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Research, Development
& Extension Manual
http://www.usep.edu.ph
PROJECT MANAGEMENT TEAM
This manual is a complete source of guidelines and procedures that govern the conduct of research,
development and extension activities in the USeP.
No part of this publication may be reproduced or transmitted in any form or by any means without
permission in writing from the publisher.
CHAPTER PAGE
FOREWORD i
PREFACE ii
LIST OF FIGURES v
LIST OF APPENDICES vi
INTRODUCTION 1
CHAPTER 1 3
Vision, Mission, Goal, Objectives and Strategies
CHAPTER 2 5
Organizational Structure
CHAPTER 3 9
Policies and Guidelines
CHAPTER 4 17
Promotion, Storing and Dissemination of Research/Extension Outputs
CHAPTER 5 21
Intellectual Property Rights
CHAPTER 6 28
Awards and Recognition
CHAPTER 7 31
RDE Linkages and Other Guidelines
REFERENCES 32
APPENDICES 33
FOREWORD
The three Divisions, namely: Research, Development and Extension, are now
housed in a Center the RDE Center under the Office of the Vice President for R&D.
Thus, instead of having a manual for each of the three Divisions, the management saw
the need to unify them and strengthen policies and governing operations.
Evidently, the Center has brought development to the University. Recently, USeP
emerged no. 1 among all 111 SUCs in the Philippines to Level 4 university status per
evaluation by CHED Secretariat and NEC Task Force. I am certain that research and
extension services have played a huge role in this achievement.
I am grateful to all who have worked hard for the production of this manual.
PREFACE
This manual includes policies and guidelines in the conduct and implementation
of Research, Development and Extension (RDE) programs in the University of
Southeastern Philippines.
The manual states the policies and defines the structure and mechanisms of
organizing efforts and allocating resources for RDE to raise the effectiveness and
efficiency of the projects being implemented in the University. It provides an operational
system that facilitates the carrying out of the RDE functions of USeP.
DA Department of Agriculture
DA Deed of Assignment
IP Intellectual Property
PCIERD Philippine Council for Industry and Energy Research and Development
K. RA No. 8439. Magna Carta for Scientists, Engineers, Researchers and Other
Science and Technology Personnel in Government
N. List of Researchers
INTRODUCTION
In 1983, five years after the establishment of the University, the Research and
Extension Divisions were organized and staffed. Each Division had its own mandate
aimed to respond to the Universitys task to promote and implement research and
extension services.
The Extension Division on the other hand, focused on continuing education and
livelihood programs, in close coordination with LGUs, peoples organizations and other
stakeholders for manpower development and entrepreneurship. It aimed to contribute
effectively in people empowerment of the region, equipping them with necessary
knowledge, values, skills and competencies, and entrepreneurial abilities, to promote self-
reliance, greater productivity and better communities.
The year 2003 was a challenging one for both divisions. In April of that year,
SMARRDEC was transferred to USeP as base agency. SMARRDEC was hosted by DA
XI for 16 years. In the same year, the Extension Division revolutionized extension
delivery programs by massive conduct of trainings on livelihood, especially in the
countryside. Through the Techno Gabay program, an extension delivery modality
espoused by PCARRD through SMARRDEC, the two divisions became active in the
establishment of Farmers Information Technology Service (FITS) Centers in various
Local Government Units in the Region. Here, the Universitys R&D programs in
agriculture, forestry and natural resources were mainstreamed with the regional and
national undertakings. It was also during this year that information such as ripe
technologies, trainings and other vital issues/concerns in extension were printed in the
Universitys extension bulletin called Lihok Pinoy.
During the past years, almost all extension activities such as program planning,
identification of needs and clients, implementation, monitoring and evaluation were
college-based. Recently, the division has established the Lifelong Study Center aimed
to capacitate clientele as well as generate income to finance free services to the
marginalized sectors.
With the Universitys effort to marry research and extension for effectiveness
and efficiency in technology and information generation, dissemination and possible
commercialization of technologies, a unified RDE manual stressing processes and
guidelines governing RDE is hereby developed.
RDE Thrusts
The Universitys RDE thrusts are geared towards the upliftment of the quality of
life and poverty alleviation in the Region, in Mindanao and the country as a whole,
through a sustainable development approach.
VISION
The Research, Development and Extension Center (RDEC) envisions to become a
center of information and technology, technology and information dissemination,
adoption and commercialization
MISSION
The RDEC is committed to undertake the following:
GOAL
The RDEC of the University aims that five years from now, it shall have
effectively and efficiently delivered vigorous, relevant and responsive research and
extension programs that shall have been adopted and utilized by the people to
enhance/improve their lives.
OBJECTIVES
The following are the objectives of RDEC:
In order to carry out the mandates of the Research, Development and Extension
Center of the University, the organizational structure in Figure 1 is adopted:
BOARD OF REGENTS
PRESIDENT
Research Special Development Science and Lifelong Study Community Outreach and Technology Extension Special
Projects Studies Technology Center Dissemination/Utilization Projects
Education
Under the OVPRD are the three directors, namely: Director for Research,
Director for Extension, and Director for Project Development.
The three Directors are responsible to the VPRD on matters of coordination and
proper administration and supervision in the implementation of all projects of the
University conducted by the different colleges whether University- or externally-funded.
The functions of the Research, Extension and Project Development Directors are:
Every college shall have their own research and extension coordinators, who will
be closely coordinating, to ensure proper implementation of RDE projects. Each
coordinator shall submit periodic reports to the two Divisions.
Conducts studies with main focus on USeP flagship programs, and the
regional and national priorities.
3. RESEARCH SPECIAL PROJECTS
Plans, designs and implements programs and projects that provide the
necessary education and skills to the less literate, out of school youth,
housewives, etc;
Provides and conducts livelihood training programs;
Conducts peace and human rights seminars;
Plans, designs and conducts farmers training; and
Conducts information dissemination.
(These projects are under the Office of the President but coordinated by
the Extension and Community Outreach Division)
CHAPTER III
POLICIES AND GUIDELINES
A. By nature
B. By Research Focus
D. By location
1. On-station research. - Trials conducted in research stations where facilities for
experimentation are excellent and accessibility to researchers is favorable.
Usually, only the researchers are involved in formulating the research objectives
and methodologies.
2. On-farm research. - Trials conducted in farmers fields with the farmers involved
in formulating improved technologies to be tried or tested.
b.1. Researcher-managed. - On-farm trials conducted on farmers field managed
by researchers who evaluate in detail the specific management components
to be assigned to the cropping systems.
b.2. Farmer-managed. - On-farm experiments managed by farmers to find out
how they respond to suggested improvements.
3. By Scope of Activity
Scope can be classified as:
a. Program - This shall be composed of at least two projects embracing inter-
disciplinary or multi-disciplinary approach.
b. Project - A set of interrelated studies/activities or a component of a
program with predetermined objective(s) to be accomplished within a
specific time frame. It is composed of at least two (2) studies.
c. Study - A basic unit in the investigation of a specific problem identified
under a research project or a unit extension activity under an extension
project.
So, shall USeP adopt the foregoing classification by BAR.
The RDEC shall make use of existing criteria used by national agencies like
DOST and DA.
