September
19, 1991
Sec. 1. Title.
- This Act shall be known as the "Philippine Foreign Service Act of
1991."
Sec. 2. Table
of Contents. - The table of contents of this Act is as follows:
TABLE OF CONTENTS
Section 1-Title
Section 2-Table of Contents
Title I - GENERAL PROVISIONS
Section 3-Declaration of Policy
Section 4-Objective
Section 5-Definition of Terms
Section 6-Undersecretaries
Section 7-Categories of Personnel
Section 8-Designation of Foreign Service Officers in
the Foreign Service
Section 9-Designations of Foreign Service Officers
in the Home Office
Section 10-Foreign Service Staff Personnel
Section 11-Staffing Pattern and Appointments
Section 12-Establishment of Foreign Service Posts
Section 13-Promotion of Philippines Arts and Culture
Title II - APPOINTMENTS
Part A.
Foreign Service Officers
Section 14-Initial Appointment of Foreign Service
Officers
Section 15-Internship Program
Section 16-Ambassadorial Appointments
Section 17-Heads of Diplomatic and Permanent
Missions
Section 18-Reinstatement of Foreign Service Officers
Part B.
Service Staff Officers and Employees
Section 19-Appointments
Section 20-Civil Service Eligibility
Part C.
Provisions of General Application to All Officers
Section 21-Philippine Citizenship and Permanent
Residency
Section 22-Auditing Requirements
Section 23-Compulsory Retirement
Part D.
Alien or Locally Hired Employees
Section 24-Appointments and Transfers
Part E.
Honorary Consuls
Section 25-Appointments
Title III - PROMOTIONS
Part A.
Foreign Service Officers
Section 26-Foreign Service Officers Promotion List
Section 27-Cumulative Number of Years of Service in Each Class
Section 28-Examination for Promotion
Section 29-Determination of Seniority
Section 30-Lateral Entry
Part B.
Foreign Service Staff Officers and Employees
Section 31-Foreign Service Staff Officers and
Employees Promotion List
Section 32-Senior Staff Officers
Part C.
Provisions of General Application to All Officers and Employees
Section 33-Performance Evaluation System
Section 34-Effects of Promotions
Section 35-Auditing Requirements
Title IV - ASSIGNMENTS AND TRANSFERS
Section 36-Initial Service in the Home Office
Section 37-Tour of Duty
Section 38-Rotation Plan
Section 39-Security Clearance
Title V - ATTACHES
Section 40-Regular Attaches
Section 41-Service Attaches and Representatives of
Other Departments
Section 42-Appointment
Section 43-Relationship Between the Chief of Mission
and Service Attaches
Section 44-Relationship Between the Principal
Officer and Representative
Section 45-Inter-department Committee
Title VI - BOARD OF FOREIGN SERVICE EXAMINATIONS
Section 46-Composition
Section 47-Functions
Section 48-Qualifications of Applicants
Section 49-Staff
Title VII - BOARD OF FOREIGN SERVICE
ADMINISTRATION
Section 50-Composition
Section 51-Functions
Section 52-Prohibitions
Section 53-Disqualifications
Section 54-Disciplinary Actions
Section 55-Separation from the Service
Title VIII - FOREIGN SERVICE INSTITUTE
Section 56-Composition
Section 57-Functions
Section 58-Operations
Section 59-Performance Report
Title IX - FOREIGN INFORMATION COUNCIL
Section 60-Foreign Information Council
Title X - SALARIES
Section 61-Salary Rates
Title XI - INSURANCE AND RETIREMENT SYSTEM
Section 62-Membership in the Government Service
Insurance System
Title XII - ALLOWANCES, PER DIEMS, TRAVEL
EXPENSES AND BENEFITS
Part A.
Allowances
Section 63-System of Allowances
Section 64-Rates and Policies on Allowances
Section 65-Living Quarters Allowance
Section 66-Overseas Allowance
Section 67-Adjustment in the Overseas Allowance
Section 68-Family Allowance
Section 69-Post Allowance
Section 70-Representation Allowance
Section 71-Clothing Allowance
Section 72-Education Allowance
Section 73-Medical Allowance
Section 74-Relocation Allowance
Part B. Per
Diems
Section 75-Persons Entitled to Per Diems
Section 76-Service Allowance in Lieu of Per Diems
Section 77-Computation
Part C.
