Strengthening the Magna Carta for Scientists, Engineers, Researchers and Other Science and Technology Personnel in the Government, Amending for the Purpose RA No. 8439

April 17, 2019

REPUBLIC ACT NO. 11312

AN ACT STRENGTHENING THE MAGNA CARTA FOR SCIENTISTS, ENGINEERS, RESEARCHERS AND OTHER SCIENCE AND TECHNOLOGY PERSONNEL IN THE GOVERNMENT, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8439

SECTION 1. Section 7 of Republic Act No. 8439 is hereby amended to read as follows:

"SEC. 7. Other Benefits. — Notwithstanding laws and issuances on Compensation and Position Classification System, and Salary Standardization in the Government, science and technology personnel defined under Section 5 of Republic Act No. 8439 shall receive the following:

"(a) Honorarium. — S & T personnel who rendered services beyond the established regular workload of scientists, technologists, researchers and technicians whose broad and superior knowledge, expertise or professional standing in a specific field contributes to productivity and innovativeness shall be entitled to receive honorarium subject to rules to be set by the Department. CAIHTE

"The government shall not impose a limit on the amount of additional honoraria sourced from externally funded grants that may be received by S & T personnel.

"xxx xxx xxx."

SECTION 2. Section 8 of Republic Act No. 8439 is hereby amended to read as follows:

"SEC. 8. Non-DOST S & T Personnel. — S & T personnel not employed by the Department, who are involved in STA may avail of the benefits under this Act upon certification of the Head of their agency that they are involved in research and development or other scientific and technological activities: Provided, That the Heads of agencies shall abide by the guidelines promulgated by DOST for the certification of non-DOST personnel involved with research and development or scientific and technological activities and their entitlement to benefits provided in this Act."

SECTION 3. Section 16 of Republic Act No. 8439 is hereby amended to read as follows:

"SEC. 16. Hiring of Retired Scientists and Technical Personnel. — An employee retired under any existing law, who, in the judgment of the governing board or head of a research agency, possesses technical qualifications and the capability to undertake specific scientific research activities, may be rehired on contractual basis without refunding the unexpired portion of the gratuity and accumulated leave benefits received by him from the Government: Provided, That no qualified science and technology expert is available to undertake said scientific activities.

The services of a scientist who is due for compulsory retirement may be extended for a maximum period of five (5) years: Provided, That the research project is within the priority research and development programs of the DOST and is identified as strategic to the national development as certified by the DOST Secretary: Provided, further, That the scientist is still mentally and physically fit to complete the project: Provided, finally, That the request for extension of services shall be submitted to the Civil Service Commission for approval at least three (3) months prior to the date of the compulsory retirement of the scientist.

"Services rendered during the period of extension shall be credited as part of government service, and such extension shall entitle the employee to leave credits and other benefits."

SECTION 4. Separability Clause. — If any provision of this Act is declared invalid or unconstitutional, the remaining provisions shall remain valid and effective. aScITE

SECTION 5. Repealing Clause. — All laws, decrees, orders, and issuances, or portions thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended or modified accordingly.

SECTION 6. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved: April 17, 2019.

 

Published in the Official Gazette, Vol. 115, No. 31, p. 8202 on August 5, 2019.