Pensionado Act

SenatE POlin of the currang TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 26 FEB 23 P2:33 First Regular Session SENATE S. No. 1888 Introduced by Senator MARK A. VILLAR CREATING AN ADVANCED STUDIES DEVELOPMENT PROGRAM FOR EXCEPTIONAL GOVERNMENT EMPLOYEES EXPLANATORY NOTE It is the mandate of the government to provide Filipino people with public service that is responsive, efficient, and continually-improving. Nowadays, various countries explore the growing interest among national governments to initiate scholarship programs which aim to provide their citizens with the opportunity to study abroad. While this is not a new concept in our country, a legislation that would support a government employee's studies abroad would result in an exceptional performance in work and would fuel his/her aspiration for national development. Under this bill, a "Pensionado" will receive assistance in the form of three years leave with pay, including allowances and other benefits; round-trip airfare and other expenses required for foreign travel; a clothing allowance; a monthly stipend' books/instructional materials/research allowance; and health, travel, and insurance benefits. This is a win-win situation for the Philippines as the country will develop a think tank, composed of first-rate specialists in various disciplines and areas of specializations, who shall continuously place their knowledge and skills at the service of the nation. In the long run, this will lead to an advanced economy, improved potential for innovation, and an expanded set of professional contacts that will help the country in developing partnerships, projects, and other opportunities abroad. The country will never be on the losing side if we invest in knowledge and skills. Hence, the passage of this bill is earnestly sought. MARK A. VILLAR

Santo Office of the totat TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB 23, P2:33/ SENATE RECEIVED BY: s. No. 1888 Introduced by Senator MARK A. VILLAR AN ACT CREATING AN ADVANCED STUDIES DEVELOPMENT PROGRAM FOR EXCEPTIONAL GOVERNMENT EMPLOYEES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This act shall be known as the "Pensionado Act".

Sec. 2. Declaration of Policy. - Human resource development is essential for

economic development and progress. In the pursuit of economic development and progress, the State shall give priority to the creation of a critical mass of professionals who shall take the lead in harnessing science, technology, and related disciplines towards accelerating the productivity in the country's human resource. Consonant with this trust, it is hereby declared a policy of the State to devise a 8 program for exceptionally able and highly motivated employees, preferably aged 30- 9 40, from the government to undertake advanced studies in a branch of science, technology, or related fields of learning on which depends the development and progress of the country. As such, it shall provide for fellowships to enable them to pursue advanced studies or research in their fields of expertise. The State shall develop a critical mass of specialists in various disciplines and areas of specializations vital to national development to form a collective national "think tank" who shall place continuously their knowledge and skills at the service of the nation.

Sec. 3. Definition of Terms. - For purposes of this Act, the following terms are

2 hereunder defined accordingly: (a) Post-graduate - refers to a formal degree course program of training/research requiring a student pursuing such program to have obtained a Bachelor's Degree for entry; (b) Advanced studies - refer to a post-graduate problem-oriented program of studies and/or research, not necessarily leading to a degree, undertaken for further specialization or advanced knowledge in a specific field of study, or to acquire specialized knowledge and/or skills in a particular area of science and technology; and, (c) Pensionado - refers to a Filipino citizen selected and supported by the Philippine government under this program to undertake advanced studies in selected institutions of higher learning or recognized research centers, in fields relevant to the officially-declared priority areas for development.

Sec. 4. Establishment of a Program. - There is shall be established under the

Commission on Higher Education (CHED), in coordination with non-government organizations (NGOs), and other government agencies, namely, the Department of Economy, Planning, and Development (DEPDev), the Department of Trade and Industry (DTI), and the Department of Science and Technology (DOST), a fellowship program to be called as the "Pensionado Program" for Filipinos employed in the government. The program shall pool together fellowships, scholarships, training grants sponsored or extended by foreign governments, international organizations, national agencies and other bodies, as well as by local agencies and organizations, whether public or private, intended for advanced studies in international centers of advanced learning, scholarship, and research.

Sec. 5. Establishment of National Secretariat; Functions and Composition. -

There shall be established a National Secretariat, hereafter referred to as the "Secretariat", with the following functions:

a.) Identify, and assist in negotiations with sponsors (foreign and local, public 2 and private) of fellowships, scholarships and grants; b.) Provide assistance to the selection panel in accomplishing its work; c.) Provide the Pensionados continuing assistance from the time of selection 5 thru the time of their return to the country, including assistance for the productive utilization of their newly-gained expertise; d.) Serve as the administrative arm of the government for the program; and e.) In general, promulgate and implement the policies and guidelines governing 9 the Program. The National Secretariat shall be headed by an Executive Officer with the rank of Assistant Secretary, to be appointed by the President of the Republic of the Philippines, upon the recommendation of CHED. Members of the Secretariat shall consist of representatives from CHED, DEPDev, DTI and DOST. These representatives shall be seconded to the Secretariat, subject to the relevant Civil Service laws, rules and regulations. Service rendered thereat shall be considered as part of their performance for promotions purposes.

