SSS Zoemmmmen DENR Compound, Visayas Avenue, Dillman, Quezon City 1116 TolNos. (632)827-1517; 928-3725; Fax No.(632)920-2258 Se Website: yunv.emb.gov.ph Email: recordsco@emb.gov.ph Ss Department of Environment and Natural Resources 8 ENVIRONMENTAL MANAGEMENT BUREAU —— EMB MEMORANDUM CIRCULAR No.8) Series of 2023 SUBJECT: GUIDELINES IN THE GRANTING OF BENEFITS UNDER RA 8439 AS AMENDED BY RA 11312 OR THE MAGNA CARTA FOR SCIENTISTS, ENGINEERS, RESEARCHERS, AND OTHER SCIENCE AND TECHNOLOGY (S&T) PERSONNEL OF THE ENVIRONMENTAL MANAGEMENT BUREAU (EMB) Pursuant to Republic Act No. 8439', or the Magna Carta for Scientists, Engineers, Researchers and other S&T Personnel in Government as amended by Republic Act No. 11312?, and its implementing Rules and Regulations stated in the Department of Science and Technology (DOST) Administrative Order No. 009 series of 2020° and related issuances, the following internal guidelines is hereby adopted by the Environmental Management Bureau: SECTION 1. COVERAGE, 1.1. Science and Technology (S&T) Personnel These guidelines shall cover personnel holding a plantilla position reporting in EMB Central and Regional Offices. Further, in the context of RA 8439 and RA 11312. as well as DOST AO 2020-009, the following are the classifications of the S&T personnel who may qualify for the Certification of Eligibility after meeting all the requirements of this issuance: 1.1.1, S&T Managers, Supervisors, and Planners - graduate degree holders or have at least ten (10) years of managerial experience or are performing executive, planning and policy-making functions to effectively carry out S&T related activities as stipulated in Section 3 of R.A. No. 8439 1.1.1.1, S&T Managers — Director, Assistant Director, and Regional Directors and other positions of equivalent rank (positions with equivalent salary grades of 26 and above). 1.1.1.2, S&T Supervisors — Division Chief, Chief Science Research Specialist, Supervising Science Research Specialist, and other positions of equivalent rank (positions with equivalent salary grades of 22 and above). 1.1.1.3, S&T Planners ~ Planning Officer IV, Project Development Officer IV, Project Evaluation Officer IV, and other positions of equivalent rank and are directly supervising and spending at least fifty percent (50%) of their RA. 8439s hereto attached as Annex A and made an integral part ofthis Guldlines| 2RA. 11312 s hereto attached as Annex Band made an integral part ofthis Guidelines * DOST DAO no. 009, series of 2020s hereto attached as Annex Cand made an integral part ofthis Guidelinesofficial time in S&T planning activiti grade 22 and above) (positions equivalent to salary 1.1.2. Scientists, Engineers, and Researchers and Other Personnel of R & D Institutions and Government Organizations 1.1.2.1, At least bachelor’s degree holders in any of the natural science and engineering courses and are involved in research and development or other scientific and technological activities. .2.Natural science and engineering courses shall include but not limited to, basic/ natural sciences and mathematics, engineering and information and communications technology, medical sciences and agricultural sciences under the Scientific Career System, physical anthropology, physical geography, library and archival sciences, and scientific and technical documentations as approved by the Scientific Career Council (SCC). Note: List of S&T Courses considered is based on Annex I and Annex A of Executive Order No. 901 s. 1983 on Scientific Career System (SCS) dated 01 February 2002 and the selected fields of Social Science per SCC Res. No.12 dated 20 August 1998.4 1.1.2.3. Must spend at least fifty percent (50%) of their official time in conceptualization and application of scientific knowledge, and/or engineering and technological principles, products, processes, methods and systems 1.1.3. Members of the Scientific Career System 1.13.1, This refers to those who have been conferred the rank of Scientist in the Scientific Career System pursuant to Executive Order Nos. 784 and 901 dated 17 March 1982 and 19 July 1983, respectively. 1.2. Scientific and Technological Activiti (S&T Activities) Pursuant to Section 3 (b) of RA 8439, S&T Activities are all systematic activities which are closely concerned with the generation, advancement, dissemination, and application of scientific and technical knowledge in all fields of natural science and technology. Based on EMB’s functions and mandates, the applicable categories of S&T act include: 12.1. Research and Development (R&D) - any systematic and creative work undertaken in the physical, natural, mathematical, and applied sciences to increase the stock of knowledge, and the use of this knowledge to devise new applications. 1.2.2. Scientific and Technological Services (STS) - refers to all systematic activities in support of scientific research and development, which are closely “annex A of .0. 901, 5.1983 is hereto attached as Annex D and made an integral part of this Guidelines,concemed with generation, advancement, dissemination and applications of scientific and technical knowledge in all fields of natural science and technology such as: - library, information and museum services; = geological and hydrological surveys; = information and communications technology services; = _ meteorological and seismological observations; = the compilation of rot - testing, precision measurements, calibration, standardization and quality control; = counseling of clients; ~ patenting and licensing; = engineering and technical services; and = other analogous systematic activities under the foregoing. SECTION 2. QUALIFICATION REQUIREMENTS 21 22. 23. 2.4. ‘The applicant S&T personnel must meet all the following requirements: actively doing any or all of the S&T Activities (STA) as defined in Section 1.2 of this guideline; and as authorized by law or by competent authority; an S&T Personnel holding an S&T position as defined in Section 1 of this guideline. Positions concerned are part of the authorized staffing pattern or organizational units performing S&T functions; hold a Science, Technology, Engineering and Mathematics (STEM) degree or courses listed under the Scientific Career System (Annex I and Annex A as of 1 February 2002 of E.0. 901, s.1983); and division/ unit where he/ she is assigned should be directly involved in the conduct of one or a combination of S&T activities. SECTION 3. DOCUMENTARY REQUIREMENTS To secure the certificate of eligibility for Magna Carta Benefits under RA 8439 as required by DOST Administrative Order No. 2020-009, the following documents shall be submitted by each applicant to the Screening Committees in the EMB Central and the Regional Offices: BL. 32. 33. Memorandum to the Screening Committee endorsing the application for certification by the Division Chief Head of Office where the applicant is reporting at the time of the application; Functions of the service/division/unit/section where the personnel belong as certified by the Division Chief/ Head of Office; Individual matrix containing the following information: position title, salary grade and description of actual duties and responsibilities with corresponding percentage timeallocation as certified by the Division Chief/ Head of Office where the applicant is reporting at the time of the appl 3.4. Certified true copy of diploma/s; 3.5. Cer ied true copy of the academic transcript of records; and 3.6. Other relevant documents [such as ion Performance Commitment and Review (DPCR), Individual Performance Commitment and Review (IPCR), Work and Financial Plan, Position Description Form, ete.)] as may be required by the SC in order to establish the qualifications of the applicant to be certified as S&T personnel. SECTION 4. AGENCY SCREENING COMMITTEE 4.1. Composition of the ASC The EMB Central Office Screening Committee (EMB CO SC) shall be constituted to assist the EMB Director in evaluating the qualification for certification of eligibility. The EMB CO SC shall be composed of the Division Chiefs and the EMB Assistant Director as its Chairperson. Similarly, each Regional Office (RO) shall also create its respective EMB RO SC to be ‘composed of the following: Head, Regional Environmental Laboratory (as Chairperson) Chief, Finance and Administrative Division Chief, Environmental Monitoring and Enforcement Division Chief, Clearance and Permitting Division 4.2. Functions of the SC The functions of the EMB CO/RO SC shall be as follows: 4.2.1. Screen and evaluate applicants; 4.2.2. Submit to the EMB Director its findings and recommendation for approval; 42.3. Monitor the continuity of the STA-related functions of the personnel and make a report to the Head of the Agency in cases of promotion, and/or transfer and termination o automatic revocation of the Certification before the expiration of the certification issued; and 4.2.4, Perform such other related functions as may be necessary to achieve the purpose for which the SC was created. A Secretariat shall also be created to assist the EMB CO/ RO $C in its functions. The report and recommendation of the EMB CO/RO SC shall be signed by all committee members and submitted to the EMB Director for approval. Reports and recommendations of EMB RO SCs shall be reviewed by the EMB CO SC prior to endorsement to the EMB Director.SECTION 5. PROCEDURE FOR APPLICATION 5.1. Application from EMB CO S&T personnel Sid. 5 S13. 5.4. SAS. New applications (complete with required documents) shall be submitted to the EMB CO SC through the SC Secretariat for evaluation. Document must be submitted in hard and electronic format. EMB COSC Secretariat shall screen the completeness of the application and prepare the following: 5.1.2.1, Pre-Evaluation Checklist 5.1.2.2. Notice of Meeting This Checklist must be presented along with the documentary requirements for each personnel during the EMB CO SC evaluation. If documentary requirements are complete, the EMB CO SC shall proceed with the evaluation of the qualifications of the applicant. In case of deficiency in the documentary requirements to establish the eligibility of the applicant, the EMB CO SC shall instruct the Secretariat to request these from the applicant, ‘The EMB CO SC shall prepare and submit its report and recommendation to the EMB Director through a resolution, Upon the recommendation of the EMB CO SC, the EMB Director shall issue the Certificate of Eligibility. Otherwise, a Notice of Denial shall be issued to inform the applicant, detailing the grounds or reasons for the non-approval of the application. All new applications shall be passed upon within fifteen (15) working days from submission of complete documents. New applicants will only be accepted until November 15 of each year. Beyond this, the applicant may submit the application for eligibility in the next fiscal year. 5.2. Application from EMB RO S&T Personnel S21. 5.2.2. ‘New applications (complete with required documents) shall be submitted to the EMB RO SC for evaluation through the SC Secretariat. Document submissions must be hard and electronic copies. EMB RO SC Secretariat shall screen the completeness of the application and prepare the followin; 5.2.2.1, Pre-Evaluation Check 5.2.2.2. Notice of Meeting This Checklist must be presented along with the documentary requirements for each personnel during the EMB RO SC evaluation.5.23. 524, 52.6. 5.2.7. 52.8. 52.9, If documentary requirements are complete, the RO SC shall proceed with the evaluation of the qualifications of the applicant. In case of deficiency in the documentary requirements to establish the eligibility ofthe applicant, the EMB RO SC shall instruct the Secretariat to request these from the applicant. ‘The EMB RO SC shall prepare and submit its report and recommendation to the Regional Director. The Regional Director shall endorse the EMB RO SC’s report and recommendation to the EMB CO SC for review and endorsement to the EMB Director. EMB CO SC shall review the reports and recommendations of EMB RO SCs. Upon the recommendation of the EMB SC CO through a resolution, the EMB Director shall issue the Certificate of Eligibility if the applicant satisfies the requirements for certification. Otherwise, a Notice of Denial shall be issued to inform the applicant through the EMB RO SC concerned, detailing the grounds ‘or reasons for the non-approval of the application. All new applications shall be passed upon within fifteen (15) working days from the submission of complete documents from the Regional Offices. New applicants will only be accepted until November 15 of each year. Beyond this, the applicant may submit the application for eligibility in the next fiscal year. 5.3. Application for Renewal 53.1. 53.2. All applications for renewal of certification shall be acted upon before the expiration of the Certificate of Eligibility. For this purpose, the renewal application deadline is set on October 31 of each year. In case the employee is promoted/ reassigned or when his/her position/ functions have changed, the individual matrix should indicate the description of his/her new position/functions as well as the functions of his/her new univstation. 