Presidential Decree No. 819 (PD 819) — Declaring a Balik-Scientist Program, Allowing Any Foreign-Based Scientist, Professional, Technician, or Any Person with Special Skill or Expertise Who Is of Filipino Origin or Descent to Practice His/Her Profession or Expertise in the Philippines and Aligning Incentives for Him/Her and for Other Purposes.
WHEREAS, Letter of Instructions No. 210 dated August 20,
1974 extending the Balikbayan Program to another period beginning
September 1, 1975 to February 29, 1976, and has especially emphasized
"our duty to encourage overseas Filipino scientists and technicians to
come home and apply their knowledge to the development programs of the
country...";
WHEREAS, Presidential Decree No. 541 allows erstwhile
Filipino professionals to practice their professions in the Philippines
under certain conditions but did not specify Filipino professionals who
passed licensure examinations given by their host country;
WHEREAS, Presidential Decree No. 659 amending Section 5(j)
of Presidential Decree No. 223 allows foreign nationals to practice
their professions in the Philippines, also under certain conditions, but
did not include those of Filipino origin and descent and their families
who may also qualify under the Balikbayan Program;
WHEREAS, Presidential Decree No. 439 as amended by
Presidential Decree No. 592 providing for tax holiday for overseas
Filipinos as contemplated in Letters of Instructions No. 105, 163 and
210 which would include Balik-Scientists, is co-terminous with the
Balikbayan program which will end on February 29, 1976;
WHEREAS, there is need of attracting foreign-based
scientists, professionals, or persons with special skill or expertise
who are of Filipino descent or origin to visit the Philippines in order
for them to learn the truth about the New Philippines and contribute
their share in the building of a New Society;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution,
do hereby decree and order the following:
SECTION 1. Any foreign-based scientist, technician, or
professional, or any person with special skill or expertise who is a
Filipino or of Filipino origin or descent and the members of his/her
family, who is licensed to practice his/her profession, special skill or
expertise in his/her host, adopted or native country, may practice
his/her profession, special skill or expertise while staying in the
Philippines either on a temporary or permanent bases upon approval by
the Secretary of Health: PROVIDED, That such foreign-based scientist,
technician or professional shall first register with the Professional
Regulation Commission regardless of whether or not, his special skill or
expertise falls within any of the regulated professions and vocations
in the Philippines and pay the required license fee for the practice of
his/her profession, skill or expertise in his country.
SEC. 2. All incentives, benefits and privileges now granted
to or being enjoyed by overseas homecoming Filipinos (Balikbayans) under
existing decrees or letters of instructions, are hereby granted to and
maybe availed of by professionals, scientists, or technicians referred
to in Section 1 hereof, for the duration of the Balik-Scientist program
which shall run for a period of five (5) years from the date of
effectivity of this decree.
SEC. 3. The Department of Tourism, the National Science
Development Board and the Professional Regulation Commission shall
coordinate their activities in this regard and, within thirty (30) days
from the promulgation of this Decree, jointly promulgate such rules and
regulations as maybe necessary to implement and carry out effectively
the purpose, spirit and objective of this Decree. Said Rules and
Regulations shall include such additional incentives, benefits and
privileges that maybe necessary to attract the individuals referred to
in Section 1 hereof, to come and help in the scientific and
technological advancement of the country.
SEC. 4. The Secretary of Tourism, in his capacity as
Chairman of the Civil Aeronautics Board, or his duly authorized
representative, is hereby authorized to negotiate with or secure from
any airline company non-revenue or discounted air passage tickets for
the use of any of the individuals covered by this Decree.
SEC. 5. All laws, decrees, orders, letters of instructions,
rules and regulations or parts thereof that are inconsistent with the
provisions of this Decree are hereby repealed, superseded, modified or
amended accordingly.
SEC. 6. This Decree shall take effect immediately.
Done in the City of Manila, this 24th day of October, in the year
of Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).