IMPLEMENTING RULES & REGULATIONS of REPUBLIC ACT NO. 11914, October 21, 2022

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11914 OTHERWISE KNOWN AS THE PROVINCIAL SCIENCE AND TECHNOLOGY OFFICE ACT

Pursuant to Section 9 of Republic Act No. 11914, An Act Converting the Provincial Science and Technology Center into the Provincial Science and Technology Office and Appropriating Funds Therefor, the Department of Science and Technology (DOST), hereby issues the following rules and regulations to implement the provisions of the aforesaid law.

RULE I

GENERAL PROVISIONS

Section 1. Title. - These Rules and Regulations shall be known and cited as "The Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 11914, also known as the Provincial Science and Technology Office Act."

Sec. 2. Construction/Interpretation of this IRR. - These Rules shall be construed and applied in accordance with and in furtherance of the policies and objectives of RA No. 11914. In case of conflict or ambiguity, the same shall be construed liberally in favor of the purpose of the law.

Sec. 3. Declaration of Policy. - These Rules are issued pursuant to the policies declared in RA No. 11914, which states that it is the policy and duty of the State to regulate the transfer and promote the adoption of technology from all sources for the national benefit and to fast-track the transfer of relevant and appropriate technologies and services particularly in the enhancement and development of technology-based enterprises in the country.

Pursuant to this policy the Provincial Science and Technology Centers (PSTCs) of the Department of Science and Technology (DOST), which are converted into Provincial Science and Technology Offices (PSTO) to serve as the principal instruments of the DOST in the implementation of various programs, projects and services in the country, are strengthened through RA NO. 11914, which lapsed into law on July 30, 2022 and took effect last August 20, 2022 after its public in the Daily Tribune on August 5, 2022.

Sec. 4. Definition of Terms. Whenever used in these Rules, the following terms shall have the respective meaning hereafter set forth:

a. "Act" refers to Republic Act No. 11914 also known as the Provincial Science and Technology Office (PSTO) Act.

b. "CASTO" refers to the satellite offices of the DOST National Capital Region (NCR) which shall serve as provincial science and technology offices in the NCR.

c. "Commercialization" refers to the process of deriving income or profit from a technology, such as the creation of a spin-off company, or through licensing, or the sale of the technology and/or Intellectual Property Rights (IPRs).

d. "DOST" refers to the Department of Science and Technology, including attached agencies and regional offices.

e. "Program" refers to a group of interrelated or complementing S&T projects that require an interdisciplinary or multidisciplinary approach to meet established goal/s within specific timeframe.

f. "PSTC" refers to the Provincial Science and Technology Centers established under Republic Act No. 6959 entitled "An Act Establishing Provincial Centers for Science and Technology in all Provinces of the Philippines and Appropriating Funds Therefore."

g. "Reclassification" refers to the form of staffing modification or position classification action under the Omnibus Rules on Appointment and Other Human Resource Actions (ORAOHRA) issued by the CSC.

h. "S&T or Science and Technology" refers to scientific research and development, promotion and commercialization of technology, dissemination, and application of scientific and technical knowledge in all fields of natural science and technology.

i. "STI" refers to the Science and Technology Innovation which may be considered as the transformation of an idea into a new or improved product introduced on the marker, into a new or improved operational process used in industry and commerce, or into a new approach to a social service.

j. "Technology Transfer" refers to the process by which one party systematically transfers to another party the knowledge for the manufacture of a product, the application of a process, or rendering of a service, which may involve the transfer, assignment or licensing of intellectual property rights.

RULE II

THE PROVINCIAL SCIENCE AND TECHNOLOGY OFFICES (PSTOs)

Sec. 5. Provincial Science and Technology Offices (PSTOs). - The PSTC which fulfill the mandate, functions, and institutional responsibilities of the DOST, especially on technology transfer and commercialization and development of technology-based enterprises at the provincial level of the government are converted into Provincial Science and Technology Offices (PSTOs.

Furthermore, the existing clustered area science and technology centers established by the DOST in the National Capital Region (NCR) which perform similar functions as the PSTCs shall be converted into Clustered Area Science and Technology Offices (CASTOs).

Sec. 6. Functions. - The PSTOs shall have the following functions:

a) Identify the needs and opportunities as basis for the formulation of relevant STI plans in the provinces and clustered areas which include, but not limited to, establishing a system of data collection analysis, and reporting on the impact of STI and its emerging trends in the locality to be utilized by the stakeholders in the planning strategies to improve the life of Filipino people and contribute to the increase of Gross Domestic Product (GDP) of the nation;

b) Implement DOST programs and projects on technology promotion and transfer, S&T human resource development, S&T promotion and information dissemination, delivery of technical and consultancy services, and such other STI concerns that will benefit the people in the provinces and clustered areas;

c) Development and sustain institutional linkages with provincial offices of other departments, other national government agencies, local government units, academe, industry, civil society, and media for the effective implementation of STI programs in the provinces and urban areas; and

d) Perform other functions as may be determined by the DOST Secretary, DOST Undersecretary for Regional Operations and the Regional Director.

RULE III

ORGANIZATIONAL STRUCTURE OF THE PSTO

Sec. 7. PSTO Head. - The PSTO shall be headed by a Chief Science Research Specialist (CSRC) with Salary Grade (SG) 24. For this purpose, the existing position of Senior Science Research Specialist (Sr. SRS) with SG 19 which is currently held by the head of the PSTCs, including those that are vacant, shall be reclassified as CRS.