Travel Expenses
Section 78-Class of Transportation
Part D.
Benefits
Section 79-General Benefits
Section 80-Leaves of Absence
Section 81-Exemption from Taxation
Part E.
Provisions of General Application
Section 82-Foreign Service Compensation Plan
Title XIII - FINAL PROVISIONS
Section 83-Organization
Section 84-Use of Savings
Section 85-Pool of Foreign Service Officers
Section 86-Passport Revolving Fund
Section 87-Rules and Regulations
Section 88-Appropriations
Section 89-Separability Clause
Section 90-Repealing Clause
Section 91-Effectivity Clause
Title I
GENERAL PROVISIONS
Sec. 3. Declaration
of Policy. - The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to
self-determination.
Sec. 4. Objective.
- The main objective of this Act is to reorganize and strengthen the Philippine
Foreign Service in order to:
(a) Upgrade
the qualifications of the Career Foreign Service Corps and thereby enable its
officers and employees to serve effectively the interests of the Republic of
the Philippines abroad; aisa dc
(b) Strengthen
the capability of the Career Foreign Service Corps to conduct studies, analyses
and evaluation of events, both domestic and international, that will serve as
guidelines for achieving an independent foreign policy for the country;
(c) Ensure
broad representation of the Philippine society in the foreign service and,
further, to ensure equal opportunities in the enlistment and recruitment of
officers and employees taking into account the ethnic composition of the
country;
(d) Institute
improvements in the selection and training of personnel so that only competent
persons of good moral character are recruited in the Service;
(e) Provide
that promotions in the Service shall be on the basis of merit;
(f) Guarantee
permanence or security of tenure of the career personnel of the Service during
good behavior and satisfactory performance of duty;
(g) Provide
suitable salaries, allowances and benefits that will attract personnel from all
walks of Philippine life and to appoint persons to the highest positions in the
Service solely on the basis of merit and demonstrated capability in the
promotion of national interests;
(h) Provide
a comprehensive and flexible framework for the administration of the foreign
service consistent with modern practices in this field; and
(i) Consolidate
into one act all provisions of the law relating to the administration of the
foreign service.
In pursuance of the foregoing objective, the
principle of nondiscrimination with respect to sex, creed, language, ethnic
identity and religion shall be strictly enforced.
Sec. 5. Definition
of Terms. - When used in this Act, the term:
(a) "Government"
means the Government of the Philippines;
(b) "Constitution"
means the 1987 Constitution of the Philippines;
(c) "President"
means the President of the Philippines;
(d) "Department"
means the Department of Foreign Affairs;
(e) "Institute"
means the Foreign Service Institute;
(f) "Secretary"
means the Secretary of Foreign Affairs;
(g) "Undersecretary"
means the Undersecretary of Foreign Affairs;
(h) "Government
agency" means any executive branch of the Philippine Government, or any
corporation owned or controlled by the Government of the Philippines;
(i) "Service"
means the Foreign Service of the Philippines which includes all officers and
employees of the Department of Foreign Affairs in the home office and/or
foreign service;
(j) "Home
office" means the Department of Foreign Affairs and its offices in the
Philippines;
(k) "Post"
means all Philippine embassies, missions, consulates general and other foreign
service establishments maintained by the Department of Foreign Affairs;
(l) "Chief
of mission" means the head of an embassy or other diplomatic missions of
the Philippines, or any person appointed by the President to such position,
whether serving in the home office or foreign service; and
(m) "Principal
officer" means the head of a consulate or consulate general of the
Philippines.
Sec. 6. Undersecretaries.
- Upon recommendation of the Secretary, the President shall appoint three (3)
undersecretaries to advise and assist the Secretary in the formulation and
implementation of the Department objectives and policies, and to coordinate and
oversee the operational activities of the Department of Foreign Affairs.
The Secretary shall designate one (1) of the
undersecretaries in his absence.
