administered by BCDA within the Clark Special Economic Zone in Pampanga and Tarlac is allocated exclusively for the PhilSA office and research facilities (Section 17).
The PhilSA shall establish additional offices, research facilities, and launch sites in strategic areas as deemed necessary (Section 17).
Boundaries and technical descriptions of land areas shall be determined by an actual and joint group survey (Section 17).

Employment benefits and annual reporting

Qualified PhilSA employees and attached units are covered by Republic Act No. 8439, the “Magna Carta for Scientists, Engineers, Researchers and Other Science and Technology Personnel in the Government” (Section 18).
The PhilSA shall submit an annual report to the President and both Houses of Congress not later than 30 of March every year following the effectivity of the Act, detailing the status of implementation and recommending legislation where applicable and necessary (Section 19).

Funds, use of income, and Space Development Fund

PhilSA funds consist of: (a) the annual General Appropriations for PhilSA; and (b) income, fees, royalties, and other revenues from other sources (Section 20).
PhilSA funds are administered by the Director General in accordance with existing government budgeting, accounting, and auditing rules (Section 20).
The PhilSA budget, based on annual congressional appropriation, shall ensure financial and human resources necessary to fulfill assigned responsibilities (Section 21).
The PhilSA is authorized to use 100% of donations, bequests, grants, and sums appropriated for upgrading physical and human resources, conducting activities, and augmenting its budget in case of shortfalls (Section 21).
The PhilSA shall retain 75% of its income for upgrading equipment and physical facilities and remit 25% to the National Treasury (Section 21).
The PhilSA may solicit, receive, and retain donations, bequests, and grants (Section 21).
The Act creates the Philippine Space Development Fund to be used exclusively for the PhilSA, administered by the Director General under existing government budgeting, accounting, and auditing rules (Section 22).
The Philippine Space Development Fund is sourced from: (a) PHP 10,000,000,000.00 taken from the share of the National Government in the gross income of PAGCOR and the BCDA for five (5) years, with PHP 2,000,000,000.00 per year released to PhilSA; and the entire PHP 10,000,000,000.00, including any interest income, used exclusively for capital outlay (Section 22(a)).
The Philippine Space Development Fund also includes income from specialized products, services, and royalties produced by the PhilSA (Section 22(b)).
The Philippine Space Development Fund also includes loans, contributions, grants, bequests, gifts, and donations from local or foreign sources (Section 22(c)).
Acceptance of grants, bequests, contributions, and donations from foreign governments requires approval of the President upon recommendation of the Director General through the PSC (Section 22(c)).
The Act appropriates PHP 1,000,000,000.00 as initial operating fund of PhilSA, taken from the current fiscal year appropriation of the Office of the President, and thereafter funding for operation and maintenance shall be included in the General Appropriations Act (Section 25).

Space registry and international liability

The PhilSA maintains a National Registry of Space Objects listing all space objects launched under the responsibility of the Philippines as the Launching State, consistent with the United Nations Convention on Registration of Objects Launched into Outer Space (Section 23).
The PhilSA furnishes the United Nations Office for Outer Space Affairs information contained in the National Registry of Space Objects as required under the Registration Convention (Section 23).
The Philippine Government takes responsibility for damages caused by space objects registered in the Philippines’ National Registry of Space Objects, consistent with the United Nations Convention on International Liability for Damage Caused by Space Objects and similar international laws (Section 24).
Philippine liability under this rule takes effect upon the ratification by the Philippine Government of the Liability Convention and the Registration Convention (Section 24).

Implementation timeline and legal effects

The PhilSA shall promulgate necessary Implementing Rules and Regulations within ninety (90) days from the Act’s effectivity, in coordination with the DBM, the Civil Service Commission, and other relevant government agencies (Section 26).
If any provision is declared unconstitutional, the remaining provisions remain valid (Section 27).
All laws, decrees, orders, rules, and regulations, or other issuances, or parts inconsistent with the Act are repealed or modified accordingly (Section 28).
The Act takes effect 15 days after publication in the Official Gazette or in any two (2) newspapers of general circulation (Section 29).