Republic Act No. 12290

- This Act shall be known as the "Virology and Vaccine Institute of the Philippines (VIP) Act".

- It is the policy of the State to protect and promote the right of the people to health, and instill health consciousness among them. The State also recognizes that science and technology are essential for national development and progress.

To this end, the State shall adopt a One Health approach, recognizing the interconnectedness of humans, animals, plants, and their shared environment. The State shall formulate and implement policies to address One Health issues, prioritizing research and development, promoting innovations in both technology and services, ensuring the quality and adequacy of human resources, strengthening biosafety standards, and promoting the use and appropriate utilization of safe and indigenous practices.

In this regard, the State shall prioritize the establishment of an institute to lead in-depth studies on pathogens and potential disease-causing agents affecting people, plants, animals, and the environment. This institute shall provide the scientific basis for the diagnosis, treatment, and prevention of diseases, as well as the development of policy recommendations. It shall conduct research and development on disease-causing pathogens including diagnostics, therapeutics, and vaccines.

- This Act seeks to establish a Virology and Vaccine Institute that shall focus on research and development to address pathogens and potential disease-causing agents affecting plants, animals, and humans. Its mandate shall include, but not limited to, the following:

- As used in this Act:

- The Virology and Vaccine Institute of the Philippines (VIP) is hereby created and shall be an attached agency of the Department of Science and Technology (DOST) for purposes of policy and program coordination to ensure alignment in national policies and priorities.

The VIP shall serve as the lead convener for research and development in the field of virology, encompassing all kinds of viruses and other pathogens in plants, animals, and humans. It shall be a venue for scientists, researchers, government agencies, research institutes, and other organizations in the Philippines and abroad to work collaboratively in studying viruses and other pathogens of agricultural, industrial, clinical, and environmental importance.

- To accomplish its mandate, the VIP shall have the following powers, functions, and duties:

- The VIP shall be headed by a Director and assisted by two (2) Deputy Directors: one (1) for Research and Development, and one (1) for Support, Policy, and Linkages.

The Deputy Director for Research and Development shall oversee the operations of the Virus Research, Diagnostics and Therapeutics Research, Vaccines Research, and Technical Services and Training for Virology.

The Deputy Director for Support, Policy, and Linkages shall oversee the operations of the Policy, Planning, Linkages, and Finance and Administration.

Upon the recommendation of the VIP Board, as provided in Section 8 of this Act, the President of the Philippines shall appoint the Director who must possess a bachelor's degree in the field of microbiology or biology, doctorate degree in virology or other related specialization, and at least five (5) years experience in the field of virology. The Director shall have the rank of Director IV, Salary Grade (SG) 28 , and shall exercise overall responsibility over the activities of the VIP. The Director shall report the results of research and development studies to the VIP Board.

The Deputy Directors shall have a rank of Director III, SG 27. The Deputy Director for Research and Development must possess a bachelor's degree in the field of microbiology or biology, at least a master's degree in virology or other related specialization, and at least three (3) years of experience in the field of virology; while the Deputy Director for Support, Policy, and Linkages must possess at least a master's degree and at least three (3) years of experience relevant to the position.

The VIP Board- There is hereby created a VIP Board that shall be the policymaking body of the scientific and technological activities of the VIP. The VIP Board shall be chaired by the Secretary of the DOST and co-chaired by the Secretary of the Department of Health (DOH) and the Secretary of the Department of Agriculture (DA). The members shall be composed of the following:

The Chairperson of the VIP Board shall have voting rights in case of a tie.

- There is hereby created a Secretariat to support the VIP in carrying out its functions. The VIP Board shall provide for the institutional setup, qualifications, and compensation of employees composing the Secretariat, in accordance with existing laws, rules, and regulations.

- Subject to the approval of the Department of Budget and Management (DBM), the VIP shall determine its organizational structure, create divisions or units as it may deem necessary, and appoint its officers and employees, in accordance with existing Civil Service Commission (CSC) laws, rules, and regulations.