For purposes of reclassification existing Civil Service Commission (CSC) rules and regulations such as but not limited to the Omnibus Rules on Appointments and Other Human Resources Actions (ORAOHRA) and existing Department of Budget and Management (DBM) rules and regulations on reclassification of positions shall be used.

The incumbent head of the PSTO appointed to the position of Sr. SRS shall assume the reclassified position as defined herein, Provided that, the DBM shall issue the appropriate Notice of Organization, Staffing and Compensation Action (NOSCA) in accordance with the Civil Service Commission (CSC) and the DBM rules and regulations. Provided finally, that the said position, shall be issued an appointment by the appointing officer/authority, as a matter of procedure.

Appointments to reclassified SG 24 positions that are vacant including those vacated by virtue of promotion or separation from the service such as resignation, retirement, transfer, or death of the incumbent, shall follow the minimum qualification standards set by the CSC for an SG 24 position.

Sec. 8. Duties and Responsibilities of the Provincial Science and Technology Office Head. - The PSTO Head shall have the following duties and responsibilities:

a) Formulate the provincial and urban STI plans, programs, and projects designed to promote science, technology, and innovation culture among the people in the province/clustered area, consistent with and supportive to the provincial, regional and national S&T development plans;

b) Implemented and monitor various technology promotion, transfer, and commercialization programs and projects of DOST in the province such as, but not limited to, the Small Enterprise Technology Upgrading Program (SETUP) and the Community Empowerment through Science and Technology (CEST), the Science for Change Program (S4CP), and all other programs that may be developed.

In the performance of this function, the PSTO may enter into lawful contracts, memoranda of agreement, and other instruments and represent the PSTO in all actions filed by or against it as may be authorized by the Regional Director and within the bounds of his authority and in full compliance to duly-prescribed government rules and regulations;

c) Promote the adoption of appropriate technologies developed by DOST, Research and Development Institutes (RDIs), Academe and other sources by micro, small, and medium enterprises (MSMEs) to improve their operational efficiency and increase productivity as well as to harness the result of scientific researches and innovations to produce new and competitive products and services;

d) Disseminate S&T-related information and research and development (R&D) results funded by DOST through the conduct of trainings, technology, symposia, and other similar fora;

e) Maintain effective liaison with the public and private academic institutions and other government agencies engaged in scientific and technological research, technology transfer and commercialization, education, and training;

f) Coordinate with the local government units (LGUs) and academic institutions for the promotion of scholarship programs aimed to attract the science-oriented students to pursue basic and applied sciences to broaden the S&T human resource in the province/clustered area such as but not limited to assisting in the implementation and monitoring of DOST Scholars under the RA 7687 otherwise known as the Science and Technology Scholarship Act of 1994, RA 10612 otherwise known as the Fast Tracked S&T Scholarship Act of 2013, the RA 2067 otherwise known as Science Act of 1958;

g) Coordinate with the public and private sectors in the implementation of human resource and institutional STI development programs in the province/clustered area;

h) Promote science consciousness and appreciation of all STI activities among the people of the province/clustered area through coordination and engagement with the DOST Regional Office and Local Development Councils;

i) Serve as focal person and represent the DOST in S&T and other inter-agency meetings, conferences, and other similar and coordinative activities in the province and urban area;

j) Perform over-all supervision and fiscal management of services and operations of the PSTO;

k) Ensure that appropriate quality management systems are properly implemented and maintained in accordance with international standards in all aspects of operations of the PSTO; and

l) Perform other related functions as may be assigned by higher authorities from time to time.

Sec. 9. Staff of the Provincial Science and technology Office. - The Regional Director, through the PSTO Head, shall develop and propose a new organizational structure and staffing pattern of the PSTO, subject to vetting by the DOST Undersecretary for the Regional Operations and the final review by the DOST Secretary in accordance with by the civil service laws, rules and regulations and existing organizational, staffing, position classification and compensation policies, rules and regulations.

The DOST Secretary shall submit the proposed staffing pattern to the DBM for the latter's review, evaluation and approval. Once approved, the DBM shall issue the appropriate NOSCA in accordance with the CSC and the DBM rules and regulations.

Sec. 10. Appropriations. - The initial amount for the implementation of RA 11914 shall be charged against the current year's appropriations of the DOST. Thereafter, such amount shall be included in the Annual General Appropriations Act.

Sec. 11. Authority to Amend the Rules. - The DOST, in consultation with the DBM, CSC, and other stakeholders, is authorized, whenever necessary, to formulate supplemental rules or amend these Rules.

Sec. 12. Repealing Clause. - All rules and regulations, order, resolutions and parts thereof that are inconsistent with the provisions of this IRR are hereby repealed or modified accordingly.

Sec. 13. Separability Clause. - If any provision or part of this Implementing Rules and Regulations should be declared invalid or unconstitutional by a competent court or tribunal, the remaining provisions, unaffected thereby, shall remain valid and binding.

Sec. 14. Effectivity Clause. - This IRR shall take effect after fifteen (15) days following its publication in a national newspaper or in the Official Gazette. This IRR shall be registered with the Office of the National Administrative Register at the University of the Philippines Law Center, UP Diliman, Quezon City.ChanRoblesVirtualawlibrary

Approved on October 21, 2022, Bicutan, Taguig City.
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