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Republic Act No. 8439.
REPUBLIC ACT NO.
8439
AN
ACT
PROVIDING A MAGNA
CARTA FOR SCIENTISTS, ENGINEERS, RESEARCHERS AND OTHER SCIENCE AND
TECHNOLOGY
PERSONNEL IN GOVERNMENT.
Section 1. Title. —
This
Act shall be known as the "Magna Carta for Scientists, Engineers,
Researchers
and other S & T Personnel in the Government."
Sec. 2. Declaration
of policy. — The State recognizes science and technology as an
essential
element for the attainment of national development and progress. To
attain
this objective, it is hereby declared the policy of the State to
provide
for a program of human resources development in science and technology
to achieve and maintain the necessary reservoir of talent and manpower
that will sustain its drive for total science and technology mastery.
The State shall
establish,
promote and support programs leading to the realization of this
objective,
such as science and engineering scholarship programs, improvement of
the
quality of science and engineering education, popularization of science
culture, and provision of incentives for pursuing careers in science
and
technology.
Sec. 3. Definition
of terms. —
(a) Department —
refers to the Department of Science and Technology (DOST) created under
Executive Order No. 128.
(b) Scientific
and
Technological
Activities (STA) — all systematic activities which are closely
concerned
with the generation, advancement, dissemination, and application of
scientific
and technical knowledge in all fields of natural science and technology.
STA may be
classified into
three broad groups, namely:
(1) Research
and
Experimental
Development (R & D) — Any systematic and creative work
undertaken
in the physical, natural, mathematical and applied sciences by using
methods
in order to increase the stock of knowledge, and the use of this
knowledge
in these fields to devise new applications;
(2) Scientific
and
Technological
Services (STS) — Activities in support of scientific research and
development,
dissemination and applications of scientific and technical knowledge (i.e.
library, information and museum services; geological and hydrological
surveys;
meteorological and seismological observations; compilation of routine
statistics;
testing, standardization and quality control; counseling of clients;
patenting
and licensing; engineering and technical services); and
(3) Scientific
and
Technical
Education and Training (STET) — All activities comprising higher
education
and training leading to a university degree, post-graduate and further
training, organized lifelong training for scientists and engineers, and
specialized non-university higher education.
Sec. 4. Science and
Technology
Career System. — A career system for science and technology
personnel
in the service of the government which is patterned after the
Scientific
Career System (SCS) shall be formulated by the DOST in coordination
with
the Civil Service Commission.
Sec. 5. Classification
of S & T Personnel. — S & T personnel may be classified in
the following categories:cralaw:red
(a) S
& T
managers,
supervisors, and planners. — Those who are graduate degree holders
or have at least ten (10) years of managerial experience or are
performing
executive, planning and policy-making functions to effectively carry
out
STA related activities as defined in Sec. 3 of this Act;
(b) Members of the
scientific
career system;
(c) Scientists,
engineers
and researchers. — Those who are at least undergraduate degree
holders
in any of the natural science and engineering courses and are involved
in research and development or other scientific and technological
activities;
and
(d) DOST
technicians
and related S & T personnel. — Those who obtained at least
twelve
(12) units in science, engineering and other related courses or any
appropriate
training as determined by the Secretary of the Department and are
providing
support services to S & T personnel enumerated in the three (3)
preceding
sub-Sec.s.
Sec. 6. Salaries. —
The existing law on salary scales of government employees shall not
apply
in determining the salary scale of science and technology personnel as
defined in Sec. 5 of this Act. A new salary scale shall be developed
by the Department in consultation with the Department of Budget and
Management
and the Civil Service Commission, subject to the approval of the
President.
Sec. 7. Other
benefits.
— Notwithstanding Sec. 12 of Republic Act No. 6758, science and
technology
personnel defined under Sec. 5 of this Act shall receive the
following:cralaw:red
(a)
Honorarium. —
S & T personnel who rendered services beyond the established
irregular
workload of scientists, technologists, researchers and technicians
whose
broad and superior knowledge, expertise or professional standing in a
specific
field contributes to productivity and innovativeness shall be entitled
to receive honorarium subject to rules to be set by the Department;
(b) Share in
royalties.