The VIP shall have technical and administrative support staff and consultants. The consultants may come from the public and the private sectors on a consultancy or contractual basis.

- The VIP shall collaborate with the DOH, RITM, FDA, DA, DENR, DFA, CHED, UP-NIH, Department of Finance, and other relevant government agencies, in accessing and mobilizing available information, reports, technical expertise, equipment, materials and supplies as may be required to implement this Act.

The RITM shall retain its current functions under the DOH and shall collaborate with the VIP. It shall continue to provide expertise in the detection and identification of emerging infectious diseases and laboratory support. In line with its current mandate and in close collaboration with the VIP, the RITM shall conduct research, surveillance, and diagnosis for newly identified pathogens to formulate effective strategies for the prevention and control of emerging diseases.

The scientific findings of the VIP, RITM, and other concerned agencies shall be integrated in the plans relating to disease control and prevention of the Inter-Agency Task Force on Emerging Infectious Diseases, as created by Executive Order No. 168, series of 2014, and the National Task Force to prevent the entry of animal-borne diseases, as created by Executive Order No. 105, series of 2020, or its successor body, for the management of public health emergencies relating to infectious diseases.

- The VIP may engage the services of Balik Scientists and foreign experts, who shall work together with local scientists and experts, following the terms of reference and compensation structure in accordance with Republic Act No. 11035 or the "Balik Scientist Act", and other existing laws.

- The VIP shall establish strategic partnerships with the world's leading scientists, virology centers and institutes, international organizations, and non-government organizations, and conduct innovative and pioneering research that will advance the frontiers of virology and vaccine research and development in the country. It may enter into a memorandum of agreement or understanding with international partners, including, but not limited to, the World Health Organization (WHO) and World Organization for Animal Health (WOAH), upon the approval of its VIP Board, and in compliance with existing laws, rules, regulations, and issuances of the DFA. The DFA shall provide legal and other forms of assistance related to international cooperation with the VIP.

- The VIP, in partnership with the DOH, RITM, DDA, Department of Trade and Industry (DTI), and other concerned agencies shall jointly develop an industry roadmap for products and services that can be created and improved by research from the VIP. This roadmap shall include an outline of how the research and development activities of the VIP will contribute to achieving vaccine self-reliance. As far as practicable, the industry roadmap shall include the use of local materials in the development of new products and services. The developed or established industry resulting from the VIP research shall be included in the national government's priority industries for incentives.

- The VIP, DTI, and Public-Private Partnership Center shall collaborate in seeking Public-Private Partnerships (PPPs) for the development of new industries, products, and services, including the clinical phase of vaccine production. The VIP may also request the assistance of other national and local government agencies in seeking PPPs.

- The VIP shall promote the creation of hubs and programs for virology research and development in the academe, particularly in state universities and colleges (SUCs). To this end, the VIP shall assist SUCs in the creation of virology courses and programs, open internships, and scholarships for qualified students for higher education institutions (HEIs), and collaborate with HEIs in the creation of virology research centers.

The CHED shall collaborate with the DOST in the promotion of HEI-VIP partnerships.

- The VIP Board shall ensure that all technologies developed exclusively by the VIP shall be protected by intellectual property laws, in accordance with Republic Act No. 10055 or the "Philippine Technology Transfer Act of 2009", Republic Act No. 8293 or the "Intellectual Property Code of the Philippines", and other applicable laws.

Any patent or property right award granted to the VIP shall be held by and in the name of the Philippine government. In the case of partnerships where the VIP is a collaborating research partner, the VIP Board shall ensure that technologies co-developed by the VIP shall also be co-owned by the Philippine government, and correspondingly accorded intellectual property protection under the law.

- The VIP shall undertake the procurement of specialized materials, equipment, and services to be used in its operation and administration, in accordance with Republic Act No. 12009 or the "New Government Procurement Act", and other existing laws, rules, and regulations.

