Title
Supreme Court
Magna Carta for Scientists and Technology Personnel
Law
Republic Act No. 8439
Decision Date
Dec 22, 1997
A Philippine law that recognizes the importance of science and technology for national development, providing a program of human resources development and benefits for scientists, engineers, researchers, and other S&T personnel in the government.

Law Summary

Declaration of Policy

  • Recognizes science and technology as essential to national development.
  • Policy to develop human resources in science and technology.
  • Programs include scholarships, education improvement, popularization of science, and incentives for careers in S&T.

Definitions

  • Department: Department of Science and Technology (DOST).
  • Scientific and Technological Activities (STA): activities generating, advancing, disseminating, and applying scientific knowledge.
  • STA classified into Research & Experimental Development (R&D), Scientific and Technological Services (STS), and Scientific and Technical Education and Training (STET).

Science and Technology Career System

  • A career system patterned after the Scientific Career System (SCS) to be formulated by DOST in coordination with Civil Service Commission.

Classification of S&T Personnel

  • Categories:
    • Managers, Supervisors, Planners: Graduate degree or 10 years managerial experience.
    • Members of Scientific Career System.
    • Scientists, Engineers, Researchers: At least undergrad degree and involved in R&D or STA.
    • Technicians and related personnel: 12 units in science/engineering or appropriate training.

Salary Provisions

  • Existing salary laws do not apply.
  • New salary scale to be developed by DOST, DBM, Civil Service Commission, with Presidential approval.

Additional Benefits

  • Honorarium for extra services.
  • Share in royalties on patents and intellectual property, 60% government, 40% personnel.
  • Hazard allowance (10%-30%) for hazardous workplaces.
  • Full subsistence allowance or per diem when out of station.
  • Laundry allowance of at least P150 monthly.
  • Housing/quarters for personnel stationed more than 50 km from residence.
  • Longevity pay: 5% of basic salary every 5 years.
  • Annual compulsory free medical examination including physical, lab tests, psychometric, dental.

Benefits for Non-DOST Personnel

  • Personnel outside DOST involved in STA may avail benefits upon certification.

Scholarships and Grants

  • S&T personnel in public/private sectors eligible.
  • Programs cover undergraduate to postgrad and training.
  • Study in Philippines or abroad with required service obligation.
  • Service obligation equivalent to scholarship years or may work private sector if no public position.
  • Includes tuition, book allowance, stipend, insurance, and salary during study.
  • Human Resource Development Council to manage.

Consultancy Services

  • Allowed to render consultancy to private sector.
  • Honorarium from private entities allowed over and above government salary.
  • Must not affect government work.
  • Requires Secretary of DOST approval.

Detail to Private Sector

  • Regular government S&T personnel allowed secondment to private entities for up to one year.
  • Approval required; no adverse effect on government work.
  • Private entity pays salary during detail.
  • Period counts toward retirement benefits but not leave credits; security of tenure and seniority protected.

Exemptions

  • S&T positions from Attrition Law and Civil Service Nepotism rules.

Prevention of Double Benefits

  • Personnel must choose benefits under this Act or other laws, not both.

Retirement Benefits

  • Retirement pay based on highest salary plus one salary grade.

Protection of Existing Benefits

  • This Act does not diminish or remove existing benefits at time of effectivity.

Rehiring of Retired Personnel

  • Retired employees may be rehired on contract if qualified and no available experts.
  • No refund of gratuity or leave benefits required.

Support for Government Scholars and Grantees

  • Temporary waiver of Civil Service eligibility for two years.
  • Preferential access to grants and loans for S&T projects.

Science and Technology Awards

  • Annual awards for outstanding achievements in S&T.
  • Committee to set guidelines and award categories.

Congressional Commission on Science and Technology

  • Created to review Philippine S&T human resources, computerization, and this Act.
  • Composed of 5 Representatives and 5 Senators.
  • Co-chaired by Committee Chairpersons on Science and Technology.
  • Reviews every five years.

Funding

  • Provided in General Appropriations Act.
  • Budget through DOST and concerned agencies.

Reporting

  • DOST Secretary to submit annual implementation report to Congressional Commission.

Implementing Rules and Regulations

  • DOST to formulate IRR with input from related agencies.

Repealing Clause

  • All laws inconsistent with this Act are repealed or amended.

Separability Clause

  • If any provision declared unconstitutional, others remain effective.

Effectivity

  • Effectivity upon publication in two newspapers of general circulation.

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