Sec. 7. Categories
of Personnel. - The Service shall consist of the following categories of
officers and employees: aisa dc
(a) Chiefs
of Mission, Class I and II;
(b) Career
Ministries;
(c) Foreign
Service Officers, Class I, II, III, and IV;
(d) Foreign
Service Staff Officers, Class I, II, III and IV;
(e) Foreign
Service Staff Employees, Class I, II, and III;
(f) Alien
or locally hired employees; and
(g) Honorary
Consuls.
Sec. 8. Designation
of Foreign Officers in the Foreign Service. - In the Service, foreign, service
officers shall be commissioned as diplomatic or consular officers, or both, and
all the official acts of these officers shall be performed under such
commissions. Diplomatic and consular titles shall be coterminous with the
assignment at the post.
A chief of mission shall be assigned as ambassador
extraordinary and plenipotentiary to head a diplomatic mission, or as deputy
head of mission or as consul general to head a consular establishment.
A career minister shall be assigned as career
minister in a diplomatic mission or as consul general to head a consular
establishment.
A foreign service officer, class I, shall be
assigned as first secretary in a diplomatic mission or consul in a consular
establishment.
A foreign service officer, class II, shall be
assigned as second secretary in a diplomatic mission or consul in a consular
establishment.
A foreign service officer, class III, shall be
assigned as third secretary in a diplomatic mission or vice-consul in a consular
establishment.
A foreign service officer, class IV, shall be
assigned as third secretary in a diplomatic mission or vice-consul in a
consular establishment.
In a diplomatic post where there is a consular
section, foreign service officers may be designated as both diplomatic and
consular officers.
Sec. 9. Designations
of Foreign Service Officers in the Home Office. - A chief of mission shall be
designated by the Secretary as assistant secretary when assigned to head any of
the eleven (11) principal offices of the Department. These offices are: Office
of American Affairs; Office of Asia and Pacific Affairs; Office of European
Affairs; Office of Middle East and African Affairs; Office of Administration,
Protocol and Personnel Services; Office of Fiscal Management; Office of ASEAN
Affairs ; Office of United Nations and International Organizations; Office of
Consular Affairs; Office of Legal Affairs; and Office of Policy Planning and
Coordination. The Secretary is hereby authorized to review and realign
periodically the principal offices of the Department in order to effectively
meet the requirements of the Service.
The Director of the Foreign Service Institute shall
be also have the title of assistant secretary.
Chiefs of mission designated as assistant
secretaries shall retain their items as chiefs of mission. The post of
assistant secretary shall be reserved for career chiefs of mission: Provided,
however, That all incumbent assistant secretaries who are non-career officials
shall continue to hold office until June 30, 1992 unless sooner removed by the
President. Thereafter, only career officials may be appointed assistant
secretaries.
A career minister may be designated as executive
director of an office.
A foreign service officer, class I, may be
designated as division director.
A foreign service officer, class II, may be
designated as assistant division director.
A foreign service officer, class III, may be
designated as assistant division director.
A foreign service officer, class IV, may be
designated as assistant division director.
A foreign service officer in any class, including
chiefs of mission and career ministers, may be designated as special assistant
to the Secretary or the Undersecretary.
A foreign service officer below the rank of the
chief of mission may be designated as principal assistant in any office.
Any assignment in the home office requiring a rank
higher than the actual rank of the officer assigned shall be in an acting
capacity.
Sec. 10. Foreign
Service Staff Personnel. - There shall be a Service Staff Corps to provide the
skills, technical assistance and support services in the home office and the
foreign service. aisa dc
Sec. 11. Staffing
Pattern and Appointments. - The Department shall maintain a permanent staffing
pattern for the home office and for each post in the foreign service which
shall enumerate a definite number of position items in the budget of the
Department for all categories of officers and employees: Provided, That the
staffing pattern may be modified by the Secretary when necessitated by the
opening of new posts in its foreign service or new offices in the home office
as may be required by a reorganization of the Department approved by the
President: Provided, further, That the modification shall be incorporated in
the budget. The number of appointments in all categories of positions shall
strictly conform to the staffing pattern. Appointments may be made only to
specific existing vacant items. Appointments in excess of the number of items
in the budget shall be null and void ab initio. An appointment, including the
appointment of a non-career officer and initial and promotional appointment of
a career officer, shall be valid only if it expressly indicates the specific
number of the item in the budget. The appointment must bear the date when it
was signed, and the Department must certify that the item is vacant on the
specified date.