5.4. Application of EMB Officials 54.1. 5.5. Remedies in case of Denial of Applic 55.1 ‘The application for certification of eligibility of the EMB Director, Assistant Director, and Regional Directors (e.g., with positions of Salary Grades 26 and above) shall follow the requirements and process of the DENR Central Office Screening Committee for RA 8439. én In case of denial of the application, the EMB CO SC (for the Central Office) or the EMB CO SC through the EMB RO SC (for the Regional Offices), shall notify the applicant in writing stating therein the reason/s for non-approval of the application.5.5.2. The applicant may file a Request for Reconsideration with the EMB CO SC within five (5) working days upon receipt of the notice, The EMB CO shall resolve the request within five (5) working days from receipt thereof. 5.5.3. The applicant may file a protest through a letter before the EMB Director within five (5) working days from receipt of the notice denying the Request for Reconsideration. Failure of the applicant to file the protest within five (5) working days from receipt of the notice of denial of the Request for Reconsideration shall bar the applicant to file the same. Thus, the Notice of Denial of the EMB Director becomes final and executory. 5.5.5. The EMB Director shall resolve the protest within fifteen (15) working days thereof. Denial of the protest by the EMB Director shall be final and executory. Notices of Denial or filing of the Request for Reconsideration/Protest may be undertaken through electronic mail using the official email of the EMB CO SC. 5.6, In the case where S&T Personnel has already been issued the Certificate of Eligibility to any Magna Carta Benefits in this Circular and has undergone promotion or any change in position and functions, the personnel through the Immediate Supervisor or the respective Human Resource Office shall update the EMB CO SC within ten (10) working days from assumption of the duties. In the case of the ROs, the notification to the EMB CO SC shall be through the concerned RO SC. The notification shall include the following: 5.6.1. Updated matrix of duties and responsibilities certified by the Division Chief or Immediate Supervisor; 5.6.2. Memorandum of endorsement to the SC signed by the Division Chief or Immediate Supervisor; and 5.6.3. Proof of change in position/ appointment/ functions! etc. (¢.g., Appointment Papers, Special Order, Position Description Form, etc.) as may be required by the SC. SECTION 6. GUIDELINES FOR DETERMINING THE CORRESPONDING HAZARD ALLOWANCE RATE AND OTHER MAGNA CARTA BENEFITS UNDER RA 84395 6.1. Hazard Allowance Hazard Allowance may be granted to EMB S&T Personnel based on the following two (2) categories: * As stated in DOST DBM Joint Circular No, 01 Series of 2013 hereto attached as Annex E and made an integral part of this Guidelines.6.1.1. 6.13. High Risk to Hazards ~ S&T Personnel that are at high risk to hazards are those that have direct and unavoidable exposure in the following areas: 6.1.1.1, Work areas including laboratories and service workshops that pose risks or dangers to health and safety due to dangerous working conditions or environmental elements such as: contaminants; ionizing radiation; electromagnetic radiation; communicable and contagious diseases; combustible, explosive, reactive, corrosive, and toxic chemicals and biological substances; absence of adequate supply of safe and potable water; and operation of hazardous equipment; 6.1.1.2, Remote areas, depressed areas, and hardship posts characterized by difficult terrain, distance, inconvenience of travel, due to bad roads and conditions of the terrain, isolation, inaccessibility, and extreme weather conditions; Embattled or strife-tom areas which are sites of armed encounters between government troops and enemy forces and/or enemy- initiated attacks, raids, or ambuscades, as may be declared by the Department of National Defense; Work areas under state of calamity or emergency where there are: earthquake, tsunami, volcanic activity/eruption, lahar and pyroclastic flows, floods, landslides, and other natural hazards; and, Work areas that are considered natural danger zones. Low Risk to Hazards - S&T Personnel that are at low risk to hazards are those exposed to less degree of occupational risks, perils to life, or physical hardships such as: 6.1.2.1. in work areas in prison camps, drug rehabilitation centers and ‘mental health institutions; or 6.1.2.2. in frequent interaction with employees working in the laboratory or highly hazardous areas. ‘The Hazard Allowance shall be on a monthly basis and must be based on the degree of risk to hazards as specified by 6.1 and 6.2 above, and the number of workdays of actual exposure over 22 workdays in a month, at rates not to exceed 30% of monthly basic salary. In case of exposure to both high risk and low risk hazards, the Hazard Allowance for the month shall be based on only one risk level, whichever is more advantageous to the S&T Personnel. Level of Risk Actual High Risk Low Risk Exposure 15 or more days 30% of monthly basic salary | 15% of monthly basic salary B to 14 days 23% of monthly basic salary | 12% of monthly basic salary Less than 8 days 15% of monthly basic salary | 10% of monthly basic salaryHazard allowance (per month) = Salary of personnel x % of basic monthly salary x 6.1.4. 6.19. 6.1.10. 6.1.1 No.of days of exposure 22 day Based on the above matrix, the certification of eligibility to be issued for hazard pay entitlement shall indicate the rate of hazard allowance per personnel as either 30% or 15% only. Deductions to this rate shall be based on the actual davs of exposure per month based on the individual's Daily ‘Time Record (DTR) and other supporting documents pursuant to the procedure related to HA Form I. AA separate portion in the certification of eligibility will be provided for those personnel who will qualify for the hazard allowance. It should be made clear that though the personnel may be issued a Certification of Eligibility, this does not automatically imply that the hazard allowance is included in the entitlement. The actual workplace of the applicant will be evaluated as well as his/her duties and respor in order to determine if he/she is qualified to receive the hazard allowance. Each EMB RO SC shall screen and evaluate the S&T employees of the actual number of days exposed to hazard and recommend to the respective Regional Director for approval and endorsement of the Hazard Allowance Form | (HA Form 1 —Annex F of the guidelines). ‘The HA Form 1 should indicate the agency’s functions and in functions of the applicants with their individual degree of risk to hazard and their actual hazard exposure. The HA Form I for the ROs will be prepared by the EMB RO SC to be approved by the Regional Director. For EMB CO, the Section Chiefs will endorse the concerned personnel in their offices using the same form to the Division Chief for approval and subsequent endorsement. HA Form 1 for the EMB CO Division Chiefs will be prepared by the Human Resource Management and Development Section to be approved by the EMB Assistant Director. ‘The accomplished HA Form 1 shall be endorsed to the EMB CO SC along with the other documents for the application for the Certification of Eligibility. The EMB CO SC shall then evaluate the hazard exposure of the endorsed personnel. Additional documents may be required by the Committee. Also, they may conduct a random check or ocular inspection in the work areas of the applicants. ‘The EMB CO SC then submits its recommendation to the EMB Director. will then serve as the basis for issuance of the Certification of Eligibility that includes the entitlement to hazard pay to the qualified personnel. Pursuant to DOST-DBM JC No. 01, series of 2013 and DOST Administrative Order No. 10, series of 2013, additional guidelines are hereby provided in determining whether the work areas of functions of the personnel are of high risk or of low risk as well as in the determination of days of actual exposure tohazard and calculation of the hazard allowance to be received by the qualified personnel: 611A. 6.1.12, 6.1113. 6.1114. 6.1115. S&T Personnel in the EMB Laboratories shall be qualified to receive the hazard allowance following the high-risk rates provided based on Section 6.1.1. Provided that they meet the conditions in Section 6.1.2, all eligible S&T Personnel involved in sampling activities, inspection, and other technical activities of the EMB shall qualify for a low-risk rate hazard allowance. In case that actual exposure for a specific period met the conditions in 6.1.1.1, the concerned personnel may qualify for high-risk rate upon submission of the verified Certificate of Actual Exposure (CAE ~ Annex G of the guidelines) supporting documents. The personnel shall receive the additional hazard pay allowance for the corresponding month after the approval of the CAE by the EMB Director upon recommendation of the EMB CO SC. Hazard allowance rates can be changed if the work place of the personnel under evaluation meets any of the conditions in 6.1.1 or 6.1.2. Ifany of the conditions in 6.1.1 and 6.1.2 is not met, then the person is not entitled to receive the hazard allowance. In the calculation of amount to be received per month of those issued the Certification of Eligibility that includes the Hazard Allowance, the following should be used as guide in the calculations: 6.1.11.5.1. When the person is on official travel to attend conferences, seminars, training activities and similar engagements, these days should not be included in the calculation of the hazard allowance. When the person is on official travel and the destination will cause either high-risk exposure (e.g., laboratories) or low-tisk (facility inspections), only the actual number of days exposed to the hazardous area should be included in the calculation. 61.11.52. The information that should be used in the counting should include, but are not limited to, documents such as Approved Travel Orders, Signed Travel Reports, Certificate of Appearance, Geotagged Photos, etc. 6.1.11 If the person was determined to be at high risk due to conduct of facility inspections whereby the facility meets the description in 6.1.1, then only those days per month that the person went to these places should be counted in the hazard allowance determination considered as high risk for that month,62. Subsistence Allowance ‘The following guidelines shall apply for the determination of subsistence allowance for qualified personnel. 62.1. 623. 62.4, S&T Personnel who are required to render services within the premises of offices, laboratories, field operation centers, research and development centers, and other S&T facilities, and to make their services available at any and all times may be entitled to Subsistence Allowance, S&T Personnel under the following circumstances are not entitled to Subsistence Allowance: 62.2.1. When not required to make their services available at all times such that they leave their work stations during break-times; 62.2.2. When on leave of absence, with or without pay; While on official travel and entitled to travel expenses under E.0. No. 298 and as amended; and 62, 62.2.4. While attending trainings, seminars, workshops, and similar activities where meals are provided. The Subsistence Allowance for the S&T Personnel shall be: 62. ime service; and PHP 150.00 for each day (8 hours) of actual full-t 62.3.2. PHP 75.00 for each half-day (4 hours) of actual service. For services less than 4 hours, the employee shall not be entitled to Subsistence Allowance. 6.3, Laundry Allowance 63.1. S&T Personnel assigned in offices, laboratories, field operations centers, research and development centers, and other S&T facilities and who are required to wear personal protective clothing or uniforms at all times while working, in order to provide them the required degree of protection at work, while reassuring clients of their professionalism, competency, and identity, may be granted Laundry Allowance to defray the cost for washing and pressing the uniform/protective clothing. An S&T Personnel who rendered actual service on all workdays in a month may be granted Laundry Allowance at PHP 500.00 per month. ‘An S&T Personnel who rendered less than a month of actual service may be granted the Laundry Allowance for the month, LA, corresponding to the number of days of actual services rendered, computed using the following formula:63.4. (PP S000, (_1 month_)(D days of actual services rendered) month 122 workdays To simplify, LA = (22.727) (D) 64, Free Living Quarters or Quarters Allowance 64.1. 6.4.2. 