Philippine Space Development and Agency Act

Policy intent and development roadmap

Section 2 declares State policy to 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 declares State policy to develop, apply, and utilize science and technology (S&T) to foster patriotism and nationalism and accelerate social progress, including space technology for security and for the benefit of citizens.
Section 2 declares State policy to ensure access to space and its environs as a sovereign right for national security and the attainment and protection of national interest.
Section 2 declares State policy to create a coherent and unified strategy to keep pace with other nations in space S&T.
Section 2 declares State policy that the Philippines has official representation in the international space community to establish cooperation agreements and linkages on space development.
Section 2 declares State policy to abide by international space treaties and UN-promulgated principles, including international rules and procedures concerning the Outer Space Treaty and Liability Convention, among others.
Section 4 establishes that the Philippine Space Development and Utilization Policy (the Philippine Space Policy) is the country’s primary strategic roadmap for space development.
Section 4 provides that the Philippine Space Policy embodies the goal of becoming a space-capable and space-faring nation within the next decade.
Section 4 requires focus on space S&TAs addressing national issues, promoting efficient utilization of space assets, establishing capacity-building for human resources development, strengthening national defense, and enhancing international cooperation.

Definitions and program coverage

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

Philippine Space Policy framework

Section 5 directs that the Philippine Space Policy focus on six (6) Key Development Areas (KDAs) for SSTA development.
Section 5(a) targets National Security and Development, emphasizing space applications that preserve and enhance national security and promote development beneficial to all Filipinos.
Section 5(b) targets Hazard Management and Climate Studies, requiring the development and utilization of space S&T applications for hazard management, disaster mitigation, and resiliency to climate change.
Section 5(c) targets Space Research and Development, requiring focus on conducting R&D in vital areas of space science, technology, and allied fields to spur rapid scientific growth.
Section 5(d) targets Space Industry Capacity Building, requiring creation of a robust and thriving space industry supported by private sector involvement and cooperation.
Section 5(e) targets Space Education and Awareness, requiring establishment of a sustainable pool of trained space scientists, engineers, and communicators and increasing public awareness of the value and benefits of space.
Section 5(f) targets International Cooperation, requiring partnerships so the Philippines becomes a key player in ASEAN and the global space community through significant contributions and capabilities in space S&T applications.

Creation and mandate of PhilSA

Section 6 establishes the Philippine Space Agency (PhilSA) as the central government agency addressing all national issues and activities related to space S&T applications.
Section 7 mandates that the PhilSA serves as the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch for planning, developing, and promoting the national space program in line with the Philippine Space Policy.

Powers and functions of PhilSA

Section 8(I)(a) requires PhilSA to assist in the creation, development, and implementation of national and international space policies.
Section 8(I)(b) authorizes PhilSA to plan, direct, manage, and implement programs and projects relating to scientific space R&D and application of space technology.
Section 8(I)(c) authorizes PhilSA to receive money, securities, or other personal or movable property by gift or bequest and expend, administer, or dispose of them subject to the terms of the gift or bequest in a manner that promotes PhilSA objectives.
Section 8(I)(d) requires PhilSA to implement the Philippine Space Development and Utilization Policy.
Section 8(I)(e) empowers PhilSA to coordinate all space activities of various sectors and stakeholders in the Philippines in accordance with existing laws.
Section 8(I)(f) requires PhilSA to provide appropriate and accurate advice to the President and other government agencies on space-related issues and concerns.
Section 8(II)(a) requires PhilSA to develop, construct, acquire, manage, maintain, and operate space research, development and operation facilities and systems on behalf of the Philippine Government for use by various government agencies and other stakeholders.
Section 8(II)(b) requires PhilSA to assist departments and other agencies and the private sector in utilizing SSTAs and data/information to aid performance of their mandates and duties.
Section 8(III)(a) empowers PhilSA to perform basic and applied R&D relating to SSTAs in collaboration with universities, industries, and other institutions.
Section 8(III)(b) empowers PhilSA to design, develop, and construct space systems and facilities, and to launch, track, and operate satellites on behalf of the Philippine Government.
Section 8(III)(c) requires PhilSA to promote the growth of space S&T through R&D.
Section 8(IV)(a) requires PhilSA to establish programs that develop space education and promote public awareness.
Section 8(IV)(b) empowers PhilSA to provide grants and contributions supporting programs or projects relating to scientific or industrial space R&D and application of space technology.
Section 8(IV)(c) empowers PhilSA to provide services and facilities for entities conducting academic R&D relating to SSTAs.
Section 8(V)(a) requires PhilSA to promote the development of a robust and vibrant local space industry and economy.
Section 8(V)(b) requires PhilSA to promote the transfer and diffusion of space technology throughout the Philippine industry.
Section 8(V)(c) encourages PhilSA to support commercial exploitation of space capabilities, technology, information, facilities, and systems.
Section 8(V)(d) empowers PhilSA to license, sell, or otherwise make available any patent, copyright, industrial design, trademark, trade secret, or other like property controlled.
Section 8(V)(e) requires PhilSA to disseminate results of R&D activities and promote utilization except when information is deemed confidential for national welfare and security and for the protection of intellectual property rights.
Section 8(VI)(a) requires PhilSA to cooperate with space-related agencies of other countries in the peaceful use and development of space.
Section 8(VI)(b) requires PhilSA to 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.
Section 8(VI)(c) authorizes PhilSA to enter into contracts, memoranda of understanding/agreement, or other arrangements on behalf of the State in consultation with the Department of Foreign Affairs and/or other concerned agencies.
Section 8(VI)(d) requires PhilSA to establish and maintain linkages with other national space agencies and organizations.
Section 8(VI)(e) requires PhilSA to represent the Philippines in the United Nations Committee on the Peaceful Use of Outer Space and other similar space-related forums, assemblies, and organizations.

