SEVENTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session
o f f ! ir & r r r r t n r j>
*17 JUL 31 P7:07
s.B.NS0ENAi ^ 3 4
RECtlVXD 3..
{In Substitution o f Senate B ill Nos. 394, 679 and 1333)
Prepared Jointly by the Committees on Science and Technology, Civil Service, 
Government Reorganization and Professional Regulation and Finance w ith  Senators 
Legarda, Aquino IV and Angara as authors thereof
AN ACT AMENDING REPUBLIC ACT NO. 8439, OTHERWISE KNOWN AS THE "M AGNA 
CARTA FOR SCIENTISTS, ENGINEERS, RESEARCHERS AND OTHER S &  T PERSONNEL IN
THE GOVERNMENT"
Be it enacted by the Senate and House o f Representatives o f the Philippines in Congress 
assembled:
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SECTION 1. Section 1 is hereby amended to  read as follows:
"Section 1. Title. -  This Act shall be known as the "Magna Carta fo r Scientists, Engineers, 
Researchers and other S & T Personnel in the PHILIPPINES"
SEC. 2. Section 6 is hereby amended to read as follows:
"Section 6. Salaries. -  The existing law on salary scale of government employees shall 
not apply in determ ining 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 Departm ent in 
consultation w ith the Departm ent o f Budget and Management and the Civil Service 
Commission, subject to the approval o f the President. IN ADDITION, THERE WILL BE NO 
SET LIMIT TO THE AMOUNT OF ADDITIONAL SALARY OR HONORARIA THAT SCIENTISTS 
CAN RECEIVE AS COMPENSATION FROM INTERNALLY OR EXTERNALLY FUNDED 
GRANTS-IN-AID, PROVIDED THIS IS PART OF A PREVIOUSLY APPROVED BUDGET FROM 
THE FUNDING AGENCY AND DOES NOT ENTAIL ADDITIONAL USUAL EXPENSE TO THE 
GOVERNMENT."
SEC. 3. Section 8 is hereby amended to read as follows:
"Section 8. Non-DOST S & T personnel. -  S & T personnel not employed by the 
Department, who are involved in STA may avail o f the benefits under this Act upon 
certification o f the HEAD OF THEIR AGENCY THAT THEY ARE INVOLVED IN RESEARCH 
AND DEVELOPMENT OR OTHER SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES."
SEC. 4. Section 16 is hereby amended to read as follows:
"Section 16. Hiring o f retired scientists and technical personnel. -  An employee retired 
under any existing law, who, in the judgm ent o f the governing board or head o f a 
research agency, possesses technical qualifications and the capability to undertake 
specific scientific research activities, may be rehired on contractual basis w ithout 
refunding the unexpired portion o f the gratuity and accumulated leave benefits received


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by him from  the Government: Provided, That no qualified science and technology expert 
is available to undertake said scientific activities.
THE SERVICES OF A SCIENTIST WHO IS DUE FOR COMPULSORY RETIREMENT 
MAY BE EXTENDED FOR A M AXIM UM  PERIOD OF FIVE (5) YEARS: PROVIDED, THAT 
THE RESEARCH PROJECT IS WITHIN THE PRIORITY RESEARCH AND DEVELOPMENT 
PROGRAMS OF THE DOST AND IS IDENTIFIED AS STRATEGIC TO THE NATIONAL 
DEVELOPMENT AS CERTIFIED BY THE DOST SECRETARY; PROVIDED, FURTHER, THAT 
THE SCIENTIST IS STILL MENTALLY AND PHYSICALLY FIT TO COMPLETE THE PROJECT; 
PROVIDED, FINALLY, THAT THE REQUEST FOR EXTENSION OF SERVICES SHALL BE 
SUBMITTED TO THE CIVIL SERVICE COMMISSION FOR APPROVAL AT LEAST THREE (3) 
MONTHS PRIOR TO THE DATE OF THE COMPULSORY RETIREMENT OF THE SCIENTIST.
SERVICES RENDERED DURING THE PERIOD OF EXTENSION SHALL BE CREDITED 
AS PART OF GOVERNMENT SERVICE, AND SUCH EXTENSION SHALL ENTITLE THE 
EMPLOYEE TO LEAVE CREDITS AND OTHER BENEFITS."
SEC. 5. Separability Clause. -  If any provision of this Act is declared invalid or 
unconstitutional, the remaining provisions shall remain valid and effective.
SEC. 6. Repealing Clause. -  Republic Act No. 8439 is hereby amended. All laws, 
decrees, orders, and issuances, or portions thereof, which are inconsistent w ith the 
provisions of this Act, are hereby repealed, amended or m odified accordingly.
SEC. 7. Effectivity. -  This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in tw o (2) newspapers o f general circulation.
Approved,
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