6.43. Personnel on duty in laboratories, research and development centers, and other S&T facilities, shall be entitled to Free Living Quarters within government facilities where they are stationed, provided, that their residences are outside of the 50-km radius from such government facilities, Availing of Free-Living Quarters shall be subject to the availability thereof, and shall include telephone, water, and electricity for basic needs. In the absence of Free-Living Quarters, each qualified S&T Personnel shall be granted Quarters Allowance at the prevailing rental rate in the locality, until Free Living Quarters are available. 65. Longevity Pay Section 7(g) in relation to Section 8 of R.A. No. 8439 provides that a monthly Longevity Pay equivalent to 5% of the current monthly basic salary shall be paid to the S&T Personnel for every 5 years of continuous and meritorious services from the issuance of the initial certification by the Head of Agency. 65.1 65.2. 65.3. 65.4. To be entitled to the Longevity pay, the S&T Personnel who holds a plantilla or regular position in the agency shall have rendered at least satisfactory performance on all rating periods covered by the 5-year period, and has not been found guilty of any administrative or criminal case within the said period. ‘The grant of Longevity pay to an S&T Personnel on leave of absence with or without pay for more than 3 months shall be deferred corresponding to the period of leave of absence in order to complete the service and performance rating requirements. ‘The first Longevity Pay, LPI, shall be based on the monthly basic salary, $1, as of the LPI, effectivity upon completion of the first 5 years of service as S&T Personnel. The second Longevity Pay, LP2, shall be based on the monthly basic salary, $2, as of the LP2 effectivity and so on. The total Longevity Pay, LPT, at any given time shall be the sum of LP1 up to the latest Longevity Pay, LPn, Thus, LPI =(0.05)(S1) LP2 = (0.05)(S2) LPn = (0.05)(Sn) LPT=LPI+LP2+..... LPn ‘The LP shall be a separate benefit not integrated into the basic salary.6.6. Salary Increase for Retirement Benefit and Terminal Leave Benefit Purposes 66.1. Upon retirement, an S&T Personnel shall automatically be granted one (1) salary grade higher than his/her basic salary and retirement benefits shall be computed based on the highest salary received, under Section 14 of R.A. No. 8439, 6.6.2. Consistent with the clarification on a similar issue expounded in the “Primer on the GSIS Act of 1997 (RA 8291),” the effectivity of the 1 salary grade increase “upon retirement” shall take effect on the last day of service of the retiring S&T personnel. This will affect the computation of: 6.6.2.1. Retirement gratuity under RA No. 1616 which is based on the highest salary received (but with negligible effect on the computation of the retirement benefits under RA No. 660, Presidential Decree No. 1146, and RA No. 8291; and 66.2.2. Terminal Leave Benefit. 6.63. Ifthe position of an S&T Personnel is covered by RA No. 6758, as amended, the 1 salary grade increase on his/her last day of service shall be based on the applicable salary schedule for the NGA or GOCC concemed. For example, if the salary of an S&T personnel is at SG-18 Step 7, it shall be adjusted to SG- 19, Step 7. 66.4. If the position of an S&T Personnel is covered by RA No. 6758, as amended, the I salary/ job grade increase on his/her last day of service prior to retirement. shall be based on the salary schedule authorized by the agency. SECTION 7. ISSUANCE AND VALIDITY OF THE CERTIFICATE OF ELIGIBILITY Entitlement of S&T personnel to the Magna Carta benefits under RA No. 8439, as amended, shall be upon the issuance of the Certificate of Eligibility by the EMB Director. The certificate shall be valid for one (1) year only subject to renewal upon compliance with the requirements provided in these guidelines. Within its validity period, the certification can be subject to updating or revocation, SECTION 8. TERMINATION OF ENTITLEMENT Entitlement to the Magna Carla Benefits under R.A. No. 8439 shall be terminated when the grantee ceases to perform as S&T personnel by reason of retirement, death, resignation, transfer, dismissal, reorganization, phase out activity, promotion to a non-S&T po change of position description, or such other analogous causes. SECTION 9. UPDATING OF REQUIREMENTS, ‘These guidelines shall be updated or amended when the DOST and other agencies involved in the implementation of the provisions of RA 8439 issues amendments or clarifications to the existing policies that served as basis in the creation of this guideline.SECTION 10. SEPARABILITY CLAUSE If any provision of this Circular shall be held invalid or unconstitutional, the other portions or provisions hereof which are not affected shall continue in full force and effect. SECTION 11. EFFECTIVITY ‘These revised guidelines shall be effective immediately. Insofar as it does not prejudice ‘or impair vested rights in accordance with the Civil Code of the Philippines and other existing laws, the same shall have retroactive effect starting 01 January 2023. Further, it shall remain in force unless otherwise revoked or amended. Signed this 6 day of OCT 2023, 4 GILBERT C. GO! Bas CESO Lt Director and concurrent Assistant Secretary for Field OperationsANNEX A S.No. 2172 Republic of the Philippines Congress of the Philippines Metro Manila Denth Congress Third Regular Session —_——__—_ Ey} Begun and held in Metro Manila, on Monday, the twenty-eighth day of July nineteen hundred and ninety-seven. [REPUBLIC ACT NO. 8439] 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 4. Title. - This Act shall be known as the "Magna Carta for Scientists, Engineers, Researchers and other S & T Personnel In the: Government.” SEC. 2. Declaration of Policy. - The State recognizes science and technology as an éssential element for the attainment of national developmeht and progress. To attain this objective, itis 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 science and engineering scholarship programs, Improvement of the quality of science and engineering education, popularization of science culture, and provision of incentives for pursuing careers in science and technology. SEC. 3. Definition of Terms. (a) Department - refers to the Department of Science and Technology (DOST) created under Executive Order No. 128. (b) Scientific and Technological Activities (STA) - all systematic activities which are closely concerned with the generation, advancement, dissemination, and application of scientific and technical knowledge in all fields of natural sclence.and technology. STA may be classified into three broad groups, namely: (1) Research and Experimental Development (R & D) - Any systematic and creative work undertaken in the physical, natural, mathematical.and applied sciences by using methods in order to increase the stock of knowledge, and the use of this knowledge in these fields to devise new applications. (2) Scientific and Technological Services (STS) - Activities in support of scientific research and development, dissemination and applications of scientific and technical knowledge (i.e. library, Information and museum services; geological and hydrological surveys; meteorological and seismological observations; compilation of routine statistics; testing, standardization and quality control; counseling of clients; patenting and licensing; engineering and technical services); and (3) Scientific and Technical Education and Training (STET) - All activities comprising higher-education and training leading to a university degree, post-graduate and further training, organized lifelong training for scientists and engineers, and specialized non-university higher education. SEC. 4. Science and Technology Career System. - A career system for science and technology personnel in the service of the government which is patterned after the Scientific Career System (SCS) shall be formulated by the DOST in coordination with the Civil Service Commission.SEC. 5. Classification of S & T Personnel. - S & T personnel may be classified in the following categories: (a) S & T managers, supervisors, and planners. - Those who are graduate degree holders or have at least ten (1 0) years of managerial experience or are performing executive, planning and policy-making functions to effectively carry out STA related activities as defined in Section 3 of this Act; (b) Members of the scientific career system; (c) Scieritists, engineers and researchers. - Those who are at least undergraduate degree holders in any of the natural science and engineering courses and are involved in research and development or other scientific and technological activities; and (d) DOST techniclans and related S & T personnel. - Those who obtained-at least twelve (12) units.in science, engineering and other related courses or any appropriate training as determined by the Secretary of the Department and are providing support services to S & T. personnel enumerated in the three (3) preceding sub-sections, SEC. 6. Sa/aries. - The existing law on salary Scales of government employees shail not apply in determining the salary scale of science and technology personnel as defined in Section 5 of this Act. A new salary scale shall be developed by the Department in consultation with the Department of Budget and Management and the Civil Service Commission, subject to the approval of the President. SEC. 7. Other Benefits. - Notwithstanding Section 12 of Republic Act No, 6758, sclence and technology personnel defined under Section § of this Act shall receive the following: (a) Honorarium. - S & T personnel who rendered services beyond the established irregular 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;(b) Share In Royalties. - S & T scientists, engineers, researchers and otherS'&T personnel shall be entitled to receive share in royalties subject to guidelines of the Department. The share in royalties shall be on a sixty percent-forty percent (60%-40%) basis in favor of the Govemment and the personnel involved in the technology/actlvity which has been produced or undertaken during the regular performance of their functior's. For the purpose of this Act, share in royalties shall be defined as a share in the proceeds of royalty payments arising from patents, copyrights and other intellectual property rights; ‘ If the researcher works with a private company and the program of activities to be undertaken has been mutually agreed upon by the parties concerned, any royaity arising therefrom shall be divided according to the equity share In the research project; (c) Hazard Allowance. - S & T personnel involved in hazardous undertakings or assigned In hazardous workplaces, shall be paid hazard allowances ranging from ten (10%) to thirty (30%) percent of their monthly basic salary depending on the nature and extent of the hazard involved. The following shall be considered hazardous workplaces: (1) Radiation-exposed laboratories and service workshops {2) Remote/depressed areas (3) Areas declared under a state of calamity or emergency (4) Strife-torn or embattled areas (5) Laboratories and other disease-infested areas (d) Subsistence Allowance. -S & T.personne! shall be entitled to full subsistence allowance equivaient to three (3) meals a day, which may be computed and Implemented tn accordance with the criteria to be provided in the implementing rules and regulations, Those assigned out of their regular work stations shall be entitled-to per diem in place of the allowance; (e) Laundry Allowance. - S & T personnel who are required to wear a prescribed uniform during office hours shall be entitled to a laundry allowance of not less than One hundred fifty pesos (P150.00) a month;() Housing and Quarter Allowance. - S & T personnel who are on.duty in laboratories, research and development centers and other government facilities. shall be entitled to free living quarters within the government facility where they are statloned: Provided, That the personnel have their residence outside of the fifty (50)-kilometer radius from such government facility; (g) Longevity Pay. - A monthly longevity pay equivalent to five percent (5%) of the monthly basic salary shall be paid to S & T personnel for every five: (5) years. of continuous and meritorious service as determined by the Secretary of the Department; and (h) Medica! Examination. - During the tenure of their employment, S &T personnel shall be given a compulsory free medical examination once a year and immunization as the case may warrant. The medical examination shall include: (1) Complete physical examination (2) Routine laboratory, Chest X-ray and ECG (3) Psychometric examination (4) Dental examination (5) Other indicated examination 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 Secretary of the Department. SEC. 9. Scholarships and Grants. - S & T personnel in Public and Private sectors shall be entitled to avail of scholarship benefits and grants for pursuing undergraduate, graduate, post-graduate or training courses in accordance with a Scholarship Program to be implemented by the Department. Grantees of the program may study within the Philippines or abroad provided that the Department shall provide strict measures to ensure their return to the country to render the service obligation. Recipients