Rules and Regulations Implementing Presidential Decree No. 819

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RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NO. 819

Pursuant to the provisions of Section (3) of Presidential Decree No. 819, the following rules and regulations governing the Balik-Scientist Program including the grant of additional incentives to Balik-Scientists are hereby promulgated:

SECTION 1.  Objectives. — The general objectives of the Balik-Scientist program shall be the following:

a.  To augment the research capability of private and public institutions and agencies engaged in research and development by attracting highly trained overseas Filipinos, as referred to in Section (3), to return and work in the Philippines; and

b.  To boost and strengthen the scientific and technological manpower of private and public institutions and agencies including the academic staff of educational institutions directly or indirectly engaged in the production of goods and services.

SECTION 2.  Phases of the Balik-Scientist Program. — The Balik-Scientist Program, hereinafter referred to as the "Program" is divided into two phases. Phase One shall cover an invitational period for two weeks. Phase Two shall cover the contracted return of trained overseas Filipinos, as referred to in Section (3).

SECTION 3.  Who May Apply. — Any foreign-based scientist, professional, technician or any person with special skill or expertise who is of Filipino origin or descent may apply as Balik-Scientist to avail of the privileges under the Program.

The National Science Development Board (NSDB) shall determine whether or not the profession, specialization or skill of applicants qualifies under the manpower requirement of the development priorities of the country.

SECTION 4.  Application. — Application letters shall be sent to the NSDB through the Philippine diplomatic or consular establishments abroad. They shall include a detailed curriculum vitae, a copy of the transcript of academic records and two passport photos, including the recommendation of the Philippine Consulate or Embassy or the NSDB Science Attaché at the place of application.

SECTION 5.  Number of slots Per Fiscal Year. — There shall be only sixteen (16) awardees under Phase Two and thirty two (32) awardees under Phase One per fiscal year. Forty (40) percent of the slots under Phase Two shall be reserved for agriculture. DHcEAa

SECTION 6.  Organization of the Program. — The Program shall be administered by a coordinating Staff composed of authorized representatives from the Department of Tourism (DOT), the National Science Development Board (NSDB) and the Association of Colleges in Agriculture in the Philippines (ACAP). The Coordinating Staff shall be assisted by authorized representatives from the Professional Regulation Commission (PRC), the Department of Health (DOH) and the Department of Foreign Affairs (DFA) in the implementation of the details of the Program. Authorized representatives from the following agencies shall serve as advisory pool to the Coordinating Staff: the Bureau of Customs, the Bureau of Internal Revenue and the Commission of Immigration and Deportation. The Coordinating Staff shall be provided administrative, technical and other services by a Secretariat.

SECTION 7.  Functions of Administering, Assisting and Advisory Agencies. — The administering, assisting and advisory agencies shall perform the following functions and such other related assistance as may be necessary in the implementation of the Program:

ADMINISTERING AGENCIES:

a.  NSDB — It shall provide overall management of the Program including fiscal administration and the composition of the Secretariat.

b.  DOT — It shall provide promotional, reception and travel arrangements and services.

c.  ACAP — It shall provide necessary services allowed under these rules and regulations for all returnees under agriculture.

ASSISTING AGENCIES:

a.  PRC — It shall authorize any Program awardee to practice his/her profession, skill or expertise in the Philippines, provided that he/she registers with the Commission and pays the required fee.

b.  DOH — It shall examine the medical certificates of all applicants under Phase II regardless of professions, expertise or skills; provided that all applicants whose professions, expertise or skills fall under medical and para-medical fields shall be approved by this Department. STaIHc

c.  DFA — It shall provide its services and facilities in the promotion of the Program and such other related assistance.

ADVISORY AGENCIES:

The advisory agencies mentioned above shall provide the Program with technical and other related assistance within their respective spheres of authority.

SECTION 8.  Incentives. — The following incentives shall be given to Program awardees:

a.  Phase One —

1)  Tax-exempt remunerations, stipends and/or allowances as enumerated hereunder:

(a)  Allowance of P150/day for two weeks.

(b)  Transportation allowance in the Philippines for two-weeks.

(c)  Round trip air fares

2)  Authority from the Program to give consultancy services to requesting agencies and/or firms.

b.  Phase Two —

1)  Tax exempt remunerations, stipends and/or allowances as enumerated hereunder:

(a)  Free one-way air passage fares including the spouse and two direct dependents.

(b)  Freight expenses for the shipment of personal and household effects not to exceed P10,000 per family.

(c)  Relocation allowance in the Philippines not to exceed P2,000 per family.

(d)  A reimbursable amount of P2,000 per returnee for the purchase of professional books and equipment within one year of his arrival. SDECAI

e)  Duty free and tax free entry of one used motor vehicle which the returnee owns, and registered in his name, at the time of the approval of his application, provided that the motor vehicle has a displacement of not more than 2,000 cc; provided that in case of transfer of the motor to any non-exempt individual or firm, whether for a consideration or otherwise, the transferee shall pay the customs duties and taxes due thereon.

2)  License to practice his/her profession, expertise or skill in the Philippines subject to the provisions of Section (7) above.

3)  Support for research projects approved by the NSDB or the Philippine Council for Agricultural Research (PCAR).

4)  Travel exit permit once a year to renew his/her residence status abroad or for emergency purpose.

5)  Tax credits for foreign income taxes paid provided the corresponding income is declared in the Philippines.

In addition to the above, each awardee shall be entitled to the Balikbayan privileges and benefits under existing Presidential Decrees and Letters of Instruction not otherwise covered by these rules and regulations.

SECTION 9.  Conditions. — Phase I Program awardees must submit to the NSDB written evaluation report of their observations on areas related to their specialization or interest upon arrival in their places of domicile. If they intend to return to the Philippines, they are also requested to state possible employer. Phase II awardees who hold doctoral or masteral degrees must submit within six (6) months upon arrival in the Philippines a research proposal to the NSDB or PCAR.

SECTION 10.  Transitory Provisions. — All Program awardees who arrived prior to the promulgation of these rules and regulations shall enjoy the benefits and incentives provided under the interim Operating Guidelines including those being now authorized under these rules and regulations; provided that any limitation mentioned in these rules and regulations shall not apply to any property already brought in the Philippines by Program awardees prior to the promulgation hereof.

SECTION 11.  Operating Expenses. — The Program shall have the following financial resources:

a.  The sum of seven hundred thousand pesos (P700,000) shall be appropriated out of the General Fund of the NSDB, and

b.  The sum of three hundred thousand pesos (P300,000) shall be appropriated by the Department of Tourism. The appropriation from the Department of Tourism may also be in terms of the cost of arranged non-revenue tickets or discounted air passage fares.

SECTION 12.  Effectivity. — These rules and regulations shall take effect immediately.

For the Chairman:

(SGD.) PEDRO G. AFABLEVice-Chairman & Executive DirectorNational Science Development Board

(SGD.) JOSE D. ASPIRASSecretaryDepartment of Tourism

(SGD.) ERIC C. NUBLACommissionerProfessional Regulation Commission