Philippine Space Act

REPUBLIC ACT NO. 11363

AN ACT ESTABLISHING THE PHILIPPINE SPACE DEVELOPMENT AND UTILIZATION POLICY AND CREATING THE PHILIPPINE SPACE AGENCY, AND FOR OTHER PURPOSES

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:

(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...

Summary of Republic Act No. 11363 (Philippine Space Act):

Declaration of Policy (Section 2):
- Safeguard Philippine sovereignty, territorial integrity, and right to self-determination.
- Support development and utilization of space science and technology for national security and social progress.
- Ensure access to space as a sovereign right.
- Recognize the need for a unified strategy for space development.
- Ensure representation in the international space community.
- Abide by international space treaties and principles.

Definition of Terms (Section 3):
- PhilSA: Philippine Space Agency
- Space Science and Technology Applications (SSTAs): principles and applications related to space science, engineering, and allied fields.
- Satellites: objects launched into Earth orbit or orbit of celestial bodies.

Philippine Space Development and Utilization Policy (Section 4):
- Serve as the country's strategic roadmap for space development.
- Aim to become a space-capable and space-faring nation within the next decade.
- Focus on areas of SSTA to address national issues, promote efficient utilization of space assets, establish capacity-building measures, strengthen national defense, and enhance international cooperation.

Framework of the Space Policy (Section 5):
- Focus on six 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
6. International Cooperation

Creation of the Philippine Space Agency (PhilSA) (Section 6):
- Established as the central government agency addressing national issues and activities related to space S&T applications.

Mandate of PhilSA (Section 7):
- Primary policy, planning, coordinating, implementing, and administrative entity for the national space program.

Powers and Functions of PhilSA (Section 8):
- Policy, Planning and Coordination
- Improved Public Access and Resource-Sharing
- Research and Development (R&D)
- Education and Capacity Building
- Industry Development
- International Cooperation

Composition of PhilSA (Section 9):
- Attached agency of the Office of the President.
- Headed by a Director General with the rank and compensation of a Cabinet Secretary.
- Composed of the Office of the Director General, Offices of the Deputy Director General, and various divisions.

Director General of PhilSA (Section 10):
- Appointed by the President, subject to confirmation by the Commission on Appointments.
- Provide executive direction and supervision over PhilSA operations.
- Establish policies and standards for effective, efficient, and economical operation.
- Serve as the Presidential Adviser on Space Matters.

Deputy Director General (Section 11):
- Three Deputy Directors General with the rank and compensation of a Department Undersecretary.
- Two of the Deputy Directors General shall be career executive officers.

Qualifications (Section 12):
- Citizen and resident of the Philippines.
- Good moral character and proven integrity.
- Advanced degree in Space Science, Astronomy, Physics, Engineering or related fields.
- At least five years of competence and expertise in relevant fields.

Philippine Space Council (PSC) (Section 13):
- Principal advisory body for coordination and integration of policies, programs, and resources affecting space S&T applications.
- Chaired by the President of the Philippines.
- Composed of various Cabinet Secretaries and Congressional Committee Chairs.

Transfer of Astronomical and Space-Related Functions (Section 14):
- Philippines Space Science Education Program of DOST-SEI shall be transferred to PhilSA.
- Transfer of funds, functions, assets, equipment, properties, transactions, and personnel from affected agencies to PhilSA.

Separation and Retirement from Service (Section 15):
- Employees separated within six months due to consolidation/reorganization shall receive separation benefits.
- Qualified employees shall be allowed to retire and receive retirement benefits.

Structure and Staffing Pattern (Section 16):
- PhilSA shall determine its organizational structure and create new divisions or units as necessary.
- Appoint officers and employees in accordance with civil service laws.

Official Site of PhilSA (Section 17):
- At least 30 hectares of land within the Clark Special Economic Zone shall be allocated for PhilSA office and research facilities.
- PhilSA may establish additional offices, research facilities, and launch sites in strategic areas.

Magna Carta (Section 18):
- Qualified employees of PhilSA and attached units shall be covered by the Magna Carta for Scientists, Engineers, Researchers and Other Science and Technology Personnel in the Government.

Annual Report (Section 19):
- PhilSA shall submit an annual report to the President and Congress by March 30th of every year.

Funds of PhilSA (Section 20):
- Annual General Appropriation for PhilSA.
- Income, fees, royalties, and other revenues from any other sources.

Use of Income (Section 21):
- 75% of income shall be retained for upgrading equipment and facilities.
- 25% of income shall be remitted to the National Treasury.
- PhilSA may solicit, receive, and retain donations, bequests, and grants.

Philippine Space Development Fund (Section 22):
- Created to be used exclusively for PhilSA.
- Sourced from:
1. P10 billion from PAGCOR and BCDA over five years (P2 billion per year) for capital outlay.
2. Income from specialized products, services, and royalties.
3. Loans, contributions, grants, bequests, gifts, and donations.

National Registry of Space Objects (Section 23):
- PhilSA shall maintain a National Registry of Space Objects launched under the responsibility of the Philippines.
- Furnish the United Nations Office for Outer Space Affairs with information from the registry.

Liability of the Philippines for National Space Objects (Section 24):
- The Philippine Government shall take responsibility for damages caused by space objects registered in the Philippines' National Registry of Space Objects.
- Effective upon ratification of the Liability Convention and Registration Convention.

Appropriations (Section 25):
- P1 billion is appropriated as initial operating fund of PhilSA, taken from the current fiscal year's appropriation of the Office of the President.
- Subsequent funding shall be included in the General Appropriations Act.

Implementing Rules and Regulations (Section 26):
- PhilSA shall promulgate the necessary rules and regulations for effective implementation within 90 days from the effectivity of this Act.

Separability Clause (Section 27):
- If any provision is declared unconstitutional, the other provisions shall remain valid.

Repealing Clause (Section 28):
- All laws, decrees, orders, rules, and regulations inconsistent with this Act are repealed or modified accordingly.

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