of undergraduate scholarships shall, after graduation, be required to render service in the government for the equivalent number of years that they availed of their scholarships. However, in case where there are no available positions, in the government, they may be allowed to work in the private sector.Scholarship privileges may be on a full-time or part-time basis and shall include tuition fee, book allowance, transportation allowance, monthly stipend, dissertation grants, insurance and the payment of regular salary and other benefits. For this purpose, the Human Resource Development Council created under Republic Act No. 8248 shall formulate the rules and tegulations and implement the Scholarship Program provided in this Act. SEC. 10. Honorarium for Other Services. - Scientists, engineers, researchers, technologists, technicians and other S & T personnel shall be allowed to render consultancy services to the private sector and shall be entitled to receive such honorarium that may be paid to them by the private entity concerned, Such payments shall be over and above their salary from the government during the period of the consultancy and shall not be considered as double compensation: Provided, That the consultancy work will not jeopardize or adversely affect the operations or activities of his originating office: Provided; further, That the Secretary of the Department approves such consultancy. SEC.11. Detail to the Private Sector. - Provisions of existing laws notwithstanding, scientists, engineers, researchers and other S & T related personnel who are employed on a regular basis in. the government, whether or not they are conferred any rank under the Scientific Career System, shall hereby be allowed secondmentto any private entity whenever such services are required: Provided, That the duration of such service with a private entity shall not exceed one (1) year: Provided, further, That the detall or secondment of said personnel will not hamper or adversely affect the operations or activities of his originating office: Provided, finally, That the head of the agency approves such detail or secondment. During the period of such secondment, payment of the seconded employee shall be borne by the seconding private entity covered by a contract. The period of secondment shall be used in computing the retirement benefits but not for the commutation of leave credits earnedin the mother agency. Such secondment shall not likewise aftect his security of tenure nor result in the loss of seniority rights subject to guidelines on secondment in the IRR of this Act. SEC, 12. Exemption trom the Attrition Law and Civil Service Rule on Nepatism. - Appointment of S & T personnel to positions of research assistant and upwards shall not be covered by the Attrition Law and CSC nile on nepotism in consideration of the highly technical nature of these positions. SEC, 13. Provision Against Double Benefits. - S & T personnel already receiving the same benefits under any other law shall not be allowed to avail of the benefits under this Act unless they submit in writing their intention to withdraw the benefits already being received and opt for thase provided hereunder. SEC. 14. Highest Basic Salary Upon Retirement. - Upon retirement, the S & T personnel concerned shall automatically be granted one (1) salary grade higher than his/her basic salary and his/ her retirement benefits shall be camputed on the basis of his/her highest salary received. SEC. 16. Profibition Against Diminution and/or Elimination. Nothing in this law shall be construed to eliminate or in any way diminish benefits being enjoyed by S & T personne! at the time of the effectivity of this Act. 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 expertis available to undertake said scientific activities. SEC, 17. Government Scholars and Training Grantees. - Graduates or grantees of government S & T scholarship programs or trainings shall be given temporary waiver of CSC eligibilities for at least two (2) years and preferential access to financial grants from any government agency authorized to extend grants and to loans with easy terms from government financing institutes, for sclence and technology projects which are viable and in line with the development thrust of the country.SEC. 18. Science and Technology Awards. - There shall be established Science and Technology Awards Committee which shall confer annually the Science and Technology Awards for outstanding achievement/s and excellence or original contribution to science and technology. The Committee shall promulgate the guidelines in implementing this Section and shall specify the categories of awards to be given and the amount of financial reward for each category. SEC. 19. Congressional Commission oa Sclence and Technology. - There Is hereby created a Congressional Commission on Science and Technology (S and T COM) to review and assess among others, the state of the Philippine human resources developmen’ in S &T, the state of computerization and information technology in the Philippine economy and society, and the implementation of this Act. The Commission shall be composed of five(5) Members of the House of Representatives and five (5) Members of the Senate. It shall be co- chaired by the Chairpersons of the Committee on Science and Technology of both Houses of Congress. Such congressional review shal) be undertaken at least once every five (5) years. SEC. 20. Funding. - The amount necessary to fully implement this Act shail be provided in the General Appropriations Act (GAA) of the year following its enactment into law under the budgetary appropriations of the DOST and concerned agencies SEC. 21. Annual Report. - The Secretary of the Department shail submit to the Congressional Commission on Science and Technology, an annual report of the status of implementation of this Act. SEC. 22. implementing Rules and Regulations. - The Department, in consultation with government and nongovernment agencies involved in STA, shall formulate the implementing ru'es and regulations to carry out the provisions of this Act. SEC. 23. Repealing Clause. - Ail laws, decrees, orders, rules anid regulations, or parts thereof, inconsistent with the provisions of this Act are hereby amendéd or repealed accordingly. SEC. 24. Separability Clause. - The provisions of this Act are hereby declared separabie. in the event that any provision hereof is rendered unconstitutional, those that are not affected shall remain valid and effective.SEC. 26. Effectivity. - This Act shail take effect Immediately after publication in two (2) newsnvapers of general circulation. Approved, rasidgfit of the Senate of Reprosentativos This Act which is a consolidation of House Bill No. 6095 and Senate Bill No. 2172 was finally passed by the House of Representatives and the Senate on December 16,1997. E:LEYNES, JI Secretary of the Sena Approved: December 22,1997 FIDEL V. RAMOS. President of the PhilippinesANNEX B S. No. 1534 IL Ne. 8734 Republic nf the Bhilippines Congress of the Philippines Mleteo Alanila Seventeenth Congress ‘Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen. [RepusucAcrNo. 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 Be it enacted by the Senate ancl House of Representatives of the Philippines in Congress assembled: SECTION 1. Section 7 of Republic Act No. 8439 is hereby amended to read as follows: EC. 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. ~ $ & 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 ta rules to be set by the Department. “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. SEC. 2 Section 8 of Republic Act No. 8439 is hereby amended to read as follows “880. 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.” SBC. 3. Section 16 of Republic Act No. 8439 is hereby. amended to read as follows: } “Suc. 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 eaid 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 DOS? and is identified as strategic to the national development as certified by the DOST Seeretary: 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 ‘ervices rendered during the period of extension shall be credited as part of government service, and uch extension shall entitle the employee to leave credits and other benefits.” SBC. 4. Separability Clause. ~ If any provision of this Act ia declared invalid or unconstitutional, the remaining provisions shall remain valid and effective. SEC. 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 secordinglySEC. 6. Hjfectivity. - This Act chall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation, Approved. GLOR/MACAPAGAL-ARROYO VICENTE C/ SOTTO III ‘Speaker of the House President ofthe Senate of Representatives This Act which is « consolidation of Senate Bill No. 1534 and House Bill No. 8734 was passed by the Senate of the Philippines and the House of Representatives on February 6, 2019, / c Owe Dare Rparre]JUsLiNo Mea MARIE D. VILARICA Menger Caner Setar of he Sete Hous of Representatives Approved: app 17 2019 4 OA DUTERTE President of the Philippines ° ‘ase i IR Office of the President MALACARANG RECORDS OFFICE | CERTIFLER COPY { any. E. FERROUINO-ERAD OIRECTOR’ ANNEX C 4682 OFFICIAL GAZETTE Vou. 116, No. 28 MGA ALITUNTUNIN KAGAWARAN, KAWANIHAN AT TANGGAPAN AT MGA KAUTUSANG PAMPANGASIWAAN [DEPARTMENT, BUREAU AND OFFICE ADMINISTRATIVE ORDERS AND REGULATIONS] Department of Science and Technology REPUBLIC OF THE PHILIPPINES DEPARTMENT OF SCIENCE AND TECHNOLOGY DOST COMPLEX, GEN. SANTOS AVE., BICUTAN, TAGUIG CITY P.O. BOX 3596 MANILA WEBSITE: www-dost.gov.ph TEL. No. 837-20-71 To 82 / 837-2171 To 89 FAX NO. (02) 837-29-37 RECORDS: (02) 837-74-83 no_009 OST Administrative Order Series of 2020 Subject: GUIDELINES IN THE CERTIFICATION OF ELIGIBILITY OF NON-DOST SBT PERSONNEL UNDER REPUBLIC ACT NO. '8439, AS AMENDED BY REPUBLIC ACT NO. 11312 Pursuant to Section 2 of Republic Act (RA) No. 11912, otherwise known 1as-An Act Svengthening the Magna Carta for Scientists, Engineers, Researchers land Other Ssence and Technology Personnel in the Government, amending for the Purpose Republic Act No. 8429", these guidelines are hereby promulgated for ‘adoption by non-DOST agencies in government that are involved in scintic and {echnologial actvbes (STA, neusing State universes and colleges (SUCS), to ‘ystematize and facta the evaluation of appcatons for certieation ofthe SSentifle and tectnological (S87) personne! eligible to avall of the benefits provided under RA No.8439 as amended by RLA.No 11312 |. COVERAGE ‘Ts DOST Administrative Order shall cover personnel in goverment agencies outside the DOST who are involved in sdiontfic and technological ‘etivtas (STA). For this purpose, “DOST” shall refer fo the DOST and its agencies 1 POLICIES: ‘Any government S&T personnel not employed by the DOST (or non-DOST ‘S&T personnel) may avall of the benefis under RA. No. £439 as amended, provided that such personnel are certified bythe head of ther respecve agencies {hat they ae engaged in STA : ‘Any non-DOST S&T personnel desing to aval of the benefits provided under RANO 8439, 38 amended, shall have i appiy for certification of eligi in ‘ccordance with tse guidelines ‘Agplcation for carifcaton sal be done on an individual basis 1M, OBJECTIVE “These guidelines shal provide the quaiicatons and procedure in certifying Non-DOST S81 personnel invelved in STA in order fr them to aval ofthe benefits provided under R.A. No. 8439 as amended Ju 13, 2020 'V. AUTHORITY TO Pursuant tc these guidelines « STA, For this pu exercises supervi national governm universities (SUC: agencies, bureau: considered: Prov 1987 or otherwise that the respect instrumentalities s ‘The head ¢ personnel by the £ the guidelines. V. CLASSIFICATION Pursuant to (STA) are all syste advancement diss: in all fields of natu broad groups, nam 1. Research and undertaken in increase the stc applications; 2. Scientific and” in support of sci with generation, technical knowit information anc information anc seismological precision meas counseling of « services; and ot 3. Scientific and activities compr degree, graduat for scientists ancVou. 