- A lot with an area equivalent to at least five (5) hectares under the administration of the Bases Conversion and Development Authority (BCDA) within the New Clark Economic Zone in the Province of Tarlac shall be allocated exclusively for the VIP, its research facilities, and laboratories. The biosafety infrastructure shall be designed based on risk assessment standards and guidelines of the WHO and the WOAH for handling specific pathogens and the establishment of virology laboratories in developing countries.

To safeguard the well-being and security of the human, plant, and animal populations within the VIP facilities area, the VIP shall coordinate with the Department of National Defense (DND) regarding the establishment and security of the said facilities.

- Qualified employees of the VIP shall be covered by Republic Act No. 8439 or the "Magna Carta for Scientists, Engineers, Researchers and Other S & T Personnel in the Government", as amended, and other rules and regulations issued by appropriate govenrment agencies.

Authority to Negotiate, Receive Donations, Grants, Gifts, Legacies, Endowments, and Contributions. - The VIP may negotiate with and receive from any public or private domestic or foreign sources, donations, grants, gifts, legacies, endowments, contributions, or other transfer of ownership and/or possession of real or personal properties of all kinds in favor and for the benefit of the VIP.

- A Virology Research Fund is hereby established as a special account in the General Fund and shall be sourced from all donations, grants, gifts, legacies, endowments, contributions, and bequests in cash or in kind, received by the VIP from various sources in accordance with accounting and auditing standards, rules, and regulations: Provided, That the acceptance of grants, in cash or in kind, from government of foreign countries shall be subject to the approval by the President of the Philippines or his/her authorized representative based on the recommendation of the Secretary of Finance: Provided, further, That other donations, in cash or in kind, from foreign governments shall require prior clearance and approval by the President or his/her authorized representative based on the recommendations of the Secretary of Foreign Affairs: Provided, finally, That the fund shall be deposited with the National Treasury through the treasury single account for proper monitoring and accounting.

- Donations, grants, gifts, endowments, and contributions actually, directly, and exclusively used for the purpose of the VIP shall be exempt from donor's tax and shall be considered as allowable deduction from gross income for purposes of computing the taxable income of the donor, in accordance with Section 34 (H)(2)(a) of Republic Act No. 8424 or the National Internal Revenue Code of 1997, as amended.

- The VIP shall submit its annual report to the President and to the Committees on Science and Technology of both Houses of Congress not later than the 30th of March of every year following the effectivity of this Act. The annual report shall provide a full and detailed account of the status of the implementation of this Act and policy recommendations.

- There shall be a Joint Congressional Oversight Committee on the VIP Act, which shall be jointly chaired by the Chairpersons of the Committee on Science and Technology of the Senate and the House of Representatives. It shall be composed of the Chairpersons of the Senate Committees on Health and Demography, and Agriculture, Food and Agrarian Reform, the Chairpersons of the Committees on Health, and Agriculture and Food of the House of Representatives, and two (2) members from each House representing the minority who shall be appointed by the Senate President ad the Speaker of the House of Representatives.

- The amount necessary to carry out the initial implementation of this Act shall be charged against the current year's appropriations of the DOST. Thereafter, such amount needed for its continued implementation shall be included in the annual General Appropriations Act.

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- The DOST Secretary, in consultation with the DOH, RITM, DA, DBM, CSC, and other relevant government agencies, shall promulgate the necessary rules and regulations within ninety (90) days from the effectivity of this Act. Failure to promulgate the rules and regulations of this Act shall not prevent its implementation upon effectivity.

- If portion of this Act is declared invalid or unconstitutional, other provisions hereof shall remain in full force and effect.

- All laws, decrees, orders, and rules and regulations, or other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

- This Act shall become effective fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation.

Approved,

| (SGD.) FRANCIS "CHIZ" G. ESCUDERO President of the Senate | (SGD.) FERDINAND MARTIN G. ROMUALDEZ Speaker of the House of Representatives |