Philippine Standard Time

Wednesday 1st of December 2021

Implementing Rules and Regulations of Republic Act. No. 11363

WHEREAS, Republic Act No. 11363, or the Philippine Space Act, was signed into law on August 8, 2019, creating the Philippine Space Agency (PhilSA);

WHEREAS, PhilSA was established to 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;

WHEREAS, the successful establishment, development and sustainability of the national space program require a vibrant ecosystem that encourages collaboration among PhilSA, other government agencies, academic institutions, international organizations, industry, and civil society;

WHEREAS, PhilSA, in coordination with the Department of Budget and Management (DBM), Civil Service Commission (CSC), and other relevant government agencies, was directed to promulgate the necessary rules and regulations for the effective implementation of the Philippine Space Act within 90 days from its effectivity.

NOW THEREFORE, the following Rules and Regulations implementing Republic Act No. 11363 are hereby promulgated, adopted, and prescribed for the information and guidance of all concerned:

CHAPTER I
DECLARATION OF POLICY, DEFINITION OF TERMS, SCOPE, AND OTHER GENERAL PROVISIONS
RULE 1. Declaration of Policy - It is hereby declared the policy of the State:

(a) 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;

(b) To support and commit to the development, application and utilization of science and technology (S& T) that will foster patriotism and nationalism and accelerate social progress, such as, the development of space technology and applications for its security and for the benefit of its citizens;

(c) To ensure access to space and its environs as a sovereign right in the promotion of national security towards the attainment and protection of national interest;

(d) To recognize that there is an urgent need to create a coherent and unified strategy for space development and utilization to keep up with other nations in terms of space S&T;

(e) To ensure that the Philippines has official representation in the international space community for establishing cooperation agreements and linkages on space development, as well as to contribute in the development of international frameworks, norms, policies and regimes in the peaceful uses of outer space; and

(f) To ensure that the Philippines abides by the various international space treaties and principles promulgated by the United Nations and is an active participant in the international space community, including international rules and procedures concerning the Outer Space Treaty and Liability Convention, among others.

RULE 2. Definition of Terms -As used in this IRR, the following terms shall mean:

(a) Collaborating Institution refers to a government agency or academic institution that performs specific functions of PhilSA during the transition period.

(b) National Space Development and Utilization Policy (NSDUP) refers to the strategic roadmap for national space development commissioned by the Philippine Council for Industry, Energy and Emerging Technology Research and Development of the Department of Science and Technology (DOST-PCIEERD), which will serve as a guide for the Philippine Space Development and Utilization Policy also known as the Philippine Space Policy.

(c) PhilSA refers to the Philippine Space Agency created by virtue of the Philippine Space Act.

(d) Satellites include all objects launched into earth orbit and artificial objects to be placed in orbit of celestial bodies for the conduct of space exploration and other applications.

(e) Space Economy refers to the broad range of activities in the development, management, utilization, and exploitation of space and space-enabled capabilities, facilities, systems, information, and services.

(f) Space Industry collectively refers to companies and organizations engaged in commercial or economic activity relating to the design, manufacture or production, and sale of space systems and their components. The space industry is part of the larger space economy.

(g) Space Science and Technology Applications (SSTA) refer to the scientific principles and their applications to space science, engineering, and other allied fields.

(h) Space Systems are vehicles and infrastructures working together to perform a task in the space environment.

(i) Transition Period refers to the period allotted for the smooth turnover and capacity building of PhilSA, which shall not exceed five (5) years from the effectivity of this Implementing Rules and Regulations (IRR).

CHAPTER II
PHILIPPINE SPACE POLICY AND FRAMEWORK
RULE 3. 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 incorporating the following principles:

a. It will embody the country's central goal of becoming a space-capable and space-faring nation within the next decade;

b. It shall focus on areas of SSTA that would address national issues;

c. It shall promote the efficient utilization of space assets and resources;

d. It shall establish capacity-building measures for human resources development;

e. It shall strengthen national defense; and

f. It shall enhance international cooperation.