116, No. 28 IHAN AT GASIWAAN ®DERS AND ‘gy oF No. ‘hers 9 fo ‘ed for ieand 39), 10 Ter atts ment ait Dost ‘ded, wide iyin ‘ying fot Juvy 13, 2020 OFFICIAL GAZETTE 4683 IV, AUTHORITY TO CERTIFY S&T PERSONNEL Pursuant to Section 2 of R.A. No. 11312, Heads of Agencies, shall abide by these guidelines when issuing @ certification that their personnel are involved in STA For this purpose, the ‘Head of Agency" shall refer to the person/entity who exercises supervision and control over the agency such as the Secretary for the national government agencies (NGAs) or the President for state colleges and universities (SUCs: Provided, that in the identification of the heads of attached agencies, bureaus and offices, their respective organizational structure shall be considered: Provided, further, that the provisions of Executive Order No. 292, s. 1987 or otherwise known as the “Administrative Code of 1987". Provided, further that the respective charters of the SUCs, government units, office or instrumentaities shall also be considered. ‘The head of an agency, as referred herein, may also be certified as S&T personnel by the Agency Head of the supervising agency/office for the purpose of the guidelines. V. CLASSIFICATION OF STA Pursuant to Sec. 3 (b) of RA No. 8439, scientific and technological activities (STA) are all systematic activities which are closely concemed with the generation, advancement dissemination and application of scientific and technical knowledge in all fields of natural science and technology, STA may be classified into three broad groups, namely: 4. Research and Development (R&D) is any systematic and creative work undertaken in the physical, natural, mathematical, and applied sciences to increase the stock of knowledge, and the use of this knowledge to devise new applications; 2. Scientific and Technological Services (STS) refers to all systematic activities in support of scientific research and development, which are closely concerned with generation, advancement, dissemination and applications of scientific and technical knowledge in all fields of natural science and technology (ie. library, information and museum services; geological and hydrological surveys, information and communications technology services; meteorological and seismological observations; the compilation of routine statistics; testing, precision measurements, calibration, standardization and quality control; counseling of clients; patenting and licensing; engineering and technical services; and other analogous systematic activities under the foregoing); and 3. Scientific and Technical Education and Training (STET) refers to all activities comprising higher education and training leading to a university degree, graduate, postgraduate and further training, organized lifelong training for scientists and engineers, and specialized non-university higher education.4684 OFFICIAL GAZETTE Vot. 116, No. 28 ME eee duty 13, 2020 VI. CLASSIFICATION OF S&T PERSONNEL C. Members oj A. S&T Personnel may be categorized as: 4. S&T managers, supervisors, and planners; Memi 2. Members of the Scientific Career System; conferred tr 3. Scientists, engineers, and researchers; Executive C 4. Personnel of R&D institutions and other government organization provided respectively that a. the STA and S&T-related functions of the agency are authorized by law Scientists ‘or by competent authority; Institutions b. the personnel is actualy involved in STA es mentioned in Item V hereof, and Scier ‘the position of the concemed personnel is part ofthe authorized staffing institutions patter of the organizational unit performing STA. any public ‘organizatior 8. 1 vi Pl natural scie developmer S&T managers, supervisors and planners are those who are graduate engineering degree holders or have at least 10 years of managerial experience or are mathematic performing executive, planning and policy-making functions to effectively carry medical sci out S&T related activities as defined in Section 3 of RA. No, 8439 (Item V physical an hereof). scientific ar Council (SC 4. S&T Managers are those who are employed in R&D institutions or other government organizations conducting STA and who occupy the positions of Scie Secretary, Undersecretary, Assistant Secretary, Executive Director, mentioned. Director, Regional Director, Deputy Executive Director, Deputy Director, conceptual Department Service Chief, and other officers of equivalent rank as may be eal cena identified by the Career Executive Service Board, S&T managers are those who are directly supervising STA. S&T manager positions are with equivalent Py salary grades of 27 and above. eer 2, S&T Supervisors are those who are employed in R&D institutions or other Syston (Si goermet organizations conducting STA and who occupy the positions of nessa Associate Scientist, Assistant Scientist, Division Chief, Chief Science Research Specialist, Supervising Science Research Specialist, and other positions of equivalent rank S&T supervisor positions are with equivalent AST salary grades of 22 and above. ‘The following 3. S&T Planners are those who are employed in R&D institutions or other personnel ol ie government organizations conducting STA and who occupy the positions of Planning Officer IV, Project Development Officer IY, Project Evaluation ete eo Officer 1V, and other positions of equivalent rank and afe directly supervising any or and spending at least fity percent (50%) oftheir official time in S&T planning guidetir activities. S&T planner positions are with equivalent salary grades of 22 and neler! above, defined authori: ©. The a Mathen Systerr116, No. 28 a Juwy 13, 2020 OFFICIAL GAZETTE C, Members of the Scientific Career System Members of the Scientific Career System are those who have been conferred the rank of Scientist in the Scientific Career System pursuant to Executive Order Nos. 784 and 901 dated 17 March 1982 and 19 July 1983, nization provided respectively. luthorized by law D. Scientists, Engineers and Researchers and Other Personnel of R&D Institutions and Government Organizations. in tem V hereof institutions ang Government Organizations thorized Scientists, engineers, and researchers and other personnel of R&D Staffing institutions and government organizations refer to those who are employed in ‘any public research and development Institutes and other government ‘organizations, who are at least undergraduate degree holders in any of the natural science and engineering courses and are involved in research: and development or other scientific and technological activities, Natural science and 4685 paisnaores engineering courses shal include but not ited to, basiclnatural sciences and effectively cam mathematics; engineering and information and communications technology; ©. 8439 (Item , medical sciences and agricultural sciences under the Scientific Career System: physical anthropology: physical geography; library and archival sciences, and ‘scientific and technical documentation as ‘approved by the Scientific Career itutions or other Council (SCC). 1 the posit ‘ative Diese Scientists, engineers, and researchers are individuals who, as above Deputy Director’ mentioned, spend at least fifty percent (60%) of their official time in the rank as may be conceptualization and application of scientific knowledge, and/or engineering lagers are those and technological principles, products, processes, methods and systems. 2 with equivalent 7 For reference on the list of Science and Technology Courses, hereto attached are Annex 1 of Executive Order No. 901 s.1983 on Scientific Career itutions or other ‘System (SCS) disciplines dated 01 February 2002 and the Selected Fields of the positions of Social Science per SCC Res. No. 12 dated 20 August 1998, forming part of Chief Science these guidelines. alist, and other with equivalent Vil, QUALIFICATION REQUIREMENTS The following qualification requirements shall be applicable to all government tutions or other personnel of the concerned agency/SUC including their respective Agency Head: the positions of slect Evaluation A. The agency where the S&T personnel is employed must be actively doing ctly supervising any or all of the S&T Activities (STA) as defined in Item V of these 1 S8T planning guidelines, and as authorized by law or by competent authority; rades of 22 and B. The applicant must be an S&T Personnel holding an S&T position as defined in Item VI of these guidelines. Positions concemed are part of the authorized staffing patter or organizational units performing S&T functions; ©. The applicant must hold a Science, Technology, Engineering and ‘Mathematics (STEM) degree or courses listed under the Scientific Career ‘System; and4686 OFFICIAL GAZETTE Vou. 116, No. 28 Juty 13, 2020 D. The applicant and the division/unit where he/she is assigned should be ee directly involved in the conduct of one or @ combination of S&T activities 24. $ mentioned in Item V hereof. 22.8 a Vil DOCUMENTARY REQUIREMENTS 23. a 4. Members of the Scientific Career System a ¢ 1.1. Endorsement by the immediate supervisor, 24, F 1.2. Functions of serviceldivision/section/unit where the personnel belong as t cettified by the immediate supervisor or any competent authority 1.3. Description of actual duties and responsibiities with corresponding The repo percentage time allocation as certified by the immediate supervisor or any pena aa competent authority; 1.4. Certification of good standing issued by the SCC; and 1.5. Other relevant documents that may be required by the Agency Screening |. PROCEDURE ‘Committee (ASC) in order to establish the qualifications ofthe applicant to % PR be certified as S&T personnel 4. New Appl 2. All other applicants Aree 2.4, Endorsement by the immediate supervisor, ae 2.2. Functions of the service/division/unit/section where the personnel belongs na sl 28 certified by the immediate supervisor or any competent authority; eral 2.3. Individual matrix containing the following information: position title, salary sca grade and description of actual duties and responsibilities with pec Corresponding percentage time allocation as certified by the immediate ae supervisor or any competent authority; case 2.4. Certified true copy of diplomas; Head} 2.5. Certified true copy of the academic transcript of records; and 8. Agenc 2.8. Other relevant documents as may be required by the ASC in order to satisfy establish the qualifications of the applicant to be certified as S&T shail personnel the no All IX. AGENCY SCREENING COMMITTEE submissic ‘An Agency Screening Committee (ASC) shall be constituted to assist the 2. Applicat’ agency head in evaluating the qualification of each applicant for certfication of eligibiit Tt igibity certifcati The ASC shall be composed of at least three (3) members to be designated Eligibility by the Head of the Agency. The ASC shall be composed ofthe following: submissi 1. Chairperson, who is preferably the Head of the R&D Unit of the agency; In and position’ 2. Members who are at least holding a regular supervisory position or descripti equivalent. new unit The functions of the ASC shall be as follows: 3. RemediVou. 116, No. 28 ‘igned should be of S&T activities tel belong as rority h corresponding supervisor or any gency Screening vf the applicant to arsonnel belongs uthority; sition title, salary onsibilities with vy the immediate and ASC in order to ertified as SAT ed to assist the O" certification of © be designated lowing: of the agency: >esItion or Juwy 13, 2020 OFFICIAL GAZETTE 4687 2.1. Screen and evaluate applicants; 2.2. Submit to the Agency Head its findings and recommendation for approval, 2.3. Monitor the continuity of the STA-related functions of the personnel and make a report to the Head of the Agency in cases of promotion, and/or transfer and termination or automatic revocation of the Certification before the expiration of the certification issued; and 2.4. Perform such other related functions as may be necessary to achieve the purpose for which the ASC was created, ‘The report and recommendation of the ASC shall be signed by all committee members and submitted to the Agency Head for action. X, PROCEDURE FOR APPLICATION 4. New Application 2, New applications (complete with required documents) shall be submitted to the ASC for evaluation: b, ASC shall check the completeness of the application; c. If documentary requirements are complete, the ASC shall proceed with the evaluation of the qualifications of the applicant. In case of deficienoy in the documentary requirements to establish the eligibility of the applicant, the ASC shall inform the applicant in writing; d. ASC shall prepare and submit its report and recommendation to the Agency Head for consideration and approval fe. Agency Head shall issue the Certificate of Eligibility if the applicant satisfies the requirements for certification. Otherwise, a Notice of Denial shall be issued to inform the applicant, detailing the grounds or reasons for the non-approval of the application. All new applications shall be passed upon within 15 working days from submission of complete documents. . Application for Renewal The Agency Heads shall ensure that all applications for renewal of certification shall be acted upon before the expiration of the Certificate of Eligibility. For this purpose, the Agency Heads may set a deadline for the ‘submission of all applications for renewal. In case the employee is promotedireassigned or when his/her position/functions have changed, the individual matrix should indicate the description of his/her new position/functions as well as the functions of his/her new unit/station Remedies in case of Denial of Application4688 __ OFFICIAL GAZETTE Vou. 116, No. 28 duty 43, 2020 In case of denial of application, the ASC shall notify the applicant in writing stating therein the reason/s for denial. The applicant may file a request by DOST. for reconsideration with the ASC within five (5) working days from receipt of the guidelines denial 2. The Ager A