AN ACT PROVIDING A MAGNA CARTA FOR SCIENTISTS

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AN ACT PROVIDING A MAGNA CARTA FOR SCIENTISTS

Republic Act No. 8439

December 22, 1997

Case Overview and Summary

Title: Magna Carta for Scientists, Engineers, Researchers and other S & T Personnel in the Government

Declaration of Policy (Section 2):
- Recognizes science and technology as essential for national development and progress.
- Aims to provide a program for human resources development in science and technology.
- Supports programs like scholarships, improving science education, promoting science culture, and providing incentives for science careers.

Definitions (Section 3):
- Defines scientific and technological activities (STA) as research and development, scientific services, and scientific education and training.

Science and Technology Career System (Section 4):
- A career system for S&T personnel in government service shall be formulated by DOST and Civil Service Commission.

Classification of S&T Personnel (Section 5):
- Categorizes S&T personnel as managers/supervisors, scientific career system members, scientists/engineers/researchers, and DOST technicians.

Salaries (Section 6):
- A new salary scale for S&T personnel shall be developed by DOST, DBM, and CSC, subject to Presidential approval.

Other Benefits (Section 7):
- Honorarium for services beyond regular workload. (Section 7a)
- Share in royalties from patents/copyrights on a 60%-40% basis favoring the government. (Section 7b)
- Hazard allowance of 10%-30% of monthly salary for hazardous workplaces like radiation labs, remote areas, calamity zones, etc. (Section 7c)
- Subsistence allowance equivalent to three meals a day. (Section 7d)
- Laundry allowance of at least P150 per month for prescribed uniforms. (Section 7e)
- Free housing/quarters within 50 km radius of government facility. (Section 7f)
- 5% monthly longevity pay for every 5 years of continuous service. (Section 7g)
- Annual free medical examination and immunization. (Section 7h)

Non-DOST S&T Personnel (Section 8):
- S&T personnel not employed by DOST but involved in STA may avail benefits upon DOST Secretary's certification.

Scholarships and Grants (Section 9):
- S&T personnel in public/private sectors can avail scholarships/grants for undergraduate, graduate, post-graduate or training courses.
- Undergraduate scholarship recipients must render government service equivalent to scholarship duration.
- Includes tuition fee, book allowance, transportation, stipend, dissertation grants, insurance, and regular salary.
- Rules by Human Resource Development Council under RA 8248.

Honorarium for Other Services (Section 10):
- S&T personnel can render consultancy to private sector and receive honorarium on top of government salary with DOST Secretary's approval.

Detail to Private Sector (Section 11):
- Regular government S&T personnel can be seconded to private entities for up to 1 year with agency head's approval.
- Private entity bears payment during secondment period.
- Secondment period counts towards retirement but not leave credits.
- Shall not affect tenure or seniority rights.

Exemptions (Section 12):
- Appointment of research assistants and up are exempt from Attrition Law and CSC nepotism rule.

Provision Against Double Benefits (Section 13):
- S&T personnel receiving same benefits under other laws must withdraw those benefits to avail benefits under this Act.

Highest Basic Salary Upon Retirement (Section 14):
- Upon retirement, S&T personnel shall get 1 salary grade higher than basic salary for computing retirement benefits.

Hiring of Retired Personnel (Section 16):
- Retired employees with technical qualifications can be rehired on contract without refunding gratuity/leave benefits if no qualified expert is available.

Government Scholars and Grantees (Section 17):
- Graduates/grantees of government S&T scholarship programs get 2-year temporary CSC eligibility waiver.
- Preferential access to government grants and easy loans for viable S&T projects.

Science and Technology Awards (Section 18):
- Annual awards for outstanding S&T achievements/contributions to be given by an Awards Committee.

Congressional Commission on S&T (Section 19):
- A 10-member Congressional Commission to review Philippine S&T human resources, IT, and implementation of this Act every 5 years.

Funding (Section 20):
- Funding for implementation shall be provided in the General Appropriations Act under DOST and concerned agencies' budgets.

Annual Report (Section 21):
- DOST Secretary shall submit an annual report on implementation status to the Congressional Commission.

Implementing Rules (Section 22):
- DOST shall formulate implementing rules and regulations in consultation with government and non-government STA agencies.

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science and technology personnel

researchers

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government employees

benefits

incentives

salaries

allowances

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Law

AN ACT PROVIDING A MAGNA CARTA FOR SCIENTISTS

Republic Act No. 8439

December 22, 1997

Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress   Republic Act No. 8439             December 22, 1997 AN ACT PROVIDING A MAGNA CARTA FOR SCIENTISTS, ENGINEERS, RESEARCHERS AND OTHER SCIENCE AND TECHNOLOGY PERSONNEL IN GOVERNMENT Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. Title. - This Act shall be known as the "Magna Carta for Scientists, Engineers, Researchers and other S & T Personnel in the Government." Section 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...
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AN ACT PROVIDING A MAGNA CARTA FOR SCIENTISTS

Amends

n/a

Amended by

n/a

Tags

Statutes

Republic Acts

science and technology personnel

researchers

engineers

scientists

government employees

benefits

incentives

salaries

allowances

scholarships

grants

career system

awards

retirement

hazard pay

royalties

intellectual property rights

consultancy services

secondment

private sector

eligibility waivers

congressional commission

Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress   Republic Act No. 8439             December 22, 1997 AN ACT PROVIDING A MAGNA CARTA FOR SCIENTISTS, ENGINEERS, RESEARCHERS AND OTHER SCIENCE AND TECHNOLOGY PERSONNEL IN GOVERNMENT Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. Title. - This Act shall be known as the "Magna Carta for Scientists, Engineers, Researchers and other S & T Personnel in the Government." Section 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...
Login to see full content
AN ACT PROVIDING A MAGNA CARTA FOR SCIENTISTS