Sec. 6. Numbers of Pensionados and Length of Grant. — There shall be twenty-

four (24) fellows annually - three (3) fellows for each priority discipline/industry field of the eight (8) vital disciplines or areas of specializations identified by the CHED in consultation with the DEPDev as frontiers or new areas essential for pushing the economic and social development thrusts of the country. The scholarship shall be for a period not exceeding three (3) years.

Sec. 7. Selection Process. - There shall be a Selection Panel under the

Secretariat consisting of three (3) university presidents and two (2) eminent members from the academe to be appointed by the CHED. They shall serve on a staggered basis for the purposes of continuity and consistency, each for a term of three (3) years. The Selection Panel shall make the final selection of the Pensionados from among the nominees. The integrity and objectives of the program are paramount considerations for the panel in making the selection.

Sec. 8. Qualifications. - In order to qualify for the Fellowship Program, the

2 applicant must be: a) A Filipino citizen; b) Employed in the Government; C) A college degree graduate, with honors; d) With proven exceptional performance in his/her present work; and e) Willing to sign a contract requiring him/her to return to his/her job in another capacity after training,-

Sec. 9. Place of Study. - The Pensionados shall be sent to a foreign country

10 well-known for its advanced stage in the particular discipline of the area of specialization. Training and education may be given by an academic institution, research and development (R&D) center, or a major industrial establishment with an R&D program. It may or may not lead to an advanced academic degree.

Sec. 10. Assistance to Grantees. - The Pensionado is entitled to the following

benefits: a) Up to three (3) years leave with pay, including allowances and other benefits; b) One economy round-trip airfare to and from the host country plus other travel expenses required for foreign travel; c) Clothing allowance to be determined by the Secretariat; d) Monthly stipend while on study abroad, of such amount to determined by the Secretariat; e) Books/Instructional Materials/Research allowance of such amount to be determined by the Secretariat; and, f) Health, travel, and insurance benefits of such amount to be determined by the Secretariat.

Sec. 11. Program Funding. - The cost of each fellowship grant shall be

shouldered by the National Government. With the transfer of all pertinent foreign and local grants for coordination under the Program, the government, through the 30 Program, may negotiate bilateral arrangements with hosts governments, host

1 universities, host research institutions, and host corporations to share at least 50% of 2 the total cost of items b,c,d,e, and f under Section 10 hereof. The National Government may also negotiate bilateral agreements with host 4 governments, host universities, research institutions, and corporations to enable our 5 scholars to stay abroad and continue their studies or training at a minimal cost to the National Government. A sharing program can be established where the host government, host universities, research institutions, and corporations can shoulder the 8 expenses of the scholars while abroad.

Sec. 12. Service Obligation. - Immediately upon completion of the studies or

10 training, a fellow shall be required to return to their job or in another capacity approved by the Secretariat and serve on a full-time basis for a minimum period equivalent to twice the period covered by the fellowship grant. In addition, the scholar shall be required to hold seminars or training sessions for employees from the government and the private sectors on topics related to the course or training he has completed. Any recipient of the program who has not completed his course shall reimburse the fellowship grant received or render service to the sponsoring agency or company for a period equivalent to the period covered by the fellowship grant. Any Pensionado who violates the service obligation imposed under this section shall reimburse the sponsoring agency or company and the National Government of the Fund Assistance received under this Act in full or in part as the case may be.

Sec. 13. Mechanism for Utilization of Returned Fellows. - There shall be

established and developed a National Network of Specialized Institutes for Advanced Studies in universities selected by CHED, in consultation with the DOST, and other appropriate agencies to be determined by the Secretariat to provide returned scholars an office, laboratory, library, and conference facilities for their continuing activities. The Institute shall also serve as a place for an Exchange Program and Collaborative Research among local and international scientists and scholars in priority areas of research and development.

Sec. 14. Appropriations. - The amount needed to initially implement the

provisions of this Act shall be charged against the appropriations of the current year

1 of the concerned departments and agencies. Thereafter, such sums, as may be necessary, for its continued implementation shall be included in the appropriation of 3 the concerned departments and agencies in the annual General Appropriations Act 4 (GAA).

Sec. 15. Transfer of other Fellowship, Scholarship, and Training Grants. - All

foreign and locally sponsored fellowship, scholarship and training grants will be transferred to the program for coordination. The pertinent rules and regulations of the 8 Civil Service Commission (CSC) shall apply for government employees who may be 9 affected by the transfer.

Sec. 16. Implementing Rules and Regulations. - Within ninety (90) days from

the approval of this Act, CHED, in coordination with DEPDev, DTI, DOST, and CSC, and upon consultation with the relevant stakeholders, shall promulgate the necessary rules and regulations for the effective implementation of the provisions thereof.

Sec. 10. Separability Clause. - If any section or provision of this Act shall be

declared unconstitutional or invalid, the other sections or the provisions not affected thereby shall remain in full force and effect.

Sec. 11. Repealing Clause. - All other laws, acts, presidential decrees,

executive orders, presidential proclamations, issuances, rules and regulations, or parts thereof which are contrary to or inconsistent with any of the provisions of this Act are 20 hereby repealed, amended, or modified accordingly.

Sec. 12. Effectivity. - This Act shall take effect after fifteen (15) days following

its publication in the Official Gazette or in a newspaper of general circulation. Approved,