protest may also be fled with the Head of the Agency ifthe request for implemen reconsideration is denied. Said protest must be submitted within five (5) working days from receipt of the notice of denial of the request for intine consideration, guidelines pr Personnel as Denial of the protest by the Head of the Agency shall be final and executor. XV. REPEALIN ‘An Agency Head whose application is denied may file a request for reconsideration to the head of the supervising agency within a non-extendibie AIDC period of seven (7) working days from receipt of the denial. The decision of the with these gt latter on the request for reconsideration shail be final and executory. XVI. EFFECTIV Xl, EFFECTIVITY OF CERTIFICATION This ¢ Entitlement of S&T personnel to the Magna Carta benefits under RA No. Gazette or a 8439, as amended, shell be upon the issuance of the Certificate of Eligibility by the ‘Agency Head. The certificate shall be valid for one (1) year only and renewable every year thereafter subject to the ASC evaluation Signe Xil, TERMINATION OF ENTITLEMENT Entitlement to the Magna Carta Benefits under RA. No. 8439 shall be terminated when the grantee ceases to perform as S&T personnel by reason of retirement, death, resignation, transfer, dismissal, reorganization, phase out activity, promotion to a nton-STA position, change of position description, or such other analogous causes, XIII, FUNDING Payment for Magna Carta benefits under RA 8439 as amended, shall be sourced from the agency's budget; and subject to the provisions of the DBM- DOST Joint Circular No. 1, s. of 2013 and such other issuances that may be promulgated by DBM and DOST, and applicable accounting and auditing rules and regulations. ’ XIV. TRANSITORY PROVISIONS 1. All applications for certification, whether new applications or for renewal, submitted to DOST before the effectivity of these guidelines shall be acted upon_Vot. 116, No. 28 the applicant in ray fle a request com receipt ofthe ifthe request for 4 within five (5) the request for tall be final and ile @ request for a non-extendible € decision of the sutory. 's under RA No. F Eligibility by the 1 and renewable >. 8439 shall be nel by reason of ition, phase out soription, or such vended, shall be ons of the DBM- 2es that may be 1d auditing rules or for renewal, All be acted upon Jovy 13, 2020 OFFICIAL GAZETTE 4689 by DOST. Applications received on the day or after the effectivity of these guidelines shall be retumed to the agency or SUC concerned without action. 2. The Agency or SUC heads shall be held responsible for the proper implementation of the provisions of this Order. In ine with this, the Agency or SUC may promulgate their respective internal guidelines providing specific criteria and administrative procedures in certifying personnel as supplgmental to this Order. XV, REPEALING CLAUSE All DOST orders and issuances, or portions thereof, which are inconsistent with these guidelines, are hereby repealed, amended or modified accordingly. XVI. EFFECTIVITY ‘This Order shall take effect fifteen (15) days upon publication in the Official Gazette or any newspaper of general circulation. Signed this 10" day of June 2020, in Taguig City, Philippines. Ete T.DELA PENA SecretarySpecifically, the SCS shall cover the following disciplin A. ANNEX D ANNEX A (As of 1 Feb. 2002) Basic/Natural Sciences and Mathematics Archaeology ‘Astronomy. Biology (including Molecular Biotechnology Botany Chemistry (including Biochemistry) Earth Sciences 7.1 Geochemistry 7.2 Geology 1.3 Geophysics 74 Seismology 7.5 Volcanology 8. Environmental Sciences (including Ecology) 9. Mathematical Sciences 9.1 Mathematics (pure/abstract/applied, including differential geometry and graphs) ms Research: (including mathematical probability, ical mathematics and computing and graphics) 10. Materials Science 11. Meteorology 12. Microbiology (including Veterinary and Agricultural Microbiology) 13, Nutrition 14. Oceanography and Marine Sciences 15. Physics (including Biophysies and Mathematical Physics) ology) 16. Space Sciences 16.1 Astronomy 16.2 Interferometry 16.3 Remote Sensing 17. Zoology Engineering and Information and Communication Technology Aeronautical and Nautical Engi Agricultural Engineering Architecture Chemical Engineering Civil Engineering Computer Engineering Computer Science Communications Engineering ). Earthquake Engineering 10. Electrical Engineering 11. Electronics Engineering 12. Energy Engineering 13, Environmental Engineering 14, Food Engineering 15, Forest Products Engineering 16. Geothermal Engineering 17. Industrial Engineering 18, Information Technology 19, Materials Engineering 20. Mechanical Engineering 21. Metallurgical Engineering 22. Mining Engineering 23. Nuclear Engineering eer ay eee24, Structural Engineering 25. Textile Engineering Medical S ces. 1. Basic Sciences 1.1 Anatomy 1.2 Epidemiology 1.3 Medical Pathology 1.4 Medical Parasitology 1.5 Medical Microbiology 1.6 Physiology 1.7 Pharmacology 1.8 Public Health 2. Clinical Sciences 2.1 Medical (including Pediatrics and sub-specialties of internal Medicine and Psychiatry) 2.2 Surgical (including subspecialties of Surgery, Obstetrics, Gynecology, Ear-Nose-Throat (ENT) and Ophthalmology Medical Biotechnology) 3. Health Related Sciences 3.1 Dentistry 3.2 Medical Technology 3.3 Nursing 3.4 Pharmacy 4. Medical Biotechnology 5. Medical Genetics 6. Rehabilitation Science 6.1 Occupational Therapy 6.2 Physical Therapy 6.3 Rehabilitation Medicine 6.4 Speech Therapy Agricultural Sciences 1. Agricultural Biotechnology 2. Agronomy 3. Animal Science 4, Entomology 5. Fisheries and Aquaculture 6. Food Science and Technology 7. Forestry and Forest Products 8. Horticulture 9, Plant Breeding and Genetics 10, Plant Pathology 11. Soil Seience 12. Veterinary Medicine 13, Weed Science Selected Fields of Social Seiences (per SCC Res. No. 12 dated 08-20-98) Anthropology Communication Demography Economies Geography History Linguistics Political Science ). Psychology 10. Public Administration 11. Social Work Ser aveene12. Sociology F. Others 1. Library and Archival Sciences 2. Scientific and Technical DocumentationANNEX E Department of Budget and Management Department of Science and Technology Joint Circular No. 1, s. 2013 June 25, 2013 To 1 Heads of Departments, Bureaus, Offices, and Agencies of the National Government, Including State Universities and Colleges (SUCs), Government-Owned or -Controlled Corporations (GOCCs); and All Others Concerned SUBJECT : — Rules and Regulations on the Grant of Compensation-Related Magna Carta Benefits to Scientists, Engineers, Researchers, and Other Science and Technology (5 & T) Personnel 1.0 Background 1.1 Under Section 22 of Republic Act (RA) No. 8439", approved on December 22, 1997, the Department of Science and Technology (DOST), in consultation with government and non-government agencies involved in S & T activities, was authorized to formulate the implementing rules and regulations to carry out the provisions of the Act. 1.2 On the other hand, item (6), "Magna Carta Benefits,” of the Senate and House of Representatives Joint Resolution (JR) No. 42, s, 2009 provides, ‘among others, that the Department of Budget and Management (DBM), in ‘coordination with the agencies concerned, shall determine the qualifications, conditions, and rates in the grant of said benefits, and to determine those that may be categorized under the Total Compensation Framework. It further states that the consultative councils, departments, and officals previously authorized to issue the implementing rules and regulations of Magna Carta benefits shall no longer exercise said functions relative to the grant of said benefits. 1.3. Pursuant to the compensation principles espoused in JR No. 4, the grant of compensation-related Magna Carta benefits to Scientists, Engineers, Researchers, and other S & T Personnel in the Philippine government, collectively the S & T Personnel, needs to be rationalized to ensure equity and uniformity in remuneration, while considering the unique and distinct needs of the highly technical and specialized $ & T Personnel and the "R.A. No, 8439 — "Magna Carta for Scientists, Engineers, Researchers and Other S & T Personnel in the Government,” approved on December 22, 1997 and took effect on January 20, 1998 23R No. 4-= “Joint Resolution Authorizing the President of the Philippines to Modify the Compensation and Pesition Classification System of Civilian Personnel and the Base Pay Schedule of Miltary and Uniformed Personnel in the Government, and for Other Purposes,” approved on June 17, 2009 &imperative to sustain the drive for Philippine economic growth through $ & T mastery. 14 — Moreover, there is a need to balance and harmonize the provisions of R.A. No. 8439 and the implementing rules and regulations on the grant of said benefits with the availability of government financial resources and the imperative to enforce the rules on the use of funds, particularly savings. 2.0 Purpose ‘This Joint Circular (C) is issued to prescribe the rules and regulations on the grant Of the following compensation-related Magna Carta benefits to & T Personnel: 2.1. Honoraria for Assignment in Special Projects; 2.2 Honoraria for Lecturers, Resource Persons, Coordinators, and Facilitators; 2.3 Honoraria/Compensation for Consultancy Services Rendered to the Private Sector; 2.4 Compensation for Secondment to the Private Sector; 2.5 Honoraria/Per Diem for Membership in Goveming Boards of National Government Agencies (NGAs) under the DOST and in Inter-Agency Committees Created by Law or Executive Issuance; 2.6 Hazard Pay; 2.7 Subsistence Allowance; 2.8 Laundry Allowance; 2.9 Free Living Quarters or Quarters Allowance; 2.10 Longevity Pay; and 2.11 Salary Increase for Retirement and Terminal Leave Benefit Purposes. 3.0 Coverage This JC covers the following personnel in NGAs, including SUCs, and GOCCs holding regular, contractual, or casual positions, which are either covered or not covered by RA No, 6758", as amended: 3A Personnel under the DOST and Its attached agencies who are involved in the following activities: 3.1.1 $ & T program and project planning and policy work = includes the formulation of policies, plans, programs, and projects for S & T development and promotion and for ensuring that the results thereof are properly applied and utilized; and prescription of guides for performance evaluation and monitoring; 3.1.2 S& T activities such as: 3.1.2.1 Research and development services — includes conduct of basic and applied research to increase stock of knowledge and to devise new or modified applications or technologies and products up to the commercial state, which may be in * RA No. 6758 - “Compensation and Position Classification Act of 1989,” dated August 21, 1989312.2 Joint venture with the public and private sectors; and establishment of product/technology standards. Scientific and technological services — refers to support to basic and applied research, including but not limited to the following: 8) Conduct of geological, hydrological, other science- related surveys; underteking observations and forecasts of weather systems and other limatological studies; conduct of studies related to: volcanology, seismology, tsunamis, other related hazards = to enhance capacity for disaster risk reduction and for generation of technologies; observance of atmospheric, geophysical, and astronomical phenomena to ensure the safety, security, and well-being of people; biotechnology; ‘and micro-electronics; b) Conduct of technology assessment, feasibility, and technical studies; ©) Operation and maintenance of research and development facilities; d) Provision of engineering design services and/or consultancy services to complement research and development; ) Licensing and regulatory activities related to the production, transfer, and utilization of nuclear and/or radioactive substances; f) Counseling of clients; 9) Providing access to $ & T information through library services, museum services, dissemination of 5 & T information through publications and press releases; h) Provision of testing, standardization, quality control, and calibration services; 1) Provision of support services to patent application; J) Overseeing technology transfer and commerciall- zation; k) Programming of goverment funds for research and development; generation of extemal funds for research and development projects, conduct of ‘scientific conferences, scientific publications; and 3 o3.2 3.3 1) Development and maintenance of management information systems on $ & T. 3.1.3 § & T education and training - undertaking $ & T manpower development for improvement of science and mathematics instruction; conduct of specialized non-university education; provision of secondary education with emphasis on science and mathematics subjects; administration of scholarship grants; maintenance of effective linkages with scientific organizations; and promotion of S & T information exchange; 3.1.4 $ & T technical support services - those rendered by technicians, ‘technologists