Sec. 12. Establishment
of Foreign Service Posts. - The national interest and security shall be the
paramount consideration in the establishment of embassies, missions, consulates
general and other foreign service establishments maintained by the Department
and the priority areas shall be in the countries where the following exist:
(a) Extending
diplomatic, financial, material, humanitarian support and other expressions of
solidarity;
(b) Favorable
trade relations and investments currently exist or prospects for trade and
investments are favorable;
(c) A
considerable number of Filipino citizens; and
(d) Adherence
to the principle of reciprocity and where such is extended to us.
The Secretary shall define the territorial limits of
consular jurisdictions.
Sec. 13. Promotion
of Philippine Arts and Culture. - All Service establishments abroad shall
promote Philippine arts and culture, works of art of Filipino artists and
Philippine products, including paintings, records, books and literature on
Philippine history and culture, which shall be used, displayed and exhibit in
these offices. Whenever practicable, Philippine products shall be used to
furnish these offices.
All gifts given by reason of official and social
functions of the foreign service establishments shall be products sourced from
the Philippines. The Secretary shall provide in the annual budget of the
Department amount as is necessary to cover the cost acquisition, display and
exhibition of these works.
Title II
APPOINTMENTS
Part. A.
Foreign Service Officers
Sec. 14. Initial
Appointment of Foreign Service Officers. - Consistent with the goal of
developing and strengthening the Career Foreign Service Corps, recruitment into
the ranks of foreign service officers shall be exclusively through open
competitive examinations to determine the competence, fitness and aptitude of
candidates for foreign service work. No person shall be eligible for
appointment as a foreign service officers unless he has passed these
examinations and demonstrated his loyalty to the Republic of the Philippines
and adheres to the principles of the Constitution. The President shall extend
initial appointments of foreign service officers exclusively from the list
submitted by the Secretary containing the names of those who passed the
examinations. Such initial appointments shall be to the lowest rank of foreign
service officer, class IV. Any person who, after having passed the
examinations, declines to accept an initial appointment as foreign service
officer within a period of one (1) year from the date of he was offered the
appointment shall be required to take and pass examinations again in order to
be eligible for an initial appointment.
All appointments of foreign service officers shall
be to a class and to not to a particular post.
Sec. 15. Internship
Program. - Immediately following their appointments as foreign service
officers, class IV, the individuals concerned shall undergo a one-year
cadetship. The program shall consist of (6) months intensive classroom
instructions on all aspects of consular and diplomatic duties and
responsibilities. The next six (6) months shall be cover an on-the-job
training.
Sec. 16. Ambassadorial
Appointments. - The President shall nominate and, with the consent of the
Commission on Appointments, appoint ambassador extraordinary and
plenipotentiary to head embassies and permanent missions. All ambassadorial
appointments shall be to a particular post only.
Career foreign service officers may be appointed by
the President as ambassadors extraordinary and plenipotentiary and shall retain
their items originally held prior to their appointments after their tour of
duty as ambassadors extraordinary and plenipotentiary: Provided, however, That,
during their tour of duty as ambassadors extraordinary and plenipotentiary,
they shall not be promoted to the next higher rank.
Sec. 17. Heads
of Diplomatic and Permanent Missions. - In order to strengthen the Career
Foreign Service Corps and to enable to it respond to challenges in the field of
international relations, the President shall be guided, as much as possible, by
the principle that a majority of diplomatic and permanent missions shall be
headed by career ambassadors.
Sec. 18. Reinstatement
of Foreign Service Officers. - The President may, upon recommendation of the
Secretary, reappoint to the Service a former foreign service officer who has
served continuously for at least two (2) years in the Department, who has been
separated from the Service by reason of appointment or election to some other
position in the government service. The same privilege shall apply to a former
foreign service officer who has been separated from the Service by reason of
appointment to the United Nations or other reorganized regional or
international organizations and who has served continuously in said regional or
international body for at least two (2) years up to the time of reappointment.