Governance, structure, and appointments

Section 9 provides that the PhilSA is an attached agency of the Office of the President for policy and program coordination to ensure alignment in national policies and priorities.
Section 9 states that the PhilSA is headed by a Director General and structured with the Office of the Director General, the Office of the Deputy Director General, and various divisions created as necessary.
Section 10 provides that the Director General has the rank and compensation of a Cabinet Secretary.
Section 10 provides that the Director General is appointed by the President, subject to confirmation by the Commission on Appointments.
Section 10 assigns the Director General executive direction and supervision over PhilSA operations.
Section 10 requires the Director General to establish policies and standards for effective, efficient, and economical operation of PhilSA in accordance with government programs.
Section 10 requires review and approval of requests for financial and manpower resources of all operating offices of PhilSA.
Section 10 authorizes the Director General to designate and appoint officers and employees of the PhilSA excluding the Deputy Directors, in accordance with civil service laws, rules, and regulations.
Section 10 empowers the Director General to exercise disciplinary powers over officers and employees, including investigation and designation of a committee or officer to conduct investigation.
Section 10 requires coordination with other departments, agencies, and public and private interest groups including NGOs and POs on PhilSA policies and initiatives.
Section 10 requires submission to the President through the Department of Budget and Management (DBM) of an estimate of necessary expenditures during the next fiscal year based on reports and estimates of divisions and offices under the Director General.
Section 10 mandates that the Director General serve as a member of the Government Procurement Policy Board (GPPB) established by Republic Act No. 9184.
Section 10 makes the Director General the Presidential Adviser on Space Matters, advising the President on the promulgation of executive and administrative orders and formulation of regulatory and legislative proposals on SSTA development.
Section 10 authorizes the Director General to formulate rules and regulations and exercise other powers required to implement the Act.
Section 11 provides that the Director General is assisted by three (3) Deputy Directors General with rank and compensation of a Department Undersecretary appointed by the President upon recommendation of the Director General.
Section 11 requires that two (2) of the Deputy Directors General be career executive officers.

Eligibility requirements for PhilSA top posts

Section 12 bars appointment as Director General or Deputy Director General unless the appointee is a citizen and resident of the Philippines, of good moral character and proven integrity.
Section 12 requires an advanced degree in Space Science, Astronomy, Physics, Engineering, or related fields of study.
Section 12 requires 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 SSTA sector.

Philippine Space Council and its functions

Section 13 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(a) establishes PSC membership headed by the President of the Philippines as Chairperson, with specified Secretaries and legislative committee chairs as members.
Section 13(a)(2) provides that the Secretary of Science and Technology serves as Vice Chairperson.
Section 13(a)(3) provides that the Secretary of National Defense serves as Vice Chairperson.
Section 13(b) requires PSC to recommend and approve implementation of Philippine space policies in accordance with international conventions.
Section 13(b) requires PSC to ensure appropriate allocation of resources supporting PhilSA mandates.
Section 13(b) requires PSC to approve strategic directions and decisions for implementation of PhilSA.
Section 13(c) provides that the Director General of PhilSA serves as Head Secretariat to the PSC with support staff of the PhilSA.