— S & T scientists, engineers, researchers and other S & T
personnel
shall be entitled to receive share in royalties subject to guidelines
of
the Department. The share in royalties shall be on a sixty
percent-forty
percent (60%-40%) basis in favor of the Government and the personnel
involved
in the technology/ activity which has been produced or undertaken
during
the regular performance of their functions. For the purpose of this
Act,
share in royalties shall be defined as a share in the proceeds of
royalty
payments arising from patents, copyrights and other intellectual
property
rights;
If the researcher
works
with a private company and the program of activities to be undertaken
has
been mutually agreed upon by the parties concerned, any royalty arising
therefrom shall be divided according to the equity share in the
research
project;
(c) Hazard
allowance.
— S & T personnel involved in hazardous undertakings or assigned in
hazardous workplaces, shall be paid hazard allowances ranging from ten
(10%) to thirty (30%) percent of their monthly basic salary depending
on
the nature and extent of the hazard involved. The following shall be
considered
hazardous workplaces:
(1)
Radiation-exposed
laboratories
and service workshops;
(2)
Remote/depressed
areas;
(3) Areas declared
under
a state of calamity or emergency;
(4) Strife-torn or
embattled
areas;
(5) Laboratories
and
other
disease-infested areas.
(d) Subsistence
allowance.
— S & T personnel shall be entitled to full subsistence allowance
equivalent
to three (3) meals a day, which may be computed and implemented in
accordance
with the criteria to be provided in the implementing rules and
regulations.
Those assigned out of their regular work stations shall be entitled to
per diem in place of the allowance;
(e) Laundry
allowance. — S & T personnel who are required to wear a
prescribed
uniform
during office hours shall be entitled to a laundry allowance of not
less
than One hundred fifty pesos (P150.00) a month;
(f) Housing and
quarter
allowance. — S & T personnel who are on duty in laboratories,
research
and development centers and other government facilities shall be
entitled
to free living quarters within the government facility where they are
stationed:
Provided, That the personnel have their residence outside of the fifty
(50)-kilometer radius from such government facility;
(g) Longevity
pay. —
A monthly longevity pay equivalent to five percent (5%) of the monthly
basic salary shall be paid to S & T personnel for every five (5)
years
of continuous and meritorious service as determined by the Secretary of
the Department; and
(h) Medical
examination.
— During the tenure of their employment, S & T personnel shall be
given
a compulsory free medical examination once a year and immunization as
the
case may warrant. The medical examination shall include:
(1)
Complete physical
examination
(2) Routine
laboratory,
Chest X-ray and ECG
(3) Psychometric
examination
(4) Dental
examination
(5) Other indicated
examination
Sec. 8. Non-DOST S &
T personnel. — S & T personnel not employed by the Department,
who are involved in STA may avail of the benefits under this Act upon
certification
of the Secretary of the Department.
Sec. 9. Scholarships
and grants. — S & T personnel in public and private sectors
shall
be entitled to avail of scholarship benefits and grants for pursuing
undergraduate,
graduate, post-graduate or training courses in accordance with a
Scholarship
Program to be implemented by the Department. Grantees of the program
may
study within the Philippines or abroad provided that the Department
shall
provide strict measures to ensure their return to the country to render
the service obligation.
Recipients of
undergraduate
scholarships shall, after graduation, be required to render service in
the government for the equivalent number of years that they availed of
their scholarships. However, in case where there are no available
positions
in the government, they may be allowed to work in the private sector.
Scholarship privileges
may
be on a full-time or part-time basis and shall include tuition fee,
book
allowance, transportation allowance, monthly stipend, dissertation
grants,
insurance and the payment of regular salary and other benefits.
For this purpose, the
Human
Resource Development Council created under Republic Act No. 8248 shall
formulate the rules and regulations and implement the Scholarship
Program
provided in this Act.
Sec. 10. Honorarium
for other services. — Scientists, engineers, researchers,
technologists,
technicians and other S & T personnel shall be allowed to render
consultancy
services to the private sector and shall be entitled to receive such
honorarium
that may be paid to them by the private entity concerned. Such payments
shall be over and above their salary from the government during the
period
of the consultancy and skill not be considered as double compensation:
Provided, That the consultancy work will not jeopardize or
adversely
affect the operations or activities of his originating office: Provided,
further, That the Secretary of the Department approves such
consultancy.