or science aides in the operation and maintenance of scientific and technical equipment and conduct of supervised routine technical or laboratory procedures; other related technical assistance services; 3.1.5 Support services rendered by DOST S & T Related Personnel, provided that they have obtained at least 12 academic units in science, engineering, related courses, or completed any appropriate training, as determined by the DOST Secretary. Personnel under the DOST and other government agencies appointed to the ranks of Scientist I to V under the Scientific Career System, along the fields of natural sciences, engineering, technology, medical sciences, agricultural sciences, selected fields of sodal sciences, and other related disciplines as may be determined by the Scientific Career Council created under Executive ‘Order No. 90, upon recommendation of the DOST. S & T Personnel and technical support personnel under other government. agencies outside of the DOST who are engaged in S$ & T program and project planning and policy work, and S & T activities, who are certified as S&T Personnel by the DOST Secretary on a_ yearly basis, subject to the following conditions, among others: 3.3.1 The S & T-related functions of an agency are authorized by law or by competent authority; 3.3.2. The positions concerned are part of the authorized staffing pattern of organizational units performing $ & T functions; 3.3.3. The incumbents of positions are actually engaged in S & T- related work; and 3.3.4 The validity of the DOST certification shall be coterminous with the actual exercise of functions or involvement of the certified S & T Personnel.Honoraria for Assignment in Special Projects. Section 7(a) of RA. No. 8439 provides that $ & T personnel who render services beyond the established 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 Honoraria. The Implementing Rules and Regulations of R.A. No. 8439 allows the grant of Honoraria to S & T Personnel for assignment in special projects. Section 44(e) of the General Provisions of R.A. No. 10352, the FY 2013 General ‘Appropriations Act (GAA), provides that personnel assigned to special projects that, are reform-oriented and developmental, contribute to the improvement of service delivery and enhancement of the performance of the core functions of an agency, and have specific timeframes and deliveries for accomplishing objectives and milestones set by the agency for the year, shall be entitled to Honoraria. Such assignment entails the rendition of work in addition to, or over and above their regular work load. Consequently, S$ & T Personnel have to perform the regular duties and responsibilities of their positions related to their agency's functions mandated under existing laws within the prescribed work hours. When assigned to special projects, the S & T Personnel concerned may have to exert extra effort to be able to perform both the regular work and the added work borne out of assignment to special projects. 4.1 Special Projects For purposes of this JC, and in line with Section 44(e) of the General Provisions of RA. No. 10352, and as may be reiterated in subsequent GAAS, special projects in an agency or among agencies may be composed of one or more components requiring an inter-disciplinary or multi-disciplinary approach, to be accomplished within a specific timeframe. Special projects ‘may include: 4.1.1. High technology solutions in the event of national emergencies, national security threats, public safety threats, public health crises, and natural calamities; 4.1.2 Collaborative undertakings between or among agencies of the ‘national/local government for the improvement of critical and priority public services; 4.1.3. Projects assigned on ad-hoc basis by the Office of the President, in View of the exigencies of the service; 4.1.4 Collaborative undertakings between DOST and the private sector; and, 4.1.5 Memberships in Technical Panels, Steering Committees, Councils and other Equivalent National Technical Advisory Bodies. 3 % v42 Designations S & T Personnel may be assigned to designated positions in DOST special projects by virtue of office orders issued by the agency head. The following hierarchy of responsibilities shall serve as guide in designating personnel to special projects and in determining rates of Honoraria: 4.24 422 423 424 425 4.2.6 427 4.2.8 429 Senior Project Manager or Senior Project Director ~ Plans, organizes, directs, and coordinates the activities of a big special project with at least 2 component sub-projects. This level of work is equated to that of a position at SG-28, Project Manager or Project Director — Plans, organizes, directs, and coordinates the activities of a smal! special project or one component of @ big special project. This level of work is equated to that of a Position at SG-27. Project Consultant - Provides special/advisory expertise, assistance, or services outside of agency capability. This level of work is equated to that of a position at SG-27. Assistant Project Manager or Assistant Project Director ~ Assists in planning, organizing, directing, and coordinating the activities of a ‘small special project or one component of a big special project. This level of work is equated to that of a position at SG-26. Technical Staff Team Leader - Heads a group of technical staff assigned to 2 special project component; may devise own plans, and procedures, consistent with overall special project objectives. “This level of work is equated to that of a position at SG-24, Senior Technical Staff - Performs the difficult phases of professional, technical, or scientific work of a special project which may or may not be subject to technical review. This level of work is equated to that of a position at SG-19 or SG-18, as may be applicable, Team Member/Technical Staff - Performs the simple phases of professional, technical, or scientific work of a special project which are subject to technical review. This level of work is equated to that of a position at SG-16 or SG-15, as may be applicable. Senior Administrative Staff — Renders administrative and support services to a special project, including but not limited to personnel, financial, records, and supply management and other auxiliary services. This level of work is equated to that of a position at SG-10. special project, such as conduct of laboratory and other scientific Administrative Staff - Provides technical support services in a : procedures, calibration, operation, and maintenance of 6 Co5.0 43 44 laboratory/scientific equipment. This level of work is equated to that of a position at SG-8. Honoraria Rates As token payment for services rendered beyond the regular duties and responsibilities of their positions, Honoraria for Assignment in Special Projects may be granted, 4.3.1 The total Honoraria per personnel for a month shall be based on productivity and quality of completed and accepted deliverables for the set timeframe. Hence, a special project plan shall be prepared, in consultation with all personnel concerned, subject to approval by the agency head. Such plan shall contain the following details: Cutputs or deliverables per project component; Project timetable; Personnel assigned to the special project and thelr duties and responsibilities; Expected deliverables per personnel; and Estimated cost of monthly honoraria for each personnel based on work hours spent beyond the regular work hours, computed as follows: Estimated Honoraria Day") Thours vont | Ebay toys Hours Where: Salary = Step 1 of the Salary Grade for the designated position T = estimated numbers of work hours spent in the special project 4.3.2. The total Honoraria that may be paid from government funds for all special projects shall not exceed 25% of the employee's annual basic salary pursuant to Section 44(e) of R.A. No. 10352 and as may be reiterated in subsequent GAAS. Department Secretaries, Department Undersecretaries, and Department Assistant Secretaries who are designated to positions in special projects are not entitled to receive Honoraria, as their additional assignments relate to their primary functions and are already paid for and covered by the compensation attached to their positions in the principal office. This is in line with’ the Supreme Court decision in Civil Liberties Union vs. Executive Secretary, 194 SCRA 317 (1991). Honoraria for Lecturers, Resource Persons, Coordinators, and Facilitators Although Section 7(a) of R.A. No. 8439 is not specific, the Implementing Rules and Regulations on R.A. No. 8429 allows the grant of Honoraria to $ & T Personnel requested to organize, speak, lecture, or act as resource persons in seminars, workshops, conferences, symposia, trainings, and classroom sessions. 7 C xSection 44 (b) of the General Provisions of R.A. No, 10352, as may be reiterated in similar provisions in succeeding GAAS, allows the grant of Honoraria to those who act as lecturers, resource persons, coordinators, and facilitators in seminars, taining programs, and other similar activities in training institutions, including those conducted by agencies for their officials and employees. However, if the preparation for and conduct of seminars and training programs are part of the permanent duties and responsibilities of positions, then the incumbents thereof are not entitled to such Honoraria since they have been compensated through their salaries, The policy guidelines under Budget Circular No. 2007-1 dated April 23, 2007 shail apply to the S & T Personnel concerned: 5.1 Honoraria shall not be granted to $ & T Personne! who act as lecturers, resource persons, coordinators, and facilitators within their parent agencies since dissemination of information, clarifying issues and concerns, and interacting with clients and/or implementers of agency mandates are deemed part of the duties and responsibilities of their regular positions. 5.2 Agency heads have the flexibility to determine the rate of Honoraria for the duration of the engagement of a qualified lecturer, resource person, coordinator, or facilitator, within a range of minimum and maximum ‘amounts computed in accordance with the following formula: Tota Minimum Honoree» (2) tm | (jaan ‘je Gay ]¢2) cr Hous) Eo Brows = (0.023) (MSRemin) (7) ‘Total Maximum Honoraria = (2) [MsRmax’) [1 Month” | {Z.Dav (2) (T Hours) Month | | 22 Days | [8 Hours = (0.023) (MSRmax) (T) Where: MSRmin = monthly salary rete of the lecturer, resourse person, coordinator, or facilitator MSRmax = monthly salary rate of a Professor VJ, Step 1 of SG-29; to consider the difficulty and complexity of the subject, ‘matter, professional qualifications, and position levels of participants T = number of actual lecture/training hours First factor (2) = as recognition of expertise on the specialized subject, and excellent interpersonal and communi- cation ‘skills required to make quality and effective presentations x6.0 Second factor (2) = to consider hours of preparation for such engagement Honoraria/Compensation for Consultancy Services Rendered to the Private Sector Section 10 of R.A. No, 8439 allows S & T Personnel to render consultancy services to the private sector and to be entitled to Honoraria for such services, Consultancy services refer to the technical and advisory services rendered by S&T Personnel outside of the parent agency. It may be in the form of local consultancy, rendered to Filipino-owned/controlied enterprises/entities based locally or abroad, or in the form of foreign consultancy, rendered to foreign-owned/controlled enterprises or institutions based locally or abroad. 