Transfers, staffing separation, and staffing structure

Section 14 directs consolidation of PhilSA functions by transferring from parent agencies the Philippines Space Science Education Program of DOST-SEI (Science Education Institute, Department of Science and Technology—Science Education Institute).
Section 14(b) requires the transfer of funds, functions, assets, equipment, properties, transactions, and personnel of affected agencies within a specified period to enable smooth transfer to PhilSA.
Section 14(c) provides that filling up PhilSA positions is subject to Republic Act No. 6656 (Security of Tenure of the Personnel).
Section 14 preserves support agencies’ functions and responsibilities and allows PhilSA consolidation without diminishing them.
Section 15 provides that employees separated within six (6) months from the effectivity of the Act due to consolidation and/or reorganization receive separation benefits under Executive Order No. 366, series of 2004.
Section 15 allows qualified employees to retire under existing retirement laws and receive retirement benefits under applicable laws and issuances.
Section 16 provides that, subject to approval of the DBM, PhilSA determines its organizational structure, creates new divisions or units as needed, and appoints officers and employees in accordance with civil service rules.

PhilSA official site allocation

Section 17 allocates exclusively for PhilSA office and research facilities a land area equivalent to at least thirty (30) hectares out of land under administration of BCDA within the Clark Special Economic Zone in Pampanga and Tarlac.
Section 17 requires PhilSA to establish additional offices, research facilities, and launch sites in strategic areas as it deems necessary.
Section 17 requires boundaries and technical descriptions of land areas to be determined by an actual and joint group survey.

Employee benefits and civil service coverage

Section 18 provides that qualified employees of PhilSA and its attached units are covered by Republic Act No. 8439 (Magna Carta for Scientists, Engineers, Researchers and Other Science and Technology Personnel in the Government).

Reporting, funds, and budgeting rules

Section 19 requires PhilSA to submit to the President and both Houses of Congress a report not later than the 30th of March of every year following the effectivity of the Act.
Section 19 requires the annual report to give a detailed account of the status of implementation of the Act and recommended legislation where applicable and necessary.
Section 20 provides that PhilSA funds consist of: (a) annual General Appropriations for PhilSA; and (b) income, fees, royalties, and other revenues from other sources.
Section 20 requires administration of funds by the Director General in accordance with existing government budgeting, accounting, and auditing rules.
Section 21 requires the PhilSA budget based on an annual congressional appropriation to ensure financial and human resources necessary to fulfill assigned responsibilities.
Section 21 authorizes PhilSA to use one hundred percent (100%) of its donations, bequests, grants, and all sums appropriated for upgrading physical and human resources, for the conduct of activities, and for augmentation of its budget in case of shortfalls.
Section 21 mandates that seventy-five percent (75%) of PhilSA income be retained for upgrading equipment and physical facilities.
Section 21 mandates that twenty-five percent (25%) of PhilSA income be remitted to the National Treasury.
Section 21 authorizes PhilSA to solicit, receive, and retain donations, bequests, and grants.

Philippine Space Development Fund

Section 22 creates the Philippine Space Development Fund for exclusive use by PhilSA.
Section 22 requires administration of the Fund by the Director General of PhilSA in accordance with existing government budgeting, accounting, and auditing rules.
Section 22 requires the Fund to be sourced from:
- (a) Ten billion pesos (P10,000,000,000.00) taken from the share of the National Government in the gross income of PAGCOR and BCDA for five (5) years after the effectivity of the Act, with Two billion pesos (P2,000,000,000.00) per year released to PhilSA;
- (b) income from specialized products, services, and royalties produced by PhilSA; and
- (c) loans, contributions, grants, bequests, gifts, and donations from local or foreign sources.
Section 22 requires that acceptance of grants, bequests, contributions, and donations from foreign governments be subject to approval of the President upon recommendation of the Director General through the PSC.
Section 22(a) requires the entire amount of P10,000,000,000.00, including any interest income thereon, to be used exclusively for capital outlay.

Space objects registry and State liability

Section 23 requires PhilSA to maintain 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 requires PhilSA to furnish the United Nations Office for Outer Space Affairs information contained in the National Registry as required under the Registration Convention.
Section 24 requires the Philippine Government to take responsibility for damages caused by space objects registered in the National Registry in accordance with the United Nations Convention on International Liability for Damage Caused by Space Objects and similar international laws.
Section 24 provides that State responsibility takes effect upon the Philippine Government’s ratification of the Liability Convention and Registration Convention.

Initial appropriation and implementing rules

Section 25 appropriates One billion pesos (P1,000,000,000.00) as the initial operating fund of PhilSA, taken from the current fiscal year’s appropriation of the Office of the President.
Section 25 requires that amounts needed for PhilSA operation and maintenance thereafter be included in the General Appropriations Act.
Section 26 requires PhilSA, in coordination with the DBM, Civil Service Commission, and other relevant agencies, to promulgate necessary rules and regulations within ninety (90) days from the effectivity of the Act.

Separability, repealing clause, and operational continuity

Section 27 provides that if any provision is declared unconstitutional, the remaining provisions remain valid.
Section 28 provides that all laws, decrees, orders, rules, and regulations, or other issuances or parts inconsistent with the Act are repealed or modified accordingly.