RULE 4. To fully operationalize the principles and framework embodied in the Philippine Space Policy, PhilSA shall craft the national space program. The Philippine Development Plan issued by the National Economic Development Authority (NEDA) and the NSDUP of DOST-PCIEERD, among others, will be used as guides for the national space program.
RULE 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:

(a) National Security and Development - The Philippines will focus on space applications that can preserve and enhance the country's national security and promote development that is beneficial to all Filipinos;

(b) Hazard Management and Climate Studies - The Philippines will develop and utilize SSTA to enhance its hazard management and disaster mitigation strategy as well as ensure the nation's resiliency to climate change;

(c) Space Research and Development - To spur rapid scientific growth, the Philippines will focus on conducting research and development (R&D) endeavors in vital areas of space science, technology, and allied fields;

(d) Space Industry Capacity Building - The Philippines will create a robust and thriving space industry to support the country's space program through private sector involvement and cooperation;

(e) Space Education and Awareness - The Philippines aims to establish a sustainable pool of trained space scientists, engineers, communicators, and other relevant experts that will be critical for the country's future space program and increasing public awareness on its value and benefits; and

(f) International Cooperation - Through international partnerships and collaborations, the Philippines will become a key player in the Association of Southeast Asian Nations (ASEAN), regional, and global space community by providing significant contributions and capabilities on SSTAs.

RULE 6. During the transition period, the members of the Philippine Space Council as described in Section 13 of the Philippine Space Act and in Chapter V of this IRR, their attached agencies, and other agencies as may be identified by PhilSA as Collaborating Institutions, shall assist in the fulfilment of PhilSA's KDAs.
CHAPTER III
CREATION, MANDATE, POWERS AND FUNCTIONS OF THE PHILIPPINE SPACE AGENCY (PhilSA)
I. Policy, Planning and Coordination

(a) Assist the State in the creation, development, and implementation of national and international space policies. Toward this end, PhilSA shall ensure proper coordination with relevant government agencies and institutions on the adoption and/or implementation of various international space treaties and principles promulgated by the United Nations, including international rules and procedures concerning the Outer Space Treaty and Liability Convention, among others;

(b) Plan, implement, direct, and manage programs and projects relating to scientific space R&D and the application of space technology;

(c) Take hold of money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of any such money, securities or property subject to the terms, if any, on which the gift or bequest was made in such manner as shall best promote the PhilSA's objectives;

(d) Implement the Philippine Space Policy in line with a coherent and unified strategy for space development;

(e) Coordinate all space activities of various sectors and stakeholders in the Philippines, in accordance with existing laws; and

(f) Provide appropriate and accurate advice to the President of the Philippines and other government agencies on space-related issues and concerns.

II. Improved Public Access and Resource-Sharing

(a) Develop, construct, acquire, manage, maintain, and operate space research, development, and operation facilities and systems on behalf of the Philippine Government for use of various government agencies and other stakeholders; and

(b) Assist departments and other agencies of the State, as well as the private sector, in the utilization of SSTA and data/information to aid in the performance of their respective mandates and duties. Toward this end, PhilSA shall formulate and implement data management policies among institutions including open data sharing protocols, taking into account relevant privacy, security, and technical classification requirements.

These policies will promote and harmonize spaceborne information, knowledge, and capability-sharing, database-building, and network linkages.

III. Research and Development (R & D)

(a) Perform basic and applied R&D relating to SSTA in collaboration with universities, industries, and other institutions in accordance with the agreed terms of cooperation;

(b) Design, develop, and construct space systems and facilities necessary thereof, as well as build, launch, track, and operate satellites on behalf of the Philippine Government; and

(c) Promote the growth of space S&T through R&D.

IV. Education and Capacity Building

(a) Establish programs that would develop space education and promote public awareness;

(b) Provide grants and contributions in support of programs or projects relating to scientific or industrial space R&D and application of space technology;

(c) Provide services and facilities for the use by entities conducting academic R&D relating to SSTA;

(d) Promote equal opportunity and gender equality in space activities through capacity-building and science, technology, engineering, and mathematics (STEM) education; and

(e) During the transition period, funds appropriated to PhilSA for scholarships for baccalaureate and graduate degree programs in SSTA may be administered by the Science Education Institute of the Department of Science and Technology (DOST-SEI) and other institutions with similar scholarship programs.