The Secretary shall, taking into consideration the qualifications and
experiences of the candidate of reappointment and the rank of his
contemporaries in the Service, recommend the class to which the candidate shall
be reappointed. Such reappointment shall be availed of only once and be subject
to confirmation by the Commission on Appointments.
Part B.
Foreign Staff Officers and Employees
Sec. 19. Appointments.
- The shall appoint all foreign service staff officers and foreign service
staff employees in accordance with the Civil Service rules and regulations.
Recruitment on the foreign service staff officer level shall be made through a
competitive examination open to personnel of the Department and outsiders, the
successful candidates of which shall be certified by the Board of Foreign
Service Examinations for appointment by the Secretary.
Sec. 20. Civil
Service Eligibility. - No person shall be appointed foreign service staff
officer or foreign service staff employee unless he is a civil service
eligible: Provided, however, That priority shall be given to those who passed
the examinations for foreign service staff officers and foreign service staff
employees conducted by the Board of Foreign Service Examinations. cd i
Part C.
Provisions of General Application to All Officers
Sec. 21. Philippine
Citizenship and Permanent Residency. - No person shall be eligible for
appointment to a permanent item in the career service to whatever rank or class
who is not a citizen and permanent resident of the Philippines at the time of
his appointment and, thereafter, for the entire duration of his tenure in the
Department: Provided, That those who have secured permanent residence status in
a foreign country cannot be appointed to a permanent item in the career service
unless they have given up said status for at least one (1) year and established
permanent residence in the Philippines for at least the same period.
Sec. 22. Auditing
Requirements. - The Department shall be authorize nor shall the Commission on
Audit pass in audit payment of salaries and allowances of any person appointed
to any position in the Department in violation of the requirements enumerated
under Parts A, B and C, Title II of this Act. Any salary and allowance received
on the basis of such invalid appointments shall be refunded by the persons so
appointed.
Sec. 23. Compulsary
Retirements. - All officers and employees of the Department who have reached
the age of sixty-five (65) shall be compulsorily and automatically retired from
the Service: Provided, however, That all incumbent non-career chiefs of mission
who are seventy (70) years old and above shall continue to hold office until
June 30, 1992 unless sooner removed by the appointing authority. Non-career appointees
who shall serve beyond the age of sixty-five (65) years shall be entitled to
retirement benefits.
Part D.
Alien or Locally Hired Employees
Sec. 24. Appointments
and Transfers. - The Secretary may authorize chiefs of mission or principal
officers to appoint alien or locally hired employees for their respective
embassies and consulates: Provided, That Filipino citizens shall be given
preference. Such employees, however, may not be transferred to another country
but may be assigned from one office to another within the same country where
orginally appointed at the discretion of the chief of mission concerned.
Part E.
Honorary Consuls
Sec. 25. Appointments.
- The Secretary may appoint honorary consuls in areas where there are no
Philippine embassies or consulates, under such regulations as may be prescribed
by the Department. Honorary consuls shall be appointed from among qualified
private persons preferably of Philippine citizenship to perform certain
consular functions on non-career basis. Honorary consuls are not given fixed
salaries or allowances.
Title III
PROMOTIONS
Part A.
Foreign Service Officers
Sec. 26. Foreign
Service Officers Promotion List. - On the basis of recommendations made by the
Board of Foreign Service Administration, the Secretary shall, from time to
time, furnish the President with the names of career service officers qualified
for appointment to the next higher class, from foreign service officer, class
IV, to chief of mission, class I.
Sec. 27. Cumulative
Number of Years of Service in Each Class. - The Secretary may determine a
standard performance based on merit for each class which must be met before any
foreign service officer may become eligible for promotion to a higher class.
All foreign service officers shall be required to render satisfactory service
continuously for a minimum period of three (3) years in each class and for the
total cumulative period computed at three (3) years for each class before they
become eligible for promotion to the next higher class: Provided, however, That
foreign service officers who have shown exceptional and meritorious qualities
and have rendered exemplary service may be promoted to the next higher rank as
an exception hereof.
Sec. 28. Examination
for Promotion. - Foreign service officers, class, I, who have completed at
least two (2) years of "very satisfactory" service in the rank are
required to pass an examination for promotion to the administered by the Board
of Foreign Service Examinations before they shall be eligible for appointment
as career ministers.