USeP PRESIDENT
FOR APPROVAL
YES
VPRD
RESEARCH/EXTENSION RERMC
DIRECTOR
NO RESEARCH/EXTENSION
COORDINATOR
PROPONENT
(Unit/College)
USEP
PRESIDENT
VPRD
RESEARCH/EXTENSION
DIRECTOR RERMC
PROPONENT
(UNIT/COLLEGE)
2. Extension of the project. The project shall be allowed to continue beyond the
termination of the period stipulated in the agreement provided that there is
sufficient justification(s) for the extension of the project. A written request by
the researcher/extensionist, accompanied by the studys revised work and
financial plans, should be submitted to the VPRD through the University
Research/Extension Directors at least 30 days before the date of termination
for appropriate action.
Technical Monitoring
The program leader basically assesses the status of each project and sees to it that
goals, objectives and methodologies are properly carried out. The project leader, on the
other hand, monitors regularly the conduct of studies under his/her project ensuring
proper implementation.
For externally-funded projects, the researcher is guided by the policies of the funding
agency. However, terminal report shall be furnished to the concerned division and the
OVPRD.
The unit concerned must keep a financial record for each program/project/study
for easy recording and monitoring by appropriate authority.
Budget. The OVPRD shall oversee appropriation for RDE projects in close
coordination with the concerned Director and the Budget Officer.
CHAPTER IV
The amount and quality of research outputs reflect scientific productivity and are
among the determinants of the scientific career of scientists, faculty and researchers, as
well as a mirror of the capabilities of an academic institution. However numerous such
outputs are, these are rendered useless if not promoted and published for public
consumption. Hence, the University addresses the need to promote and publish these
outputs.
PUBLICATION
Scientific productivity, in the form of intellectual contributions to the
advancement of science and ultimately communicated in written form, is considered to be
fundamentally important to ones scientific career advancement. Thus, publication is a
major output of a researcher.
Publication serves two purposes: recognition and reward. First, it lets people
know that such a research was conducted. Second, it contributes to the academic career
enhancement of the person(s) involved by earning merit or compensation.
A. Print Media
Print media are the most common means to promote research output as these
reach wide audiences. These publications usually carry a copyright or an ISBN/ISSN.
The following are the most common publications for knowledge products:
Articles for journal publication must follow guidelines and requirements set by
the respective journal. Research results published in journals as regular articles carry the
most weight among the publication venues, especially if the articles appear in a primary
or refereed journal.
Researchers whose articles are published in an ISI-accredited journal are given
monetary rewards as incentives for the publication.
2. Book. A non-periodical publication at least 49 pages (according to UNESCO)
covering an extensive treatise on a specialized field. A textbook is a book approved by a
textbook board to be used as a main material for a course.
AFMA and CHED funds also support publication initiatives to defray printing
costs. Requests for publication assistance require the approval of the USeP President
through the recommendation of VPRD.
Unpublished materials also belong to print media but are available only to
selected audiences. Manuals and course syllabi are examples of unpublished material.
They are for instructional purposes. Manuals contain detailed description of instructional,
training or research procedures, while course syllabi contain an extensive account of all
the topics covered by a course, including references.
The broadcast media, including radio or television, are other channels for
promoting knowledge products. With the advances in computer and telecommunication
technologies, the internet is the newest medium to promote research and extension
outputs. The University has an existing website (http://www.usep.edu.ph) where the RDE
outputs are being uploaded.
Symposia, conventions, workshops and other scientific meetings are other venues
to promote research/extension outputs. These are usually sponsored by organizations and
are intended to gather specialists in a particular field to promote the exchange of ideas
and knowledge that will contribute to the further development of the field and of their
outputs. Scientists, faculty, and researchers participate in such gatherings by invitation to
present a paper, a poster, or serve as resource persons.
D. Direct Extension
Research outputs developed for the direct benefit of intended clients are promoted
through direct extension. These usually involve outputs that deal with new methods or
approaches, e.g. cultural management practices in agriculture and methods of
management.
Research outputs should not end in bookshelves. They must be shared and
promoted to concerned clients. Normally, sharing of research outputs starts at the
university level during in-house reviews and during the Regional Symposia for R & E.
After presentation to scientific communities, it is still the obligation of the University to
promote the information or technology generated through its extension services. The
Research Division should furnish research outputs to the Extension Division of the
University that are relevant for adoption/implementation or commercialization. The
concerned researcher should work hand in hand with the Extension Division in the
promotion/adoption, if not commercialization, of the generated technology.
The RDE outputs of the University should be published in the University journal.
The University of Southeastern Philippines Journal of Research and Development, the
primary scientific journal of USeP, is refereed. Publication of RDE outputs in other
journals, here and abroad, for wider dissemination of information and technologies
generated is also encouraged. Papers that have been previously presented in scientific and
technical fora are given priority to be published in the University journal.
In case no other entity has contributed funds, facilities or services used for
undertaking the research/extension, whatever intellectual rights are obtained from there
by the researcher/extensionist shall be shared in money values with the USeP in the ratio
of 95 percent to the researcher/extensionist and 5 percent to USeP.
In case any other entity, besides USeP, has contributed funds, facilities or services
for undertaking this research/extension, the intellectual rights shall be shared in value
with USeP at 5 percent and the share of the entity shall be taken from the 95 percent, the
value of which shall be determined by the copyright and patent committee. For this
purpose, the researcher/extensionist obligates himself to inform USeP accordingly should
there be another entity which shall contribute financial support to this project, giving the
name and address of the entity and the nature of the contribution.
CHAPTER V
INTELLECTUAL PROPERTY RIGHTS
Ownership
30.1. The person who commissions the work shall own the patent, unless
otherwise provided in the contract.
30.2. In case the employee made the invention in the course of his employment
contract, the patent shall belong to:
a) the employee, if the inventive activity is not part of his regular duties
even if the employee uses the time, facilities, and materials of the
employer;
b) the employer, if the invention is the result of the performance of his
regularly assigned duties, unless there is an agreement, expressed or
implied, to the contrary.
B. UNIVERSITY POLICIES
Administrative process
The Intellectual Property Rights Office (IPRO) under the VPRD shall be created.
The IPRO is tasked to look after the interests of USeP researchers, faculty, other staff,
and even students, to ensure that their creative works are properly protected, promoted
and used.
The IPRO aims to monitor and evaluate IP outputs that are potentially patentable
and can be commercialized. The administrative process in filing for a copyright or patent
application is done through the IPRO. All forms required are prepared by the IPRO.
The Office of the VPRD shall be responsible for the implementation of the
standards, guidelines, rules and regulations on copyrightable and patentable works with
the assistance of legal officers and foundations.
C.1.b Ownership
1) University-funded research
a. If the work in which copyright subsists was made in the course of the official
duties of the official creator(s), the copyright shall belong in joint ownership
to the University and the creator(s).
b. If the work to be copyrighted is not done as part of the official duties but was
produced with financial assistance from the University, the University shall
reimburse out of the royalty derived from the work subject to conditions set in
the agreement covering the assistance.
