Title
Magna Carta for S&T Personnel in Government
Law
Dost Magna Carta For Scientists, Engineers, Researchers And Other Science And Technology Personnel In Government
Decision Date
Apr 2, 1998
The Magna Carta for Scientists, Engineers, Researchers, and Other Science and Technology Personnel in Government establishes a comprehensive set of benefits and provisions to support and promote the field of science and technology in the Philippines, including per diem, housing allowance, health insurance, scholarships, and consultancy opportunities.

Questions (DOST MAGNA CARTA FOR SCIENTISTS, ENGINEERS, RESEARCHERS AND OTHER SCIENCE AND TECHNOLOGY PERSONNEL IN GOVERNMENT)

The State recognizes science and technology as essential to national development and progress, and adopts a policy to provide human resources development programs in science and technology to maintain a reservoir of talent and manpower to sustain national science and technology mastery.

STA are systematic activities concerned with generation, advancement, dissemination, and application of scientific and technical knowledge in all fields. They are classified into (1) Research and Experimental Development (R&D), (2) Scientific and Technological Services (STS), and (3) Scientific and Technical Education and Training (STET).

S&T personnel include S&T managers, supervisors, and planners; members of the Scientific Career System; scientists, engineers and researchers; and DOST technicians and DOST S&T-related personnel.

S&T managers/supervisors/planners are graduate degree holders or have at least 10 years managerial experience or are performing executive/planning/policy functions for STA. Managers are in high-level executive positions (e.g., Secretary/Undersecretary/Assistant Secretary equivalents; salary grades 27-31), supervisors are in other equivalent ranks (salary grades 22-26), and planners perform essentially supervisory functions such as Planning Officer IV/Project Development Officer IV (salary grade 22).

They must have at least an undergraduate degree in natural science/engineering fields and must be involved in R&D or other STA. They must also spend at least 50% of their official time on the conception/creation of new scientific or engineering/technological knowledge, products, processes, methods, or systems.

Technicians must control/operate/maintain technical and scientific equipment and have competencies acquired via (1) baccalaureate degree program or (2) on-the-job learning or completion of relevant tech-voc training. S&T-related personnel (support staff) must have either (1) at least 12 units in natural science/engineering/related courses, or (2) completed appropriate training recognized by the DOST Secretary, who determines requirements per position.

Appointments of S&T personnel to research assistant positions and upwards are not covered by the Attrition Law and the CSC rule on nepotism, due to the technical nature of these positions.

S&T personnel occupying plantilla positions (permanent or temporary) and those in contractual/casual/emergency positions charged to lump-sum appropriations, whether full-time or part-time, are entitled if they conform with R.A. 8439’s Section 5.

Notwithstanding Section 12 of R.A. 6758, S&T personnel receive honorarium, share of royalties, hazard allowance, subsistence allowance, laundry allowance, housing and quarters allowance, longevity pay, and medical examination.

Honorarium is for services rendered beyond the established regular workload where superior knowledge/expertise contributes to productivity and innovativeness (including management/admin/support for effective operation of S&T/R&D projects; special projects; organizing/speaking/lecturing/resource work). Funds must be included in appropriations. Rates for DOST personnel and DOST-assisted projects require approval of the DOST Secretary upon recommendation of the agency head.

It is a share in proceeds of royalty payments from patents, copyrights, and other IP rights. The split is 60% to the Government and 40% to the personnel involved in the technology/activity, subject to DOST guidelines.

Hazardous areas include hardship posts (isolation/extreme weather), high danger natural hazard zones, risks from radiation/contagious diseases/toxic chemicals and biologicals, mental health institutions/prison camps/industrial workshops, strife-torn/embattled areas, areas under state of calamity/emergency, laboratories and clinics, and other critical areas deemed hazardous.

Hazard allowance is based on actual presence in hazardous areas; entitlement is co-terminus with assignment to such areas. Personnel on vacation, sick, maternity, or study leave are excluded, except that study leave students conducting qualifying laboratory research (duly certified) may be entitled if not covered by insurance. Seconded/detailed personnel are generally excluded unless the receiving agency’s personnel also receive hazard allowance.

Entitled to full subsistence allowance equivalent to three meals/day or P150 per day. Half-day service entitles 50% (P75). Services of less than four hours do not entitle subsistence allowance.

Longevity pay is 5% of monthly basic salary for every 5 years of continuous and meritorious service, determined by the Secretary upon recommendation of the agency head. “Continuous and meritorious” means no gap and a very satisfactory performance rating for the last two semesters immediately preceding entitlement. If meritorious service is not performed in a given year, no longevity pay is granted for that period.

There is a prohibition against diminution/elimination of benefits already enjoyed at the effectivity of R.A. 8439. For double benefits, S&T personnel already receiving the same benefits under another law cannot avail under R.A. 8439 unless they submit a written intent to withdraw the existing benefits and opt for the R.A. 8439 benefits.

Consultancy must not jeopardize the mother agency’s operations; there must be full disclosure of terms/remuneration; approval of the Secretary (or concerned department) is required. Only permanent appointees generally; maximum 32 hours per month; maximum of three projects at a time; no consultancy where there is direct oversight or project evaluation/screening responsibility for grants from their agency; mother agency gets 10% of total consultancy fee as trust receipts.

Secondment for regular government S&T personnel is allowed up to one year, must not hamper the mother agency, and the agency head must approve. Salary is borne by the private entity; secondment period counts for length of service for retirement but no leave credits are earned. It must not affect security of tenure or seniority rights. Separate special conditions apply if the personnel served at least four years, including limits on subsequent secondment and that during secondment the personnel receive salary from the private entity and are not entitled to R.A. 8439 benefits.


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