Sec. 29. Determination
of Seniority. - Career ministers and chiefs of mission, class I and II, shall
not have grades classifications within each class. Seniority shall be
determined by their original dates of appointment as career ministers, as well
as the dates of their original entry into the Department.
Sec. 30. Lateral
Entry. - Lateral entry into the Career Foreign Service Corps shall be permitted
for those individuals who have successfully passed at the written and oral examinations
conducted by the Board of Foreign Service Examinations but at the time when
offered an appointment as foreign service officer, class IV, decided to join
another government agency: Provided, however, That:
(a) The
duration from initial offer of appointment and his request for lateral entry in
the Career Foreign Service Corps shall not exceed more than six (6) years;
(b) That he
has very satisfactorily served another government agency for the same duration;
(c) His
reappointment shall be confirmed by the Commission on Appointments; and
(d) The
rank to which he is being reappointed shall not be higher than that of his
successful co-examinees who have joined by the Service immediately after being
offered the appointment.
Part B.
Foreign Service Staff Officers and Employees
Sec. 31. Foreign
Service Staff Officers and Employees Promotion List. - On the basis of
recommendations made by the Office of Personnel and Management Services, the
Board of Foreign Service Administration shall, from time to time, furnish the
Secretary with the names of career foreign service staff officers and foreign
service staff employees qualified for appointment to the next higher class from
foreign service staff employee, class II, to foreign service staff officer, class
I. All foreign service staff personnel shall be required to render satisfactory
service continuously for a maximum period of two (2) years in each class and
for the total cumulative period computed at two (2) years in each class before
they become eligible for promotion to the next higher class.
Sec. 32. Senior
Staff Officers. - Personnel who have attained the highest rank in the staff
service and have rendered service in that position continuously for a period of
five (5) years and a cumulative period totaling at least fifteen (15) years
shall be eligible for promotion in salary and allowances equivalent to the
maximum salary and allowances of foreign service officer, class IV: Provided,
That they shall have consistently received a minimum efficiency rating of
"very satisfactory" throughout those years of service. acd
Thereafter, for every additional six (6) years of
continuous very satisfactory service, they shall be eligible for promotion in salary
and shall allowances equivalent to the minimum salary and allowances of the
next higher class of foreign service officer.
Part C.
Provisions of General Application to All Officers and Employees
Sec. 33. Performance
Evaluation System. - The Secretary shall prescribe a performance evaluation
system which shall be the basis for the periodic review of performance of all
officers and employees. Particularly, the performance evaluation system shall
address itself to the weeding-out of incompetent and sterile career personnel
and abusive political appointees.
Sec. 34. Effects
of Promotions. - Promotions made in violation of this Act shall be null and
void and thus have no force and effect. The persons so promoted under such
circumstances are deemed to have retained their old positions. Any salaries and
allowances derived from such promotions shall be subject to the provisions of
the following sections.
Sec. 35. Auditing
Requirements. - The Department Fiscal Officer shall not authorize nor shall the
Commission on Audit pass in audit the payment of salaries and allowances of any
person promoted to any position in the Department in violation of the
requirements enumerated under Parts A and B, Title III of this Act. Any
salaries and allowances received on the basis of such invalid promotions shall
be refunded by the persons so promoted.
Title IV
ASSIGNMENTS AND TRANSFERS
Sec. 36. Initial
Service in the Home Office. - Except for non-career chiefs mission appointed by
the President, no member of the Career Foreign Service Corps shall be assigned
to any post abroad unless he has rendered continuous and satisfactory service
in the home office for at least three (3) years including undertaking an
intensive familiarization program of Philippine conditions, urban and rural.
Sec. 37. Tour
of Duty. - Subject to the exigencies of the service;
(a) The
tour of duty of a foreign service officer at any post shall be six (6) years
commencing on the date of his arrival at the post, after which he shall serve
in the home office;
(b) The
tour of duty of a foreign service officer or employee at any post shall be for
a period of six (6) years commencing on the date of his arrival at the post,
after which he shall serve in the home office;
(c) No
foreign service, office, foreign service staff officer or employee shall be
assigned abroad after return to the home office or recall unless he has
rendered continuous and satisfactory service in the home office for at least
three (3) years;
(d) Any
foreign service officer, foreign service staff officer or employee on
assignment abroad may be recalled to the home or dismissed from the Service at
any time for unsatisfactory performance as certified by the head of post and
approved by the Secretary upon recommendation of the Board of Foreign Service
Administration; and
(e) No
foreign service officer may serve for more than three (3) consecutive years in
home office, except when designated as Secretary, Undersecretary or Assistant
Secretary.