6.1 Qualified $ & T Personne! The following S & T Personnel may be authorized to render local or foreign consultancy services: 6.1.1 Those who hold permanent appointments and posses the appropriate education, training, and relevant experience; have rendered a minimum of 2 years continuous service with very satisfactory performance ratings for the last 2 consecutive semestral rating periods in the parent agency; and without pending administrative or criminal cases; and 6.1.2 Contractual and casual personne! who meet all of the qualifications in item 6.1.1, on a selective basis as may be determined by the agency head, 6.2 Instances When Consultancy Services May Be Rendered to the Private Sector Upon request of a third party expressing the need, urgency, and nature of the consultancy, the rendition of consultancy services to the private sector may be allowed if it redounds to: 6.2.1 The encouragement of active involvement of both the public and Private sectors in technology development and utilization to increase productivity and quality of products; 6.2.2. The rendition of expertise, technical know-how and advice as well as the promotion and assistance of technological services; 6.2.3 The increase of awareness and appreciation of the usefulness of science and technology in everyday life; 6.2.4 The expansion and reinforcement of scientific and technical w cooperation with other countries through technical assistance programs in identified priority areas; 9 vf63 64 6.2.5 The maximum utlization of the benefits of bilateral and multilateral linkages; 6.2.6 The encouragement of private sector to tap government-generated S & T Innovations; and 6.2.7 The increase of hands-on exposure and experience in addressing current $ & T-related issues. Conditions on the Rendition of Consultancy Services, Consultancy services to the private sector may be allowed provided the following conditions are observed: 6.3.1 The consultancy will not jeopardize or adversely affect the regular operations of the parent agency and the regular duties and responsibilities of an $ & T Personnel; 6.3.2 The consultancy will not involve divulging Philippine trade, business, military/national security secrets, and Philippine cutting edge technologies especially to Philippine foreign competitors based locally or abroad; 6.3.3 If the consultancy will be rendered to a multi-national corporation, the latter should be one that does not directly compete with Philippine products, to safeguard the interest of local, micro, small and medium enterprises; 6.3.4 The consultancy services will be rendered to an institution where the S&T personnel has no direct oversight function or supervisory authority/influence on the decision or approval of projects, and where they are not responsible for the evaluation and screening of projects funded by grants from thelr respective agencies; 6.3.5 Whenever applicable, the corporation or institution where the S&T personnel will be detailed does not use rare, endemic and endangered species of animals and plants including micro organisms ‘as raw materials in manufacturing their products; and 6.3.6 Whenever applicable, the corporation or institution has established policies/programs on environment protection. Period of Consultancy Services 6.4.1 S&T personnel may render local consultancy services for a maximum total of 48 working days per year, on staggered or continuous basis, up to a maximum of 3 consultancies at any one time. 6.4.2 For foreign consultancy to be rendered locally, an S & T Personnel may render services for a maximum of 2 months per year, on staggered or continuous basis. In case of extension, $ & T Personnel 10 Ce7.0 65 66 67 6.43 must file @ leave of absence, with or without pay, for a maximum of 10 months, subject to Civil Service laws, rules, and regulations. For foreign consultancy to be rendered abroad, an $ & T Personnel may render services for a maximum of 2 months per year, on staggered or continuous basis, while on leave of absence with or without pay. In case of extension, S & T Personnel must file a leave of absence, with or without pay, for a maximum of 10 months, subject to Civil Service laws, rules, and regulations, Other Conditions 65.1 ‘The rendition of consultancy services shall be governed by a tripartite contract among the private sector entity, the parent agency, and the $ & T Personnel, 6.5.1.1 The contract shall indicate the duration, nature of ‘consultancy services to be rendered, remuneration, other fringe benefits, and other relevant terms/conditions. 6.5.1.2 The contract shall fully disclose the use of the parent agency's scientific and technological innovations, 6.5.1.3 The contract shall not incude any commitment of the resources of the parent agency; otherwise, the contract shall provide for the charging of specific fees for the use of agency resources. Honoraria/Compensation for Consultancy Services ‘The Honoraria/Compensation for consultancy services rendered by S & T Personnel to the private sector shall be determined by the parties to the tripartite contract as provided in item 6.5.1 above. 67.1 6.7.2 67.3 Reportorial Requirements ‘The S & T Personnel concerned shall submit to the parent agency a monthly report on the consultancy services undertaken, ‘The private sector third party shall provide the parent agency a monthly report of performance of the S & T Personnel concerned. ‘The agency head shall submit a semi-annual report to the Department Secretary concerned. Compensation for Secondment to the Private Sector Section 11 of R.A. No. 8439 allows the secondment of S & T Personnel to the private sector whenever such services are required. For purposes of this JC, secondment shall refer to the temporary movement of S & T Personnel holding professional, technical, and scientific positions from one ul crgovernment agency to the private sector or international organization recognized by the Philippine Goverment. 7A 72 73 74 Qualified $ & T Personnel The S & T Personnel who may be authorized for secondment should possess the following qualifications: Holds a permanent appointment; Has the appropriate education, training, and relevant experience; Has at least 4 years of continuous and actual service in the parent agency; 7.1.4 With very satisfactory performance ratings for the last 2 consecutive semestral rating periods in the parent agency; and 7.1.5 Without pending administrative or criminal cases. ny A. A. Instances When Secondment May Be Allowed The instances cited in items 6.2.1 to 6.2.7 hereof shall apply in the secondment of $ & T Personnel. Period of Secondment For secondment to a local or foreign private sector entity, an S & T Personnel may render services for a maximum of one (1) year while he/she is on leave without pay in the parent agency. Other Conditions 7.4.1. The secondment shall be governed by a tripartite contract among ‘the private sector entity, the parent agency, and the S & T Personnel. The contract shall indicate the duration, nature of services to be rendered, remuneration, other fringe benefits, and other relevant terms/conditions, 7.4.2. The secondment shall not affect the security of tenure nor result in loss of seniority rights. 7.4.3. After the secondment, an S& T Personnel must serve the parent agency for the following duration before another secondment may be authorized. Required Service Period Period of Secondment_| before Another Secondment 9. mos. to 1 year 4 years & mos. to fess than 9 mos. years 3 mos. to less than 6 mos. 2 years Less than 3 mos. ‘year 1275 76 7.4.4 During the period of secondment, an $ & T Personnel shall not be entitled to the salaries, allowances, benefits, including Magna Carta benefits under R.A. No, 8439, and incentives attached to the position in the parent agency, and accumulation of leave credits. 7.4.5 In line with Section 11 of R.A. No. 8439, the period of secondment. shall be considered as part of government service for purposes of determining retirement benefits. The period of secondment immediately preceding resignation, however, shall not be counted as part of government service. ‘Compensation Due to Secondment Heads of government agencies shall determine the reasonable compensation for the services to be rendered by an S & T Personnel, to be charged the receiving ite entity or international organization, subject to the approval of the Department Secretary or equivalent official Responsibilities of the Parties Cconcerned 7.6.1 The § & T Personnel concerned shall submit to the agency head a monthly report on the activities and accomplishments; 7.6.2. The private sector third party shall: 7.6.2.1. Pay the salary and other benefits due the S & T personnel; 7.6.2.2. Provide all benefits under R.A. No. 8439 unless otherwise specified in the contract; 7.6.2.3 Grant leave privileges including monetization of leave credits earned by the seconded employee during the period of secondment; 7.6.2.4 Shoulder all mandatory contributions (e.g. GSIS, PAG-Ibig, ECC, Philhealth, ete.); and 7.6.2.5 Submit a monthly performance report of the S & T personne! to the parent agency. 7.6.3, The agency head shall submit a semi-annual report to the Secretary of the Department concemed. Compensation for Membership in Governing Boards of NGAs Under the DOST and in Inter-Agency Committees Created by Law or Executive Issuance Although Section 7(a) of R.A. No. 8439 is not specific, the Implementing Rules and Regulations on R.A. No, 8439 allows the grant of Honoraria to members of policy- making bodies composed of representatives from various government, private, and other institutions that provide policy direction in terms of program identification and priority setting, among others. 13 ft‘Such policy-making bodies refer to the sectoral planning councils and the governing boards of agencies under the DOST. Per existing compensation policy, Honoraria shall be granted to the chair, vice-chair, ‘and members of a governing board if so specified in the pertinent law. Otherwise, Per Diem per meeting shall be the appropriate compensation for the governing boards pursuant to items (4)(e) and (4)(g)(il) of JR No. 4. 81 82 83 8.4 85 85 The rates of Per Diem per meeting shall remain the same as those for the Honoraria previously granted under item 3.3 of DOST Memorandum Circular No. 001 series of 2009*, and shall remain in force until amended by a Budget Circular to be issued to standardize Per Diem rates of governing boards of NGAs. The chair, vice-chair, and members of governing boards from the public sector who are appointed by the President of the Philippines may be granted Per Diem per meeting actually attended at rates provided under sub-item 8.1 of this JC. Department Secretaries, Department Undersecretaries, and Department Assistant Secretaries and other officials who are ex-officio chairs, vice~ chairs, and members of governing boards are not entitled to Per Diem per meeting, in line with the Supreme Court ruling in G.R. No. 83896 and G.R. No. 83815, as consolidated, dated February 22, 1991. Such ex-officio positions are actually and in legal contemplation part of the principal office. ‘They act in such capacities without further warrant or appointment. The alternates/representatives of those under sub-Item 8.2 are also not entitled to Per Diem per meeting in view of the Supreme Court rulings in GR. No, 138489 dated November 29, 2001, and G.R. No. 147392 dated March 12, 2004, that such alternates/representatives should not have better rights than their principals. The elective and/or appointive chair, vice-chair, and members from the private sector who are appointed by the President of the Philippines or by authorities as provided for by law, may be granted Per Diem per meeting actually attended at the rates under sub-item 8.1 of this JC. Reimbursable Expenses ‘The ex-officio, appointive and elective chair, vice-chair, and members of governing boards may be reimbursed of actual and reasonable expenses ecessary to attend board meetings, but only for the following items: 8.5.1 Transportation expenses in going to and from the place of meeting; 8.5.2 Travel expenses during offical travel, subject to pertinent guidelines; “Chairman - P8,800 per mecting actualy attendéd; Vice-Chairman/Member » P8,300 per meeting. ‘The Honoraria/Per Diem may be given for a maximum of two (2) meetings per month. 148.5.3 Communication expenses; and 8.5.4. Meals during meetings. Hazard Allowance Hazard Allowance Is an additional compensation for performing hazardous duties and for enduring physical hardships in the course of performance of duties. ‘As a_general_ compensation policy, and in line with Section 7(c) of R.A. No. 8439, 5 & T Personnel whose nature of duties and responsibilities, actual services, and location of work expose them to great danger, occupational risks, perils to life, and physical hardships, may be granted Hazard Allowance, but only during periods of actual exposure to hazards and hardships. 9.1 Hazard Allowance may be granted to S & T Personnel if they are at high risk ‘Flow risk to hazards as defined below. 9.1.1 High Risk to Hazards ~ S&T Personnel that are at high risk to hazards are those that have direct and unavoidable exposure in the following 9.12 areas; 9111 9.1.1.2 9.1.1.3 9114 91.15 Work areas including laboratories and service workshops that pose risks or dangers to health and safety due to dangerous working conditions or environmental elements ‘such as: contaminants; ionizing radiation; electromagnetic radiation, communicable and contagious diseases; combustible, explosive, reactive, corrosive, and toxic chemicals and biological substances; absence of adequate supply of safe and potable water; and operation of hazardous equipment; Remote areas, depressed areas, and hardship posts characterized by difficult terrain, distance, inconvenience of travel due to bad roads and conditions of the terrain, isolation, inaccessibility, and extreme weather conditions; Embattled or strife-torn areas which are sites of armed encounters between government troops and enemy forces and/or enemy-initiated attacks, raids, or ambuscades, as may be declared by the Department of National Defense; Work areas under state of calamity or emergency where there are: earthquake, tsunami, volcanic activity/eruption, lahar and pyrociastic flows, floods, landslides and other natural hazards; and, Work areas that are considered natural danger zones. Low Risk to Hazards - S & T Personnel that are at low risk to hazards are those exposed to less degree of occupational risks, 1s om