Republic Act No. 11363 or Philippine Space Act

An Act Establishing the Philippine Space Development and Utilization Policy and Creating the Philippine Space Agency, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled:

This Act shall be known as the "Philippine Space Act".

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; 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.

As used in this Act the following terms shall mean:

(a) PhilSA refers to the Philippine Space Agency created by virtue of this Act;

(b) Space Science and Technology Applications (SSTAs) refer to the scientific principles and their applications to space science, engineering and other allied fields; and

(c) 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.

The Philippine Space Development and Utilization Policy, or the Philippine Space Policy, will serve as the country's primary strategic roadmap for space development and will embody the country's central goal of becoming a space-capable and space-faring nation within the next decade. It shall focus on areas of SSTA that would address national issues, promote the efficient utilization of space assets and resources, establish capacity-building measures for human resources development, strengthen national defense, and enhance international cooperation.

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 space S&T applications 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 and communicators 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 Nation (ASEAN) and global space community by providing significant contributions and capabilities on space S&T applications.

A Philippine Space Agency, hereinafter referred to as the PhilSA, is hereby established as the central government agency addressing all national issues and activities related to space S&T applications.

The PhilSA shall 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.

The PhilSA shall exercise the following powers and functions:

I. Policy, Planning and Coordination

(a) Assist the State in the creation, development and implementation of national and international space policies;

(b) Plan, direct, manage and implement 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 Development and Utilization Policy;

(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.

III. Research and Development (R&D)

(a) Perform basic and applied R&D relating to SSTA in collaboration with universities, industries and other institutions;

(b) Design, develop and construct space systems and facilities necessary thereof, as well as launch, track and operate the 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; and

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

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; and

(e) Disseminate the results 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.

VI. International Cooperation

(a) Cooperate with space-related agencies of other countries 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;

(c) Enter into contracts, memoranda of understanding/agreement or other arrangements in behalf of the State, in consultation with the Department of Foreign Affairs and/or other concerned agencies;

(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.

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, the Offices of the Deputy Director General and various divisions to be created as deemed necessary.

The Director General shall have the rank and compensation of a Cabinet Secretary and shall be appointed by the President, subject to the 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, in accordance with the civil service laws, rules and regulations;

(e) Exercise disciplinary powers over officers and employees of the PhilSA in accordance with law, 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 nongovernment 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 Adviser 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) Formulate such rules and regulations and exercise such other powers as may be required to implement the objectives of this Act; and

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

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.

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, 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 space industry, or human capital development in the SSTA sector.

A Philippine Space Council (PSC) is hereby created as the principal advisory body for the coordination and integration of policies, programs and resources affecting space S&T applications.

(a) The PSC shall be composed of the following:

(1) President of the Philippines - Chairperson;

(2) Secretary of Science and Technology - Vice Chairperson;

(3) Secretary of National Defense - Vice Chairperson;

(4) Chair of Senate Committee on Science and Technology - Member;

(5) Chair of House Committee on Science and Technology - Member;

(6) Director General of the National Economic and Development Authority - Member;

(7) Secretary of Finance - Member;

(8) Secretary of Foreign Affairs - Member;

(9) Secretary of Agriculture - Member;

(10) Secretary of Environment and Natural Resources - Member;

(11) Secretary of Trade and Industry - Member; and

(12) Secretary of Information and Communications Technology - Member.

The President may designate the Executive Secretary to preside over the meetings of the PSC in the President's absence.

(b) 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.

Read the implementing rules, mandate, and powers and functions that carry out this law.