2) Commissioned research
a. Where the work is commissioned by the University, the copyright shall belong
to the University and the creator(s) jointly.
b. If the work is commissioned by an outside entity, the entity, whether public or
private, the ownership of the copyright shall depend on the agreement
governing the parties.
3) Collaborative works
If the object of the copyright is a result of collaborative efforts of the
University, an outside entity and the creator(s), the copyright ownership shall
belong jointly among the University, the creator, and the outside entity.
C.1.c Royalty
The royalty derived from copyrightable works shall be shared by the
owners of the copyright.
The inventor shall cooperate and assist in all phases of patent application.
The President shall provide a Secretariat with at least two full-time staff members
for the Copyright and Patent Committees, which shall:
1. Assist the faculty, staff and students of the college in preparing the required
documents for the registration of copyrightable and patentable work(s);
2. Upon the direction of the Copyright and Patent Committees, conduct market
studies as often as necessary to determine the possibilities of works that have
already been produced and copyrighted and/or patented. This shall include the
identification of clients, patrons or sponsors who are willing to finance and/or
assist in the production, marketing and utilization of the copyrighted and/or
patented work(s);
3. Prepare an inventory of finished works in the University;
4. If funds warrant, the RDEC shall publish, produce, and commercialize the
copyrighted/patented works of the creator. Otherwise, the VPRD, through the
Copyright and Patent Committee, shall exert every effort to deal with reputable
publishing houses and appropriate manufacturers.
5. The following aspects may be directed by the OVPRD:
a. Production, marketing and utilization of the copyrighted and/or patented
work(s);
b. Arrangement for and directing the distribution thereof to those entities
thereto;
c. The collection and proper disbursement of royalties and fees in connection
with copyrighted and/or patented work;
d. Sharing of income shall be determined by the Copyright and Patent
Committee as stated in R.A. 8293; and
e. Perform such other functions as may be assigned by the President, the
VPRD or the Committee concerned.
D. OFFICE OF THE VICE PRESIDENT FOR RESEARCH AND
DEVELOPMENT (OVPRD)
The OVPRD, with the assistance of the Office of Legal Services of the
University, shall be responsible for registration of copyrightable and patentable works
with the proper government offices, namely: the National Library for copyright
registration, and the Philippine Patent Office for patent applications.
The University shall provide a separate budgetary allocation from income and
subsequently years thereafter, until such time that the income generated from
copyrightable and patentable works are sufficient to finance expenses in connection with
the implementation of this proposal.
CHAPTER VI
Incentives
The Research and Extension Coordinators shall be selected from among the
faculty of the College. The Dean, Research Director and Extension Director shall make
the nominations and to be recommended by the VPRD to the President.
Research and Extension personnel who are engaged in research and extension
activities in difficult and dangerous areas (e.g., areas that are strife-torn and/or difficult to
travel) or those whose lives are directly exposed to work conditions which are harmful to
health or may cause death shall be covered by an insurance whose worth is based on the
provisions in the Accounting and Auditing Manual for Research Operations (AAMRO).
Honoraria
Honoraria are granted to those whose proposals have passed thorough evaluation
and approved for implementation. To qualify for an honorarium, the faculty must first
meet the required minimum teaching load of 18 units, including designations, and must
be issued special order by the University President. The research/extension director
reserves the right to recommend to the University Research and Extension Council the
disallowance of honoraria if the researcher/extensionist fails to effectively implement the
research/extension targets/objectives even after having been given due consideration.
The University shall give the following annual awards (the criteria for the awards
are found in Appendix H)
1. Outstanding University Researcher P 5,000.00 plus plaque
2. Outstanding University Extensionist P 5,000.00 plus plaque
3. Outstanding Research Coordinator P 5,000.00 plus plaque
4. Outstanding Extension Coordinator P 5,000.00 plus plaque
5. Special Award Plaque
In the event that any of the first four awards categories is received three times by
the same individual he/she will be declared a Hall of Famer, thus, can no longer vie for
the same award within 5 years.
Publication Award
FINDERS FEE
Any faculty or group of faculty, who has sought research grant from an outside
donor, shall be given incentive in a form of finders fee using the following scheme:
1. Above 5 million
First release: PhP 7,000.00 when the proponent has been
requested by the funding agency to submit a detailed proposal.
Second release: PhP 13,000.00 after a MOA shall have been executed
between the head of the funding agency and the University President.
Libero, Felix, Ph.D. How to Write Proposal some Practical Guidelines. (1996). 3rd Ed.
College of Agriculture Publications Office, Laguna: University of Los Baos.
RA No. 8439. Magna Carta for Scientists, Engineers, Researchers and Other Science and
Technology Personnel in Government.
The UPLB Research Manual (2002). Laguna: University of the Philippines at Los Baos.
The USeP Research Manual. (2001). Davao City. University of Southeastern Philippines.
APPENDIX A
I. A. Project Title
B. Funding Source
C. Amount of Funding
D. Implementing Agency
E. Duration of the Project
F. Project Leader/Researcher
G. Collaborator (if any)
H. Personnel/Project Staff
II. Abstract
III. Rationale/Objectives
V. Methodology
VIII. References
APPENDIX B
USEP-Research Division
QUARTERLY PROGRESS/ACCOMPLISHMENT RERPOT
For the Period: Yr: ______ Qtr: _______ (from ____ to ____)
(to be submitted by the researcher within one week after the quarter has ended)
Target Actual
Activities for Accomplishment (8) Percentage of Accomplishment (9) Project Expenditures (10) Remarks
The Period for the Period
(Relate to
Work Plan)
For the Period Cumulative
(from start)
Attested: Approved:
I. Program/Project Title
II. Proponent(s)
College/Unit:
The current need of the country that the proposal intends to address
Supports/compliments the national/regional R and D Programs
The proposal can justify the resources to be invested with the consideration of the
potential benefits to be derived
The likely impact of the information/technology to be generated on the current
body of knowledge, the target beneficiaries or other stakeholders (rural farm
households; industry; commodity/sector or region and the country/national
economy).
Shows how the output be utilized and be disseminated
IV. Objectives
V. Review of Literature
VIII. Workplan
The identified activities must be consistent with the objectives and expected
outputs
The activities identified should lead to the attainment of the expected outputs
IX. Budget
I. QUALIFICATIONS:
II. CRITERIA:
A. As a Researcher 10 points
a) program leader 10 pts
b) project leader 8 pts
c) study leader 6 pts
d) project staff 2 pt
Supporting Documents: Special Order, MOA for externally funded projects
C. Award 15 points
a) international 15 pts
b) national 10 pts
c) regional 5 pts
d) local 2 pts
Supporting documents: Plaque/Certificate of Recognition
D. Linkages 10 points
a) international 10 pts
b) national 7 pts
c) regional 4 pts
d) local 2 pts
Supporting Documents: MOA/MOU
E. Impact 10 points
a) international 10 pts
b) national 7 pts
c) regional 4 pts
d) local 2 pts
Supporting Documents: Any proof/evidence of adoption/utilization of
technology or information
The Deadline for submission of entries will be on the fourth week of every
October.
V. AWARD
The coverage of the award shall be within the last three Calendar Years
VII. EXCLUSION
1. The three-year coverage is only applicable to candidates who wish to vie for
the award the first time. However, if the candidate has already won the award,
he is no longer allowed to submit documents considered when he won the
award.
