Title
Strengthening Magna Carta for SciTech Personnel
Law
Republic Act No. 11312
Decision Date
Apr 17, 2019
An amendment to the Magna Carta for Scientists, Engineers, Researchers, and Other Science and Technology Personnel in the Government strengthens the rights and benefits of science and technology personnel, including additional honorarium for exceeding regular workload and the ability for retired scientists to be rehired for specific research activities.
A

Questions (Republic Act No. 11657)

It strengthens the Magna Carta for scientists, engineers, researchers, and other science and technology (SciTech) personnel in government by amending Republic Act No. 8439 and enhancing certain benefits and provisions.

Section 1 amends Section 7 of RA 8439, which deals with “Other Benefits” for SciTech personnel.

SciTech personnel who rendered services beyond the established regular workload—whose broad and superior knowledge, expertise, or professional standing in a specific field contributes to productivity and innovativeness—are entitled to an honorarium subject to rules to be set by the Department.

It provides that the government shall not impose a limit on the amount of additional honoraria sourced from externally funded grants that may be received by SciTech personnel.

Section 2 amends Section 8 of RA 8439, covering the availability of benefits to “Non-DOST S&T Personnel” involved in science and technology activities.

SciTech personnel not employed by the Department (DOST), who are involved in STA (science and technology activities), may avail of the benefits upon required certification by the head of their agency.

The head of their agency must certify that the personnel are involved in research and development (R&D) or other scientific and technological activities.

Agency heads must abide by guidelines promulgated by DOST for certification of non-DOST personnel involved in R&D/STA and for their entitlement to benefits under the Act.

Section 3 amends Section 16 of RA 8439, which concerns the hiring/rehiring of retired scientists and technical personnel.

When, in the judgment of the governing board or head of a research agency, the retired employee has technical qualifications and capability to undertake specific scientific research activities, and provided that no qualified science and technology expert is available to undertake the scientific activities.

A maximum extension of five (5) years.

The extension requires: (1) the research project is within DOST priority R&D programs and identified as strategic to national development certified by the DOST Secretary; (2) the scientist is still mentally and physically fit to complete the project; and (3) the request is submitted to the Civil Service Commission for approval at least three (3) months prior to the compulsory retirement date.

They are credited as part of government service, and the extension entitles the employee to leave credits and other benefits.

Yes. It takes effect after fifteen (15) days from complete publication in the Official Gazette or in a newspaper of general circulation.

If any provision is declared invalid or unconstitutional, the remaining provisions remain valid and effective.

It repeals, amends, or modifies all laws, decrees, orders, and issuances (or portions thereof) inconsistent with RA 11312.

It expressly states that no government-imposed limit applies to additional honoraria sourced from externally funded grants that SciTech personnel may receive.


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