V. Industry Development

(a) Promote the development of a robust and vibrant local space industry and economy;

(b) Promote the transfer and diffusion of space technology throughout the Philippine industry;

(c) Encourage the commercial exploitation of space capabilities, technology, information, facilities, and systems;

(d) License, sell, or otherwise make available any patent, copyright, industrial design, trademark, trade secret or other like property controlled;

(e) Disseminate the result of R&D activities and promote the utilization thereof, except when information is deemed confidential for national welfare and security and for the protection of intellectual property rights; and

(f) Encourage the responsible use of SSTAs to promote sustainable development.

VI. International Cooperation

(a) Cooperate with space-related agencies of other countries and international space organizations in the peaceful use and development of space;

(b) 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. Likewise, furnish the United Nations Office for Outer Space Affairs with information contained in the National Registry of Space Objects as required under the Registration Convention;

(c) Enter into contracts, treaties, memorandum of understanding/agreement or other arrangements on behalf of the State, in consultation and coordination with the Department of Foreign Affairs and/or other concerned agencies which include bilateral, regional, and multilateral agreements and other forms of international cooperation to promote the development of Philippine SSTAs, foster the development of relevant and appropriate space capabilities, and facilitate the exchange of expertise and technology on a mutually acceptable basis;

(d) Establish and maintain linkages with other national space agencies and organizations; and

(e) Represent the Philippines in the United Nations Committee on the Peaceful Use of Outer Space and other similar space-related forums, assemblies, and organizations, ensuring that the Philippines is an active participant and contributor in the international space community.

CHAPTER IV
THE COMPOSITION OF PHILSA, THE DIRECTOR GENERAL, THE DEPUTY DIRECTORS GENERAL, AND THEIR QUALIFICATIONS
RULE 10. 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, Offices of the Deputy Directors General, and various divisions to be created as deemed necessary.
RULE 11. Director General of PhilSA - The Director General shall have the rank and compensation of a Cabinet Secretary and shall be appointed by the President, subject to confirmation by the Commission on Appointments. The Director General shall have the following functions:

(a) Provide executive direction and supervision over the entire operations of the PhilSA and its attached units;

(b) Establish policies and standards for the effective, efficient, and economical operation of the PhilSA, in accordance with the programs of the government;

(c) Review and approve requests for financial and manpower resources of all operating offices of the PhilSA;

(d) Designate and appoint officers and employees of the PhilSA, excluding the Deputy Directors General, in accordance with the civil service laws, rules, and regulations;

(e) Exercise disciplinary powers over officers and employees of the PhilSA in accordance with existing Civil Service rules and applicable laws, including their investigation and the designation of a committee or officer to conduct such investigation;

(f) Coordinate with other departments, agencies, and public and private interest groups, including non-government organizations (NGOs) and people's organizations (POs) on PhilSA policies and initiatives;

(g) Prepare and submit to the President through the Department of Budget and Management (DBM) an estimate of the necessary expenditures during the next fiscal year, on the basis of the reports and estimates submitted by the divisions and offices under him/her;

(h) Serve as a member of the Government Procurement Policy Board (GPPB) as established by Republic Act No. 9184;

(i) Serve as the Presidential Advisor on Space Matters and advise the President on the promulgation of executive and administrative orders and formulation of regulatory and legislative proposals on matters pertaining to SSTA development;

(j) Serve as Head Secretariat to the Philippine Space Council together with the support staff of the PhilSA;

(k) Administer all PhilSA funds, such as but not limited to the General Annual Appropriation (GAA) and the Philippine Space Development Fund, in accordance with existing government budgeting, accounting, and auditing rules and regulations;

(l) Formulate such rules and regulations and exercise such other powers as may be required to implement the objectives of the Philippine Space Act; and

(m) Perform such other tasks as may be provided by law or assigned by the President.