2. An awardee who has already won the award three times is no longer qualified
to vie for the search in the next five years.
APPENDIX E
I. GUIDELINES/QUALIFICATIONS:
II. CRITERIA:
TOTAL 100pts
The Deadline for submission of entries will be on the fourth week of every
October.
V. AWARD
The coverage of the award shall be within the last three Calendar Years
VII. EXCLUSION
1. The three-year coverage is only applicable to candidates who wish to vie for
the award the first time. However, if the candidate has already won the award,
he is no longer allowed to submit documents considered when he won the
award.
2. An awardee who has already won the award three times is no longer qualified
to vie for the search in the next five years.
APPENDIX F
CRITERIA FOR THE SELECTION OF
OUTSTANDING EXTENSIONIST
I. QUALIFICATIONS:
1. The candidate must be nominated by at least two faculties from his/her college/unit
with concurrence by the Dean.
2. He/she must be a permanent faculty.
II. CRITERIA:
A.
Extension activities conducted 35 points
B.
Materials developed 20 points
C.
Linkages established 15 points
D.
Recognition 15 points
E.
Expert Servicew/Consultancies 15 points
TOTAL 100 points
=============================================================
Details of the Criteria
The deadline for submission of entries will be on the fourth week of every October.
V. AWARD
The coverage of the award shall be within the last three Calendar Years
VII. EXCLUSION
1. The three-year coverage is only applicable to candidates who wish to vie for
the award the first time. However, if the candidate has already won the award,
he is no longer allowed to submit documents considered when he won the
award.
2. An awardee who has already won the award three times is no longer qualified
to vie for the search in the next five years.
APPENDIX G
CRITERIA FOR THE SELECTION OF
OUTSTANDING EXTENSION COORDINATOR
I. GUIDELINES/QUALIFICATIONS:
II. CRITERIA:
1. barangay/purok (1 pts/faculty/activity)
2. municipal (3 pts/faculty/activity)
3. provincial (5 pts/faculty/activity)
4. regional/national (8 pts/faculty/activity)
Supporting documents
1. MOA, MOU, TOR or certification of consultancy from recipients
2. Approval to do consulting works from USEP President
3. Action Plan and/ or Program/Training Design
Chairman: VPRD
Members: Extension Director
Research Director
Dean (1)
The deadline for submission of entries will be on the fourth week of every October.
V. AWARD
2. Awardee should earn a minimum of 80 points in order to qualify for the award.
The coverage of the award shall be within the last three Calendar Years
VII. EXCLUSION
TITLE
1. Must be focused, specific, ten to fifteen words, definitive of the program theme
where the research concern/area belongs.
2. Must not be overly specific. Too long title may become uninteresting. The
specifics can be handled by the study titles.
PROPONENT
This includes the research leader, starting from the project to study leader, field of
expertise and the institution where they belong regardless of whether the research is to be
implemented at an inter-unit/multi-agency level.
RATIONALE
1. Gives the logical grounds or justification for doing such research or investing of
this problem area.
2. If the nature of the research is developmental or applied, promising results of
researches obtained in other areas/countries are used as justifying grounds.
3. For basic research, improvement on the present technologies, methodologies must
be properly outlined and the comparative advantage to the existing knowledge
emphasized.
4. It should also be able to point out the effect of not doing or investing on this
research area/problem
OBJECTIVES
OUTPUT
When we talk of research undertaking or activity, output would refer to the result
of the activity. Output can be a technology or information.
GAINS
This refers to the improvement or advances expected out of the research activity in
relation to the major objective/thrust of the funding institution/agency or the university.
DURATION
MILESTONE
USERS
Persons/entities who will benefit from the output or going to utilize disseminate the
technology/information
COLLABORATORS
Entities or institutions involved in the conduct of the research project the role of which
is properly defined in the Terms of Reference
PROJECT COST
SYSTEMS LINKAGES
FINANCING PLAN
PART I
THE INTELLECTUAL PROPERTY OFFICE
Section 1.Title. - This Act shall be known as the "Intellectual Property Code of the
Philippines."
Sec. 2. Declaration of State Policy. - The State recognizes that an effective intellectual
and industrial property system is vital to the development of domestic and creative
activity, facilitates transfer of technology, attracts foreign investments, and ensures
market access for our products. It shall protect and secure the exclusive rights of
scientists, inventors, artists and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people, for such periods as provided in this
Act.
The use of intellectual property bears a social function. To this end, the State shall
promote the diffusion of knowledge and information for the promotion of national
development and progress and the common good.
Sec. 3. International Conventions and Reciprocity. - Any person who is a national or who
is domiciled or has a real and effective industrial establishment in a country which is a
party to any convention, treaty or agreement relating to intellectual property rights or the
repression of unfair competition, to which the Philippines is also a party, or extends
reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the
extent necessary to give effect to any provision of such convention, treaty or reciprocal
law, in addition to the rights to which any owner of an intellectual property right is
otherwise entitled by this Act. (n)
Sec. 4. Definitions.-
[e] Patents;
4.3. The term "Office" refers to the Intellectual Property Office created by this
Act.
4.4 The term "IPO Gazette" refers to the gazette published by the Office under
this Act. (n)
[e] Publish regularly in its own publication the patents, marks, utility
models and industrial
designs, issued and approved, and the technology transfer
arrangements registered;
[g] Coordinate with other government agencies and the private sector
efforts to formulate
and implement plans and policies to strengthen the protection of
intellectual property
rights in the country.
5.2. The Office shall have custody of all records, books, drawings, specifications,
documents, and
other papers and things relating to intellectual property rights applications
filed with the Office.
(n)
Sec. 6. The Organizational Structure of the IPO. - 6.1. The Office shall be headed by a
Director General who shall be assisted by two (2) Deputies Director General.
6.2. The Office shall be divided into six (6) Bureaus, each of which shall be
headed by a Director
and assisted by an Assistant Director. These Bureaus are:
6.3. The Director General, Deputies Director General, Directors and Assistant
Directors shall be
appointed by the President, and the other officers and employees of the
Office by the
Secretary of Trade and Industry, conformably with and under the Civil
Service Law. (n)
Sec. 7. The Director General and Deputies Director General. -
7.1. Functions. - The Director General shall exercise the following powers and
functions:
[a] Manage and direct all functions and activities of the Office, including
the promulgation of rules and regulations to implement the objectives,
policies, plans, programs and projects of the Office: Provided, That in the
exercise of the authority to propose policies and standards in relation to
the following: (1) the effective, efficient, and economical operations of the
Office requiring statutory enactment; (2) coordination with other agencies
of government in relation to the enforcement of intellectual property
rights; (3) the recognition of attorneys, agents, or other persons
representing applicants or other parties before the Office; and (4) the
establishment of fees for the filing and processing of an application for a
patent, utility model or industrial design or mark or a collective mark,
geographic indication and other marks of ownership, and for all other
services performed and materials furnished by the Office, the Director
General shall be subject to the supervision of the Secretary of Trade and
Industry;
7.2. Qualifications.- The Director General and the Deputies Director General
must be natural
born citizens of the Philippines, at least thirty-five (35) years of age on the
day of their
appointment, holders of a college degree, and of proven competence,
integrity, probity and
independence: Provided, That the Director General and at least one (1)
Deputy Director
General shall be members of the Philippine Bar who have engaged in the
practice of law for
at least ten (10) years: Provided further, That in the selection of the Director
General and the
Deputies Director General, consideration shall be given to such
qualifications as would result,
as far as practicable, in the balanced representation in the Directorate
General of the various
fields of intellectual property.