Sec. 11. Detail to
the private sector. — Provisions of existing laws notwithstanding,
scientists, engineers, researchers and other S & T related
personnel
who are employed on a regular basis in the government, whether or not
they
are conferred any rank under the Scientific Career System, shall hereby
be allowed secondment to any private entity whenever such services are
required: Provided, That the duration of such service with a
private
entity shall not exceed one (1) year: Provided, further, That
the
detail or secondment of said personnel will not hamper or adversely
affect
the operations or activities of his originating office: Provided,
finally,
That the head of the agency approves such detail or secondment.
During the period of
such
secondment, payment of the seconded employee shall be borne by the
seconding
private entity covered by a contract. The period of secondment shall be
used in computing the retirement benefits but not for the commutation
of
leave credits earned in the mother agency.
Such secondment shall
not
likewise affect his Security of tenure nor result in the loss of
seniority
rights subject to guideline on secondment in the IRR of this Act.
Sec. 12. Exemption
from the Attrition Law and Civil Service Rule on nepotism. —
Appointment
of S & T personnel to positions of research assistant and upwards
shall
not be covered by the Attrition Law and CSC rule on nepotism in
consideration
of the highly technical nature of these positions.
Sec. 13. Provision
against double benefits. — S & T personnel already receiving
the
same benefits under any other law shall not be allowed to avail of the
benefits under this Act unless they submit in writing their intention
to
withdraw the benefits already being received and opt for those provided
hereunder.
Sec. 14. Highest
basic
salary upon retirement. — Upon retirement, the S & T personnel
concerned shall automatically be granted one (1) salary grade higher
than
his/her basic salary and his/her retirement benefits shall be computed
on the basis of his/her highest salary received.
Sec. 15. Prohibition
against diminution and/or elimination. — Nothing in this law shall
be construed to eliminate or in any way diminish benefits being enjoyed
by S & T personnel at the time of the effectivity of this Act.
Sec. 16. Hiring of
retired scientists and technical personnel. — An employee retired
under
any existing law, who, in the judgment of the governing board or head
of
a research agency, possesses technical qualifications and the
capability
to undertake specific scientific research activities, may be rehired on
contractual basis without refunding the unexpired portion of the
gratuity
and accumulated leave benefits received by him from the Government: Provided,
That no qualified science and technology expert is available to
undertake
said scientific activities.
Sec. 17. Government
scholars and training grantees. — Graduates or grantees of
government
S & T scholarship programs or trainings shall be given temporary
waiver
of CSC eligibilities for at least two (2) years and preferential access
to financial grants from any government agency authorized to extend
grants
and to loans with easy terms from government financing institutes, for
science and technology projects which are viable and in line with the
development
thrust of the country.
Sec. 18. Science
and
technology awards. — There shall be established Science and
Technology
Awards Committee which shall confer annually the Science and Technology
Awards for outstanding achievement/s and excellence or original
contribution
to science and technology. The Committee shall promulgate the
guidelines
in implementing this Sec. and shall specify the categories of awards
to be given and the amount of financial reward for each category.
Sec. 19. Congressional
Commission on Science and Technology. — There is hereby created a
Congressional
Commission on Science and Technology (S and T COM) to review and
assess,
among others, the state of the Philippine human resources development
in
S & T, the state of computerization and information technology in
the
Philippine economy and society, and the implementation of this Act. The
Commission shall be composed of five (5) Members of the House of
Representatives
and five (5) Members of the Senate. It shall be co-chaired by the
Chairpersons
of the Committee on Science and Technology of both Houses of Congress.
Such congressional review shall be undertaken at least once every five
(5) years.
Sec. 20. Funding.
— The amount necessary to fully implement this Act shall be provided in
the General Appropriations Act (GAA) of the year following its
enactment
into law under the budgetary appropriations of the DOST and concerned
agencies.
Sec. 21. Annual
report.
— The Secretary of the Department shall submit to the Congressional
Commission
on Science and Technology, an annual report of the status of
implementation
of this Act.
Sec. 22. Implementing
rules and regulations. — The Department, in consultation with
government
and nongovernment agencies involved in STA, shall formulate the
implementing
rules and regulations to carry out the provisions of this Act.
Sec. 23. Repealing
clause. — All laws, decrees orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby
amended
or repealed accordingly.
Sec. 24. Separability
clause. — The provisions of this Act are hereby declared separable.
In the event that any provision hereof is rendered unconstitutional,
those
that are not affected shall remain valid and effective.
Sec. 25. Effectivity.
— This Act shall take effect immediately after publication in two
(2)
newspapers of general circulation.
Approved:
December 22, 1997
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