Sec. 38. Rotation
Plan. - The Secretary shall established a system of assignment and transfer to
ensure that all qualified career service officers and employees in the
Department shall alternately serve in the diplomatic and consular post in
different regions of the world and in the home office. Excluded from the
rotation plan are those in the non-career service and those in the career
service appointed to such positions which, in the judgment of the Secretary,
require a posting of longer duration in the home office.
For this purpose, Manila shall be considered a
separate post. The Secretary shall promulgate the guidelines including the
financial implications of the provision.
The assignments and transfers of personnel shall
follow a regular rotation plan and no officer or employee shall be assigned to
a post for less than two (2) or more than six (6) years. For the purpose of
assignments, the home office shall be considered as another post. In no case
shall an officer or employee be assigned to the same post for two (2)
consecutive tours of duty unless he shall have served in other posts located in
other regions where there are foreign service establishments. Assignments to
hardship posts shall not exceed three (3) years.
Assignments to posts abroad shall take into
consideration the particular area of concern that the Government seeks to
promote so that only personnel qualified and trained, with a basic knowledge of
the language, shall be assigned to said country.
Sec. 39. Security
Clearance. - To ensure immediately availability of officers and employees
foreign assignments and appointments, the Secretary shall periodically submit
the names and personal histories of newly recruited officers and employees to
the appropriate government security agency or agencies for clearance. The
security agency or agencies concerned shall act with dispatch on requests for
clearance and failure to act on said requests within forty-five (45) days shall
be deemed a grant thereof. aisa dc
Title V
ATTACHES
Sec. 40. Regular
Attaches. - The Secretary shall designate attaches to various posts abroad from
the rank of foreign service officer and foreign service staff officer.
Sec. 41. Service
Attaches and Representatives of Other Departments. - The assignment and
accreditation of personnel in any department, bureau or agency of the
Government as service attaches to embassies or representatives to consulates
shall have the prior clearance of the Secretary who shall take into account the
specific places where the services of these officers or employees from other
the government agencies are needed, except trade attaches who shall be assigned
and accredited only after consultation with the Trade Secretary.
Sec. 42. Appointment.
- The authority to appoint service attaches and representatives shall be vested
in the department secretary sending said officers and employees. A department
or agency shall only one (1) service attache or representative accredited to
one (1) post, except military and commercial attaches.
Sec. 43. Relationship
Between the Chief of Mission and Service Attaches. - The chief mission shall be
responsible for the conduct of the affairs of the Government at his diplomatic
post and all service attaches of the other departments and agencies of the
Government shall, during their tour of duty abroad, be under his immediate
control and administrative supervision. Said attaches shall course through the
chiefs of mission all reports, documents and materials to their respective home
agencies in the Philippines and shall transmit the same through the diplomatic
pouch, the costs of which shall, however, be shouldered by their respective
offices. The service attache shall clear with the chief of mission concerned
all their public pronouncements at the post.
Sec. 44. Relationship
Between the Principal Officer and Representative. - The relationship between
the principal officer at a consular post and the representative assigned
thereto shall be the same as the relationship between the chief of mission and
the service attache at diplomatic post, under Section 43, Title V of this Act.
Sec. 45. Inter-department
Committee. - There shall be an Inter-department Committee to be composed of an
Undersecretaries or their counterparts from other departments and government
agencies with service attaches or representatives abroad, as members. The
Committee shall prescribe a uniform set or rules and regulations for attache
and representative services and shall meet regularly to assess the performance
of their respective officers and employees abroad with the view to improve
their output as well as maintaining and strengthening efficient and harmonious
relationships with the chief of mission and principal officer and other
government workers in the embassy or consulate where they are assigned.