7.3. Term of Office. - The Director General and the Deputies Director General
shall be appointed
by the President for a term of five (5) years and shall be eligible for
reappointment only once:
Provided, That the first Director General shall have a first term of seven (7)
years.
Appointment to any vacancy shall be only for the unexpired term of the
predecessor.
7.4. The Office of the Director General. - The Office of the Director General
shall consist of the
Director General and the Deputies Director General, their immediate staff
and such Offices
and Services that the Director General will set up to support directly the
Office of the Director
General. (n)
Sec. 8. The Bureau of Patents. - The Bureau of Patents shall have the following
functions:
8.1 Search and examination of patent applications and the grant of patents;
8.2 Registration of utility models, industrial designs, and integrated circuits; and
8.3 Conduct studies and researches in the field of patents in order to assist the
Director General
in formulating policies on the administration and examination of patents. (n)
Sec. 9. The Bureau of Trademarks. - The Bureau of Trademarks shall have the following
functions:
9.1 Search and examination of the applications for the registration of marks,
geographic
indications and other marks of ownership and the issuance of the certificates
of registration;
and
9.2 Conduct studies and researches in the field of trademarks in order to assist
the Director
General in formulating policies on the administration and examination of
trademarks. (n)
Sec. 10. The Bureau of Legal Affairs. - The Bureau of Legal Affairs shall have the
following functions:
10.1. Hear and decide opposition to the application for registration of marks;
cancellation of trademarks; subject to the provisions of Section 64, cancellation of
patents, utility models, and industrial designs; and petitions for compulsory
licensing of patents;
10.2. (a) Exercise original jurisdiction in administrative complaints for violations
of laws involving intellectual property rights: Provided, That its jurisdiction is
limited to complaints where the total damages claimed are not less than Two
hundred thousand pesos (P200,000): Provided, further, That availment of the
provisional remedies may be granted in accordance with the Rules of Court. The
Director of Legal Affairs shall have the power to hold and punish for contempt all
those who disregard orders or writs issued in the course of the proceedings. (n)
(b) After formal investigation, the Director for Legal Affairs may impose one (1)
or more of the following administrative penalties:
(i) The issuance of a cease and desist order which shall specify the acts
that the respondent shall cease and desist from and shall require him to
submit a compliance report within a reasonable time which shall be fixed
in the order;
(ii) The acceptance of a voluntary assurance of compliance or
discontinuance as may be imposed. Such voluntary assurance may include
one or more of the following:
(1) An assurance to comply with the provisions of the intellectual
property law violated;
(2) An assurance to refrain from engaging in unlawful and unfair
acts and practices subject of the formal investigation;
(3) An assurance to recall, replace, repair, or refund the money
value of defective goods distributed in commerce; and
(4) An assurance to reimburse the complainant the expenses and
costs incurred in prosecuting the case in the Bureau of Legal
Affairs.
The Director of Legal Affairs may also require the respondent to
submit periodic compliance reports and file a bond to guarantee
compliance of his undertaking;
(iii) The condemnation or seizure of products which are subject of the
offense. The goods seized hereunder shall be disposed of in such manner
as may be deemed appropriate by the Director of Legal Affairs, such as by
sale, donation to distressed local governments or to charitable or relief
institutions, exportation, recycling into other goods, or any combination
thereof, under such guidelines as he may provide;
(iv) The forfeiture of paraphernalia and all real and personal properties
which have been used in the commission of the offense;
(v) The imposition of administrative fines in such amount as deemed
reasonable by the Director of Legal Affairs, which shall in no case be less
than Five thousand pesos (P5,000) nor more than One hundred fifty
thousand pesos (P150,000). In addition, an additional fine of not more
than One thousand pesos (P1,000) shall be imposed for each day of
continuing violation;
(vi) The cancellation of any permit, license, authority, or registration
which may have been granted by the Office, or the suspension of the
validity thereof for such period of time as the Director of Legal Affairs
may deem reasonable which shall not exceed one (1) year;
(vii) The withholding of any permit, license, authority, or registration
which is being secured by the respondent from the Office;
(viii) The assessment of damages;
(ix) Censure; and
(x) Other analogous penalties or sanctions. (Secs. 6, 7, 8, and 9, Executive Order
No. 913 [1983]a)
10.3. The Director General may by Regulations establish the procedure to govern
the implementation of this Section. (n)
Sec. 11. The Documentation, Information and Technology Transfer Bureau. - The
Documentation, Information and Technology Transfer Bureau shall have the following
functions:
11.1. Support the search and examination activities of the Office through the
following activities:
(a) Maintain and upkeep classification systems whether they be national or
international such as the International Patent Classification (IPC) system;
(b) Provide advisory services for the determination of search patterns;
(c) Maintain search files and search rooms and reference libraries; and
(d) Adapt and package industrial property information.
11.2. Establish networks or intermediaries or regional representatives;
11.3. Educate the public and build awareness on intellectual property through the
conduct of seminars and lectures, and other similar activities;
11.4. Establish working relations with research and development institutions as
well as with local and international intellectual property professional groups and
the like;
11.5 Perform state-of-the-art searches;
11.6 Promote the use of patent information as an effective tool to facilitate the
development of technology in the country;
11.7. Provide technical, advisory, and other services relating to the licensing and
promotion of technology, and carry out an efficient and effective program for
technology transfer; and
11.8. Register technology transfer arrangements, and settle disputes involving
technology transfer payments. (n)
Sec. 12. The Management Information Services and EDP Bureau. - The Management
Information Services and EDP Bureau shall:
12.1. Conduct automation planning, research and development, testing of systems,
contracts with firms, contracting, purchase and maintenance of equipment, design
and maintenance of systems, user consultation, and the like; and
12.2. Provide management information support and service to the Office. (n)
Sec. 13. The Administrative, Financial and Human Resource Development Service
Bureau. -
13.1. The Administrative Service shall:
(a) Provide services relative to procurement and allocation of supplies and
equipment, transportation, messengerial work, cashiering, payment of
salaries and other Office's obligations, office maintenance, proper safety
and security, and other utility services; and comply with government
regulatory requirements in the areas of performance appraisal,
compensation and benefits, employment records and reports;
(b) Receive all applications filed with the Office and collect fees therefor;
and
(c) Publish patent applications and grants, trademark applications, and
registration of marks, industrial designs, utility models, geographic
indication, and lay-out designs of integrated circuits registrations.
13.2. The Patent and Trademark Administration Services shall perform the
following functions among others:
(a) Maintain registers of assignments, mergings, licenses, and
bibliographic on patents and trademarks;
(b) Collect maintenance fees, issue certified copies of documents in its
custody and perform similar other activities; and
(c) Hold in custody all the applications filed with the office, and all patent
grants, certificate of registrations issued by the office, and the like.