RULE 12. 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.
RULE 13. 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 from a reputable academic institution, 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 industry, or human capital development in the SSTA sector. An advanced degree shall mean at least a Master of Science or a Master of Engineering degree.
CHAPTER V
THE PHILIPPINE SPACE COUNCIL
RULE 14. Philippine Space Council- The Philippine Space Council (PSC) shall serve as the principal advisory body for the coordination and integration of policies, programs, and resources affecting space S&T applications.
RULE 15. Composition of the Philippine Space Council
Chairperson President of the Philippines
Vice Chairperson

Secretary of Science and Technology

Secretary of National Defense

Members

- Chair of Senate Committee on Science and Technology

- Chair of House Committee on Science and Technology

- Director General of the National Economic and Development Authority

- Secretary of Finance

- Secretary of Foreign Affairs

- Secretary of Agriculture

- Secretary of Environment and Natural Resources

- Secretary of Trade and Industry

- Secretary of Information and Communications Technology

RULE 16. Functions of the PSC- The PSC shall have the following functions:

(1) Recommend and approve the implementation of Philippine space policies in accordance with international conventions;

(2) Ensure appropriate allocation of resources in support to the mandates of the PhilSA; and

(3) Approve strategic directions and decisions for the implementation of the PhilSA.

RULE 17. Secretariat to the PSC - The Director General of the PhilSA shall serve as Head Secretariat to the PSC together with the support staff of the PhilSA.
CHAPTER VI
CAPACITY BUILDING AND TRANSFER OF SPACE RELATED FUNCTIONS
RULE 18. During the transition period, PhilSA shall identify and engage Collaborating Institutions, and shall spearhead programs and activities to ensure smooth turnover and effective capacity building during the transition period.
RULE 19. As a Collaborating Institution, DOST-SEI shall transfer its Philippines Space Science Education Program to PhilSA.
RULE 20. The transfer to PhilSA of funds, functions, assets, equipment, properties, transactions, personnel of the affected Collaborating institutions, among others, shall be completed within the transition period.
RULE 21. Subject to Civil Service Rules and Regulations, PhilSA may deploy its personnel to its Collaborating Institutions during the transition period to undertake the necessary transactions and training that will facilitate and expedite the transfer of relevant capabilities, functions, assets, equipment, properties, etc. from said institutions to the PhilSA.

PhilSA shall undertake formal agreements with Collaborating Institutions that will cover joint supervision and management, outputs and deliverables, and other necessary work arrangements in line with the deployment of personnel.

Regardless of the maximum five-year period, PhilSA will ensure that the deployment of its personnel for the purpose of transition will not continue longer than necessary.

RULE 22. The filling up of positions in PhilSA shall be subject to the provisions of Republic Act No. 6656, or the Security of Tenure of the Personnel.
RULE 23. Nothing in the Philippine Space Act and this IRR shall diminish the functions and responsibilities of the support agencies.
CHAPTER VII
SEPARATION AND RETIREMENT FROM SERVICE OF EMPLOYEES BY REASON OF RA 11363
RULE 24. Separation and Retirement from Services- Employees who are separated from service within six (6) months from the effectivity of the Philippine Space Act as a result of consolidation and/or reorganization under the provisions of said 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.
CHAPTER VIII
STRUCTURE AND STAFFING PATTERN OF PHILSA
RULE 25. 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.
CHAPTER IX
OFFICIAL SITE OF THE PHILSA
RULE 26. 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. The transfer of the use and possession of the allocated property to PhilSA shall be through modes allowed under existing laws and shall be based on the terms and conditions agreed upon by the parties and in accordance with existing laws, rules, and regulations. Provided further, that PhilSA shall establish additional offices, research facilities, and launch strategic areas as it may deem necessary. Provided finally, that the boundaries and technical descriptions of the parcel of land shall be determined by an actual and joint survey conducted and approved by both BCDA and PhilSA.
CHAPTER X
ENTITLEMENT TO MAGNA CARTA BENEFITS OF PHILSA EMPLOYEES
RULE 27. 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", and Republic Act No. 11312, the Expanded Magna Carta law.
CHAPTER XI
ANNUAL REPORT OF THE PHILSA
RULE 28. 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 the Philippine Space Act, a report giving a detailed account of the status of the implementation of the said Act and recommend legislation where applicable and necessary. PhilSA shall also submit other reports as may be required under applicable laws, rules, and regulations.
CHAPTER XII
FUNDS AND USE OF INCOME OF THE PHILSA AND THE PHILIPPINE SPACE DEVELOPMENT FUND
RULE 29. Funds of the PhilSA - The funds of the PhilSA shall consist of:

(a) The annual General Appropriation for the PhilSA; and

(b) Income, fees, royalties, and other revenues obtained from other sources.

