QuestionsQuestions (EXECUTIVE ORDER NO. 128)
It reorganizes the NSTA to make it more effective and responsive to the country’s scientific and technological needs, pursuant to the Freedom Constitution’s express mandates and Executive Order No. 5 (1986) directing efficiency and effectiveness in public service delivery.
It sets policies to support local S&T efforts for national development, promote local capability/technological self-reliance in vital areas, encourage public-private partnerships, and provide incentives to enable private sector participation in R&D.
It must provide central direction, leadership, and coordination; formulate and implement S&T policies, plans, programs, and projects for both public and private sectors; and ensure S&T results are applied to accelerate economic and social development, including continual review of national S&T needs.
Examples include: (1) formulate/adopt a comprehensive National Science and Technology Plan and monitor funding/implementation upon Presidential approval; (2) promote/undertake R&D in vital areas; (3) develop indigenous technology and innovate/adapt imported technology up to commercial stage (preferably with the private sector/public agencies); (4) undertake transfer of R&D results to end-users; (5) develop and maintain an S&T information system/databank; plus others such as manpower capability strengthening, public consciousness in S&T, and policy/feasibility/assessment studies.
It consists of the Offices of the Director-General and Deputy/Assistant Directors-General, and includes Services, the Inter-Council Review Board, Sectoral Planning Councils, Institutes, and Regional Offices.
The Director-General has overall responsibility for the Authority’s mandate and powers/functions, appointed by the President. He exercises supervision and control over the Authority except the Inter-Council Review Board and Sectoral Planning Councils, over which he has supervision only.
There are three Deputy Directors-General appointed by the President: one for R&D, one for regional operations, and one for scientific and technical services. Each has supervision over the Institutes under their functional areas.
(1) Planning and Evaluation Service—provides services related to planning, program/project monitoring and development; (2) Financial and Management Service—advises on budgetary/financial/management improvement matters; (3) Administrative and Legal Service—covers personnel, information/records, supplies/equipment, collection/disbursement/security/custodial work, and all legal matters.
It is composed of the Ministers (or designated Deputy Ministers) who are members of the Sectoral Planning Councils, chaired by the Director-General of Science and Technology. Its main function is to review the Sectoral Planning Councils’ plans and the National Science and Technology Plan, assisted by the Planning and Evaluation Service.
They are: (1) Philippine Council for Industry and Energy R&D; (2) Philippine Council for Health R&D; (3) Philippine Council for Agriculture, Forestry and Natural Resources R&D; (4) Philippine Council for Aquatic and Marine R&D; and (5) Philippine Council for Advanced Science and Technology R&D.
Private sector members are included (e.g., as chief executive officers or acknowledged professional leaders) and are appointed by the President in their personal capacity upon recommendation of the Director-General, generally for two-year terms with staggered initial terms as specified per council.
To ensure that reorganization includes the transfer of functions, appropriations, funds, records, equipment, facilities, rights/assets, liabilities (as applicable), and personnel in hold-over capacity, with separation rules for personnel not included in the new staffing pattern and with reference to applicable retirement/benefits.
They are deemed separated unless reappointed; they receive retirement benefits under existing laws if entitled. Otherwise, they get the equivalent of one-month basic salary for every year of service (or fraction), computed on the highest salary received, but capped at the equivalent of 12 months salary.
EO No. 128 declares that no court or administrative body shall issue any writ, preliminary injunction, or restraining order to enjoin the separation/replacement of officers or employees affected under the Executive Order.
The Director-General must approve and prescribe the new position structure and staffing pattern within 120 days from approval of the EO, and the authorized positions are filled with regular appointments by him or the President, as the case may be.
If a reorganizational change is of such substance/materiality that it prejudices third persons with rights recognized by law or contract such that notice/consent of creditors is required under an agreement, such notice or consent must be complied with before implementing the reorganizational change.
EO No. 128 abolishes specified agencies (e.g., PCARRD with transfer to the Council for Agriculture and Forestry R&D; NCRP Council under EO 784; Philippine Invention Development Institute transferred to TAPI; Science Promotions Institute split between STII and SEI; National Institute of Science and Technology transferred to Industrial Technology Development Institute; Materials Science Research Institute transferred to Industrial Technology Development Institute; and Special Project Service transferred to Planning and Evaluation Service).