13.3. The Financial Service shall formulate and manage a financial program to
ensure availability and proper utilization of funds; provide for an effective
monitoring system of the financial operations of the Office; and
13.4. The Human Resource Development Service shall design and implement
human resource development plans and programs for the personnel of the Office;
provide for present and future manpower needs of the organization; maintain high
morale and favorable employee attitudes towards the organization through the
continuing design and implementation of employee development programs. (n)
Sec. 14. Use of Intellectual Property Rights Fees by the IPO. -
14.1. For a more effective and expeditious implementation of this Act, the
Director General shall be authorized to retain, without need of a separate approval
from any government agency, and subject only to the existing accounting and
auditing rules and regulations, all the fees, fines, royalties and other charges,
collected by the Office under this Act and the other laws that the Office will be
mandated to administer, for use in its operations, like upgrading of its facilities,
equipment outlay, human resource development, and the acquisition of the
appropriate office space, among others, to improve the delivery of its services to
the public. This amount, which shall be in addition to the Office's annual budget,
shall be deposited and maintained in a separate account or fund, which may be
used or disbursed directly by the Director General.
14.2. After five (5) years from the coming into force of this Act, the Director
General shall, subject to the approval of the Secretary of Trade and Industry,
determine if the fees and charges mentioned in Subsection 14.1 hereof that the
Office shall collect are sufficient to meet its budgetary requirements. If so, it shall
retain all the fees and charges it shall collect under the same conditions indicated
in said Subsection 14.1 but shall forthwith, cease to receive any funds from the
annual budget of the National Government; if not, the provisions of said
Subsection 14.1 shall continue to apply until such time when the Director
General, subject to the approval of the Secretary of Trade and Industry, certifies
that the above-stated fees and charges the Office shall collect are enough to fund
its operations. (n)
Sec. 15. Special Technical and Scientific Assistance. - The Director General is
empowered to obtain the assistance of technical, scientific or other qualified officers and
employees of other departments, bureaus, offices, agencies and instrumentalities of the
Government, including corporations owned, controlled or operated by the Government,
when deemed necessary in the consideration of any matter submitted to the Office
relative to the enforcement of the provisions of this Act. (Sec. 3, R. A. No. 165a)
Sec. 16. Seal of Office. - The Office shall have a seal, the form and design of which shall
be approved by the Director General. (Sec. 4, R. A. No. 165a)
Sec. 17. Publication of Laws and Regulations. - The Director General shall cause to be
printed and make available for distribution, pamphlet copies of this Act, other pertinent
laws, executive orders and information circulars relating to matters within the jurisdiction
of the Office. (Sec. 5, R. A. No. 165a)
Sec. 18. The IPO Gazette. - All matters required to be published under this Act shall be
published in the Office's own publication to be known as the IPO Gazette. (n)
Sec. 19. Disqualification of Officers and Employees of the Office. - All officers and
employees of the Office shall not apply or act as an attorney or patent agent of an
application for a grant of patent, for the registration of a utility model, industrial design or
mark nor acquire, except by hereditary succession, any patent or utility model, design
registration, or mark or any right, title or interest therein during their employment and for
one (1) year thereafter. (Sec. 77, R. A. No. 165a)
APPENDIX K
BACKGROUND
Pursuant to Section 22 of Republic Act No. (R.A.) 8439, otherwise known as the Magna Carta for
Scientists, Engineers, Researchers and Other Science and Technology Personnel in Government
approved on December 22, 1997 which took effect on January 20, 1998, the following Rules and
Regulations are hereby adopted to effectively implement the provisions of this Act.
Rule I Coverage
The State recognizes science and technology as an essential element for the attainment of national
development and progress. To attain this objective, it is hereby declared the policy of the State to
provide for a program of human resources development in science and technology to achieve and
maintain the necessary reservoir of talent and manpower that will sustain its drive for total
science and technology mastery.
The State shall establish, promote and support programs leading to the realization of this
objective, such as 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.
2.1. Department
Department refers to the Department of Science and Technology (DOST) created under
Executive Order No. 128
2.3.3. Scientific and Technical Education and Training (STET) Scientific and technical education
and training refer to all activities comprising higher education and training leading ton a
university degree, post graduate and further training, organized life-long training for scientists
and engineers, and specialized non-university higher education.
3.1. Scientific and technical personnel shall include S&T managers, supervisors and planners;
members of the Scientific Career System; scientists, engineers and researchers; and DOST
technicians and DOST S&T-related personnel.
4.1.1. S&T managers, supervisors and planners are those who are 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 STA related activities as defined in Section 3 of
Republic Act No. 8439.
4.1.1.1 S&T Managers are those who are employed in R&D institutions or other organizations
conducting STA and are occupying the positions of Secretary, Undersecretary, Assistant
Secretary, Executive Director, Deputy Executive Director, Director, Regional Director, Deputy
Director, Department Service Chief and other officers of equivalent rank as my be identified by
the Career Executive Service Board. These positions are with salary grades 27 to 31.
4.1.1.2 S&T Supervisors are those who are employed in R&D institutions or other organizations
conducting STA and are occupying the positions of Associate Scientist, Assistant Scientist,
Division Chief, Supervising Science Research Specialist and other positions of equivalent rank.
These positions are with salary grades 22 to 26.
4.1.1.3 S&T Planners are those who are employed in R&D institutions or other organizations
conducting STA and are occupying the position of Planning Office IV Project Development
Officer IV and are essentially discharging supervisory functions. These positions are with salary
grade 22.
4.2.1. 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 and901 dated 17
March 1982 and 19 July 1983, respectively.
4.3.2. Scientist, engineers, and researchers are individuals who, as above mentioned, spend at
least fifty percent (50%) of their official time in the conception and creation of new technological
principles, products, processes, methods and systems.
4.4.1. DOST technicians are persons who control, operate and maintain technical and scientific
equipment, and perform other related tasks connected with research and the application of
concepts and operational methods in the fields of engineering and natural sciences. They have
acquired their technical competencies either through baccalaureate degree program or on-the-job
learning or completion of relevant technical-vocational education and training.
4.4.2. DOST S&T-related personnel refer only to all other DOST employees who do not qualify
under the preceding Sub-sections
4.1, 4.2 and 4.3, and are providing support to S&T personnel and are performing functions such
as, but not limited to secretarial, clerical, financial, maintenance work, science teaching and
training, information dissemination, and other scientific and technological services.
4.4.3. DOST technicians and DOST S&T-related personnel must possess any of the following
qualifications:
4.4.3.1. Have at least 12 units in natural science, engineering and other related courses; or
4.4.3.2. Completed any appropriate technical training which enhances his/her skill from an
institution, including the DOST Technology Training Center, duly recognized by the DOST
Secretary. Provided further, that the DOST Secretary shall determine the appropriate training
requirements for each position.
Sec 5. Exemption from the Attrition Law and Civil Service Rule on Nepotism
5.1. Appointment of S&T personnel to positions of research assistant and upwards shall not be
covered by the Attrition Law and Civil Service Commission (CSC) rule on nepotism in
consideration of the high technical nature of these positions.
