SECTION 1.       Rationale - Section 8 of R.A. 8439 (Magna Carta for Scientists, Engineers, Researchers and other Science and Technology Personnel in Government) stipulates that S & T personnel not employed by the Department of Science and Technology (DOST), but who are involved in Science and Technology Activities (STA) may avail of the benefits under this Act upon certification of the Secretary of the DOST.

SECTION 2.       Scope - Pursuant to Section 22 of Republic Act 8439, these Guidelines are hereby promulgated for the effective implementation of Section 8 of said Act, which provides as follows:

"Section 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."

SECTION 3. Definition of Terms - For purposes of these Guidelines:

a. Non-DOST S & T Personnel - refers to personnel of government agencies or institutions engaged in scientific and technological activities (STA).

b.         Scientific and Technological Activities (STA) - refers to 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, which may be classified into three broad groups as follows:

-        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;

-        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

-        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.

SECTION 4.       Procedures for Availment - Non-DOST S & T personnel as defined in Section 2 (c) hereof may request for certification from the DOST Secretary through their department/agency head, as the case may be, for purposes of availment of the benefits granted under R.A. 8439.

SECTION 5.       Screening Committee - Each department/agency head shall create a Screening Committee to evaluate the qualifications of personnel who may be entitled to the benefits provided under RA 8439, with the following composition:

Chairman	-	head of department/agency or his authorized representative
Members	-	head of R & D unit of agency
	-	other personnel that may be designated by the head of department/agency

Said Committee shall be guided by the strict requirement that the personnel being evaluated is performing tasks or functions involving either one or a combination of the following: research and experimental development (R & D) , scientific and technological services (STS), or scientific and technical education and training (STET).

SECTION 6. Requirements for Submission to DOST - The department/agency head shall submit to the Secretary of the Department of Science and Technology (DOST) the list of personnel recommended for payment of MC benefits and with his certification that said personnel are found to have complied with the requirements under the Guidelines for R.A. 8439.  The list shall be accompanied by the following documents:

1. Endorsement by head of department/agency
   
   
2. Functions of the service/division/section/unit where the personnel belongs
   
   
3. Certified true copy of diploma/s
   
   
4. Certified true copy of Academic Transcript of Records
   
   
5. Certified true copies of Service Record
   
   
6. Description of position and functions
   
   
7. Certified true copy of CSC eligibility/ies, or PRC license/s
   
   
8. Other relevant documents deemed important by the recommending agency

SECTION 7.       Procedures for Certification by the DOST Secretary -

1. Upon receipt of the endorsement submitted by the department/agency head, the DOST Secretary shall refer the same to the DOST Screening Committee for further evaluation.
   
   
2. The DOST Screening Committee evaluating the application, shall use the Implementing Rules and Regulations (IRR) as guide, among others.
   
   
3. The DOST Screening Committee shall submit the results of its evaluation to the DOST Secretary.
   
   
4. The DOST Secretary shall either approve or disapprove the certification of personnel included in the submitted list for entitlement to the benefits under RA 8439. Copies of the certification shall be furnished the department/agency head concerned, the DOST Screening Committee and the DOST Records Section.

SECTION 8.       Request for Reconsideration - Non-DOST agency personnel not issued certification by the DOST Secretary may, through his department/agency head, move for reconsideration or inclusion within fifteen (15) days from receipt of said list.  The motion for reconsideration shall be accompanied by new documents that will help support his claims.

The DOST Screening Committee shall act on the motion for reconsideration for transmittal to the DOST Secretary for decision.  Only one motion for reconsideration shall be entertained for entitlement under RA 8439.

SECTION 9.       Effectivity of Entitlement - The entitlement to the benefits of non-DOST S & T personnel shall be for the entire year in which the certification from the DOST Secretary is obtained as indicated in the last paragraph of Section 7 hereof.

Thereafter, the subsequent request for certification shall be made every year.

SECTION 10.  Submission of Reports - The department/agency head shall submit to DOST, through the DOST Screening Committee, an annual report, in the format prescribed in Annex A, on the implementation of the grant of benefits under the approved certification of entitlement for its employees within the first quarter of each succeeding year.

The department/agency head shall report to DOST, through the DOST Screening Committee within one month, any change in the appointment, assignment or designation of employees who have been granted the benefits under the issued certificate of entitlement.

SECTION 11.    Termination of Entitlement - Termination of entitlement shall be effected upon determination that the grantee ceases to perform as S & T personnel by reason of retirement, death, resignation, transfer, dismissal, reorganization or phase out activity and similar causes.

SECTION 12.    Funding Source - Funding for the grant of benefits to S & T personnel and employees under the issued certification shall be sourced from the budget allocation of the institution/agency subject to availability of funds and applicable accounting and auditing rules and regulations.

SECTION 13.    Repeal, Amendments or Modification - These Guidelines may be repealed, amended or modified accordingly by subsequent issuance as may be warranted by the Secretary of the Department of Science of Technology (DOST).

SECTION 14.    Effectivity - These Guidelines shall become effective fifteen (15) days after publication in two (2) newspapers of general circulation.

Adopted: 06 Sept. 2000.

(SGD.) DR. FILEMON A. URIARTE, JR.
Secretary