The sum of One billion pesos (P1,000,000,000.00) is 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.

The funds shall be administered by PhilSA Director General in accordance with existing government budgeting, accounting, and auditing rules and regulations. In supporting and committing to the development, application, and utilization of S&T, PhilSA shall endeavor that at least one-sixth of its funds will be allocated or used for Space Research and Development and Space Education and Awareness, which are two (2) of the six (6) KDAs of the Philippine Space Policy.

RULE 30. 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 fulfil its assigned responsibilities under the Philippine Space Act.

(a) 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.

(b) 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.

RULE 31. Philippine Space Development Fund- There is hereby created the Philippine Space Development Fund (PSDF) to be used exclusively for the PhilSA. The PSDF shall be administered by the Director General of the PhilSA in accordance with existing government budgeting, accounting, and auditing rules and regulations. The PSDF shall be sourced from the following :

(a) The amount of Ten billion pesos (P10,000,000,000.00) to be taken from the share of the National Government in the gross income of the Philippine Amusement and Gaming Corporation (PAGCOR)1 and BCDA 2 for five (5) years after the effectivity of the Philippine Space Act. For this purpose, an amount of Two billion Pesos (P2,000,000,000.00) per year shall be deposited to the Bureau of the Treasury (BTr) by PAGCOR and BCDA and released to PhilSA in accordance with the prescribed budgetary process. The entire amount of Ten Billion pesos (P10,000,000,000.00), including any interest income thereon shall be used exclusively for capital outlay. This shall be a Special Account in the General Fund (SAGF);

(b) Income from specialized products, services, and royalties produced by the PhilSA, to be treated as trust receipts and administered in accordance with applicable rules and regulations; and

(c) Loans, contributions, grants, bequests, gifts, and donations whether from local or foreign sources: Provided, That acceptance of grants, bequests, contributions, and donations from foreign governments shall be subject to the approval of the President upon the recommendation of the Director General of the PhilSA through the PSC.


1 The share of National Government in the gross income of the PAGCOR is stipulated in P.D. 1869, Consolidating and Amending Presidential Decree Nos. 1067-A, 1067-B, 1067-C, 1399 and 1632, Relative to the Franchise and Powers of the Philippine Amusement And Gaming Corporation (PAGCOR).

2 The share of National Government on income of BCDA is governed by RA 7656 entitled "An Act Requiring Government-Owned Or Controlled Corporations to Declare Dividends Under Certain Conditions to the National Government, and for other purposes."

CHAPTER XIII
NATIONAL REGISTRY OF SPACE OBJECTS AND LIABILITY OF PHILIPPINES FOR NATIONAL SPACE OBJECTS
RULE 32. 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 Nations Office for Outer Space Affairs with information contained in the National Registry of Space Objects as required under the Registration Convention and shall regularly advise the PSC of the same.
RULE 33. Liability of the Philippines for the 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.
FINAL PROVISIONS
RULE 34. Separability Clause - If any part or provisions of this IRR is declared to be invalid or unconstitutional, the other parts or provisions not affected shall remain in full force and effect.
RULE 35. Repealing Clause - All issuances, rules, and regulations or parts thereof inconsistent with the provisions of this IRR are hereby repealed or modified accordingly.
RULE 36. Effectivity Clause - This IRR shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a national newspaper of general circulation.
Approved:
(Sgd) JOEL JOSEPH S. MARCIANO, JR.
Director General
Philippine Space Agency
Published in the Philippine Star on March 25, 2021
Copy deposited with the Philippine Law Center on April 19, 2021
Effectivity: May 4, 2021