Rule II Benefits
1.1. S&T personnel, who occupy plantilla positions whether permanent or temporary, on full-time
or part-time basis, and contractual or emergency positions charged to lump sum appropriations
now exiting or hereafter created provided that they conform with the provisions of Section 5 of
Republic Act 8439, shall be entitled to the benefits provided hereunder.
Sec 2. Types of Benefits
2.1. Notwithstanding Section 12 of Republic Act No. 6758, science and technology personnel
defined under Section 5 of R.A. 8439, shall receive the following benefits: honorarium, share of
royalties, hazard allowance, subsistence allowance, laundry allowance, housing and quarters
allowance, longevity pay and medical examination
Sec 3. Honorarium
3.1. S&T personnel who rendered services beyond the established regular workload, 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 set by the
Department.
3.2. Honorarium is a form of remuneration for services rendered beyond the regular workload of
the following S&T personnel:
3.2.1. Those whose broad superior knowledge, expertise or professional standing in a specific
field contributes significantly to S&T and R&D;
3.2.2. Those whose services in management, administration or support capacities contribute to the
effective operation or management of S&T and R&D project;
3.2.4. Those requested to organize, speak, lecture or act as resource person in seminars,
workshops, conferences, symposia, training, and classroom sessions.
3.3.1. Funds for payment of honorarium shall be included in the appropriations of funding
agency.
3.3.2. For foreign-funded projects, the provisions pertinent to payments of honorarium shall be
followed as provided in the Memorandum of Agreement (MOA)/Memorandum of Understanding
(MOU) between the parties concerned. In cases where the honorarium rates are not specified,
those prescribed in these rules shall apply.
3.3.3. The rates of payment of honorarium to DOST personnel and DOST-assisted projects shall
be subject to the approval of the Secretary of the Department upon the recommendation of the of
the agency head.
3.3.4. Honorarium rates for non-DOST funded S&T projects shall follow the rates formulated by
the funding agency but, as much as possible, shall be in harmony with DOST rates.
4.1. Share in royalties shall be defined as a share in the proceeds of the royalty payments arising
from patents, copyrights and other intellectual property rights.
4.2. Intellectual property rights as presently defined in the Intellectual
Property Code shall consist of the following:
4.2.2. Servicemarks;
4.2.5. Patents;
4.3. S&T personnel shall be entitled to receive share in royalties subject to the guidelines of the
Department. The share in royalties shall be on a sixty (60%) to forty (40%) percent basis in favor
Government and the personnel involved in the technology/activity, which has been produced or
undertaken during the regular performance of their functions.
4.4. If the researcher works with a private company and a program of activities to be undertaken
has been mutually agreed upon by the parties concerned, any royalty arising therefore shall be
divided according to the equity share in the research project.
5.2. Hazard allowance is a compensation premium, which is generally paid to officials and
employees who are exposed to hazards, directly or indirectly, because of the nature and/or
location of their work.
5.3.2. Work areas that are high danger zones to natural hazards;
5.3.3. Work areas posing risks or danger to health and safety due to
direct unavoidable exposure to radiation, communicable/contagious/infectious diseases;
combustible and explosive, dangerous and toxic chemicals and biologicals; harmful physical
substances and devices and other environmental hazards;
5.3.4. Work areas posing risks and danger to health and safety due to unavoidable exposure to
institutions of mental health; prime camps and industrial workshops;
5.4.1. Funds for the payment of hazard allowance shall be included in the appropriations of the
agency.
5.4.2. Payment shall be based on the actual presence in the hazardous areas. The entitlement to
the hazard allowance shall be coterminus with the assignment of the personnel in the hazardous
work areas. The agency head shall determine personnel entitle to this allowance.
5.4.3. Personnel who are entitled to receive hazard allowance under existing laws, special laws,
charters or enabling acts may opt to avail of the hazard allowance under Republic Act No. 8439.
5.4.4. Personnel who are on vacation, sick, maternity or study leave are excluded from receiving
the hazard allowance. However, personnel who conduct laboratory research related to the course,
as duly certified by the school authority and not covered by an insurance shall be entitled to this
allowance.
5.4.5. Personnel who are on secondment or who are on full time detail to another agency are not
entitled to the hazard allowance except when the personnel of the agency to which he/she is
seconded or on detail are entitled to such an allowance.
5.4.6. Personnel who are attending seminars, workshops, trainings or similar activities are
likewise not entitled to hazard allowance except when said activities are held in areas which are
certified to be hazardous.
5.4.7. The declaration of hazardous work areas shall be duly certified by the Secretary of the
Department upon recommendation of the agency head. The Secretary may refer to the appropriate
agency authorized under the Department of Budget and Management (DBM) National Budget
Circular No. 451 dated March 14, 19996 for the necessary certification.
5.4.8. Personnel who are directly exposed to hazardous work areas shall be entitled to a hazard
allowance of not less than thirty percent (30%) of their monthly basic salary.
5.4.9. Personnel who are indirectly exposed to hazardous work areas shall be entitled to the
allowance of not less than twenty percent (20%) of their monthly basic salary. Indirectly exposed
are those who have frequent interaction with personnel of agencies who are directly exposed to
hazards.
5.4.10. Personnel providing services in all other concerned areas are entitled to hazard allowance
based on their actual presence to the hazardous area. A half-day service shall entitle the personnel
to fifty percent (50%) of the daily hazard allowance while service of less than four (4) hours shall
not entitle them to the allowance. In instances where the personnel are providing service in strife-
torn or embattled areas, they shall be entitled to one hundred percent (100%) of the daily hazard
allowance; provided that they continuously remain in the said areas.
6.1. S&T personnel are entitled to a full subsistence allowance equivalent to three (3) meals a day
or One Hundred Fifty Pesos (P150.00) per day.
6.2. In case an employee renders half day service, he is entitled to fifty percent (50%) or Seventy-
Five Pesos (P75.00). Services of less than four (4) hours shall not entitle the employee to a
subsistence allowance. The payment of this allowance shall be based on the actual presence of the
S&T personnel either in the office or on official business.
6.3. Those assigned outside of their regular work stations are entitled to per diem as provided by
Executive Order No. 248 dated May 25, 1995 Prescribing Rules and Regulation and New Rates
of Allowances for Official Local and Foreign Travels of Government Personnel, instead of
subsistence allowance. Likewise, the stipends of scholars shall be in lieu of subsistence
allowance.
7.1. S&T personnel who wear the prescribed uniform during office hours shall be entitled to a
laundry allowance of Three Hundred Pesos (P300.00) per month. Personnel who are exempted,
under existing regulations, from wearing uniform are also entitled to receive the allowance.
8.1. Housing and quarters allowance applies to S&T personnel who are on duty beyond office
hours in laboratories, R&D Centers and other government facilities.
8.2. Employees concerned are entitled to free living quarters within government facility,
provided, their residence is outside of fifty (50) kilometer radius from their official station.
8.3. Fees or cost of board and lodging shall be borne by the agencies concerned.
9.1 A monthly longevity pay equivalent to five (5%) percent 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. Continuous and meritorious service shall mean
service without gap and with a very satisfactory performance rating for the last two (2) semesters
immediately preceding the date of entitlement of the said benefit. During the specific year that the
employee did not perform meritoriously, he shall not be entitled to receive the longevity pay for
that period.
9.2 Payment of longevity pay shall cover the entire S&T government service as defined in the
above provision from his original appointment subject to the approval of the DOST Secretary
upon the recommendation of the Agency Head.
9.3 Longevity pay previously received will be deducted on a staggered basis within a period of
six (6) months.
10.1. During the tenure of their employment, the S&T personnel shall be given a compulsory free
medical examination once a year and immunization as the case may warrant.
10.3. S&T personnel shall be entitled to a health insurance package benefits covering the above-
cited services, including from hospital room and board, doctors fee, and other related expenses
based on the insurance package to be adopted by the DOST.
11.1 .Nothing in this law shall be construed to eliminate or in any way diminish benefits being
enjoyed by S&T personnel at the time of the effectivity of Republic Act No. 8439.
12.1. S&T personnel already receiving the same benefits under any other law shall not be allowed
to avail of the benefits under Republic Act No. 8439 unless they submit in writing their intention
to withdraw the benefits already being received and opt for those provided.
13.1. S&T personnel not employed by the Department, who are involved in STA may avail of the
benefits under Republic Act No. 8439 upon certification of the Secretary of the Department. Each
department, agency or office concerned shall provide the necessary funds to cover the availment
of benefits.
1.2. 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.
1.3. 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 positions in the government, they may be allowed to work in
the private sector.
1.4. Scholarships may be on a full-time or part-time basis and privileges shall include tuition fee,
book allowance, transportation allowance, monthly stipend, dissertation grants, insurance and the
payment of regular salary and other benefits.
2.1. 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. Likewise, they shall enjoy
preferential access to financial grants from any government agency/financial institution
authorized to extend grants and loans with easy terms for science and technology projects which
are viable and in line with the development thrusts of the country.
2.2. Government scholar graduates and training grantees can be hired in the government service
on a temporary basis for two (2) years while waiting for the release of the results of examinations
of the Civil Service Commission or professional licensure examinations of the Professional
Regulation Commission.
2.3.1. The accumulated duration of training availed should be at least six (6) months and in line
with his/her expertise.
2.3.2. Application for grants or loans shall be subject to the evaluation of the DOST and the
government agency/financial institution and shall be used to establish an S & ^ project or to
commercialize technologies.
1.1.1. S&T personnel shall be allowed to render consultancy services to the private sector
1.2.1. S&T personnel who render consultancy services shall have permanent appointment.
Contractual and casual personnel whose salaries are charged to lumpsum appropriation may be
allowed to accept consultancy services on a selective basis as may be determined by the agency
head.
1.2.2. In addition to his regular projects, an S&T personnel shall be allowed to provide
consultancy work in any private for maximum of thirty two (32) hours per month; provided that
he shall only accept a maximum of three (3) projects at any one time.
1.2.3. There shall be full disclosure of the consultancy contract to the mother agency, as governed
by a tripartite contract among the hiring institution, the mother agency and the S&T personnel.
1.2.4. S&T personnel cannot render consultancy services to an institution where they have direct
oversight functions or where they are responsible for the evaluation and screening of projects
funded by a grant from their agency.
1.2.5. The DOST and the Institute/Agency shall have a share of ten (10%) percent of the total
consultancy fee. The accumulated fund shall be considered as a trust receipts pursuant to existing
laws and shall be used to support S&T activities as approved by the agency head. The agencies
may adopt the same policies.
1.2.6. For foreign consultancy, S&T personnel shall be allowed a maximum of two (2) months
per year. In cases of extension, the S&T personnel must file a leave of absence not to exceed one
(1) year inclusive of the two-month period subject to the approval of the agency head.
2.1.1. Provisions of existing laws notwithstanding, S&T personnel who are employed on a regular
basis in the government, may be seconded to any private entity where such services are needed,
provided that the duration of such secondment of said personnel will not hamper or adversely
affect the operations of their mother agency; and the head of the agency approves the detail of
secondment.
2.1.2. During the period of such secondment, the salary of the seconded S&T personnel shall be
borne by the private entity. The period of secondment shall be included in computing the length
of service for purposes of retirement. The S&T personnel shall not earn leave credits during the
period of secondment.
2.1.3. Such secondment shall not likewise affect his security is tenure nor result in the loss of
seniority rights.
2.2.1. S&T personnel who have rendered at least four (4) years of continuous and actual service
in the institute/agency shall be allowed secondment to a private entity requiring their expertise for
not more than twelve (12) months.
2.2.2. S&T personnel who avail of this arrangement must serve the DOST or concerned agency
for four (4) years after he secondment before another secondment may be granted upon the
recommendation of the agency head and approval of the Secretary of the Department concerned.
2.2.3. During the secondment, the S&T personnel shall receive salary from the private entity
where he/she is on detail. Such personnel shall not be entitled to any benefits provided under
Republic Act No. 8439.
2.2.4. The agreement for secondment shall be covered by a tripartite contract among the S&T
personnel, Secretary of the department concerned and the private entity with full disclosure of the
terms and conditions.
2.2.5. The mother agency shall have a share of minimum of five percent (5%) of the total
compensation received from the private entity.
The accumulated fund shall be considered as trust receipts and shall be used to support S&T
activities as approved by the head of the agency.
2.2.6. In case the grantee opts to continue the secondment, he/she shall have to resign from the
government service provided that he/she has no scholarship/service/financial obligation from the
mother agency. Provided further, that the period of secondment immediately preceding the
resignation shall not be counted in the computation of the number of years of service in the
government.
1.1. S&T personnel retired under any existing law, who, in the judgment of the governing board
or head of a research agency, possess 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 them from the
government; provided that no qualified science and technology expert is available to undertake
said scientific activities.
1.2. The retired S&T personnel to be hired must be mentally, emotionally and physically fit as
supported by a medical certificate.
1.1. A Science and Technology Awards Committee shall be established which shall confer
annually the science and technology awards for outstanding achievement/s and excellence and
excellence or original contribution to science and technology. The Committee shall promulgate
guidelines implementing this Section and shall specify the categories of awards to be given and
the amount of financial reward for each category.
1.2. Such committee shall take into consideration the existing awards system being administered
by the various councils and agencies of the DOST.
1.1. A career system for science and technology personnel in the service of the government,
patterned after the Scientific Career System (CSC), shall be formulated by a committee to be
created by the DOST Secretary in coordination with the Civil Service Commission (CSC) and
such other agencies as may be necessary.
3.1. Upon retirement, the S7T personnel concerned shall be automatically granted one (1) salary
grade higher than his/her current salary grade.
3.2. Retirement benefits shall be computed on the basis of his/her highest salary received.
4.1. The Human Resource Development Council (HRDC) created under Republic Act. No. 8248
shall formulate the rules and regulations and implement the scholarship programs as provided in
Section 1 of Rule III. The scholarship programs of DOST, its councils and agencies, shall be
submitted to the HRDC.
Sec 1. Effectivity
1.1. These rules and regulations shall take effect fifteen days after publication
APPENDIX L
_________Quarter, Year__________
Noted:
Research Director
APPENDIX M