Title VI
BOARD OF FOREIGN SERVICE EXAMINATIONS
Sec. 46. Composition.
- There shall be a Board of Foreign Service Examinations to be composed of an
Undersecretary of Foreign Affairs, as Chairman, the Head of Personnel and
Administrative Services and a Commissioner of the Civil Service Commission, as
members, and the Director of the Foreign Service Institute, as Board Secretary.
Sec. 47. Functions.
- The Board shall conduct examinations and nominate to the President, through
the Secretary, successful candidates for appointments as foreign service
officers, class VI. It shall receive and screen applications for the foreign
service officer (FSO) examinations.
The Board shall prescribe the academic training and
practical experiences required of candidates and determine the subjects on
which the written and oral examinations shall be held. The Board shall prepare,
conduct and grade the written examinations and certify to the Secretary for
oral examinations those candidates who obtained a general average of
seventy-five percent (75%) or higher. In the preparation of questions and the
grading of examination papers on any subject, the Board may request, through
the secretary of the department concerned, the assistance of any competent
officer in the government service.
Sec. 48. Qualifications
of Applicants. - Foreign service officer (FSO) examinations shall be open to
those who are citizens and permanent residents of the Philippines. No person,
of either sex, married to an alien may take the examinations without the
written consent of the Secretary. Applicants must be holders of a four-year
bachelor's degree, below thirty-six (36) years old, and physically and
phychologically fit: Provided, That any person who is holding a position of
responsibility in the Department or the Institute for at least two (2) years prior
to the date of examination and who is otherwise qualified to take the
examinations may do so, regardless of the maximum age limit prescribed.
Sec. 49. Staff.
- The Secretary shall assign to the Board such officers and employees as may be
necessary to assist in the efficient performance of its functions.
Title VII
BOARD OF FOREIGN SERVICE ADMINISTRATION
Sec. 50. Composition.
- There shall be a Board of Foreign Service Administration to be composed of
one (1) of the Undersecretaries, as Chairman, and the two (2) other
Undersecretaries and the Assistant Secretaries of the different offices in the
Department, including the Director of the Institute, as members. cd i
Sec. 51. Functions.
- The Board shall make recommendations to the Secretary concerning the
functions and operations of the Service, the policies and procedures to govern
the selection, assignment, promotion, discipline and separation from the
Service of chiefs of mission, career ministers, foreign service officers,
foreign service staff officers and foreign service staff employees, and the
policies to govern the administration and personnel management of the Service:
Provided, That the chiefs of mission who are commissioned by the President as
ambassadors extraordinary and plenipotentiary shall not be investigated by the
Board or separated from the Service unless there is an express written
directive from the President. It shall establish the efficiency ratings of
service personnel and shall perform such other duties as may be assigned to it
by law or regulation, including those that may be issued by the Secretary. It
shall consider administrative cases brought against officers and employees who
commit offenses against the interest of public service and submit to the
Secretary its findings and recommendations.
The Board shall keep a lineal roster of all chiefs
of mission, career ministers, foreign service officers, foreign service staff
officers and foreign service staff employees strictly in the order of their
ranks and seniority in each rank or class, based on their respective dates of
appointment. In submitting recommendations for promotions to the President,
through the Secretary, the Board shall base its recommendations on/the
efficiency ratings and seniority of the officers and employees concerned.
Sec. 52. Prohibitions.
- No member of the Board, while acting as such member, shall intervene in any
way, directly or indirectly, in Board deliberations affecting himself or any
relative of his within the fourth civil degree either be consanguinity or
affinity.
Sec. 53. Disqualifications.
- The following circumstances shall disqualify any officer or employee from
being considered for assignment abroad or promotion:
(a) Pending
criminal case with the Sandiganbayan;
(b) Lack of
required lenght of service as foreign service officer, as embodied under
Section 27, Part A, Title III of this Act, except those who enjoyed merit
promotion;
(c) Below
"very satisfactory" rating covering the six-month period immediately
before the deliberations for assignments or promotions are held: and
(d) Seeking
political interference for his promotion/assignment which weakens the
principles of the foreign service.
Sec. 54. Disciplinary
Actions. - In the investigation of administrative cases against officers and
employees of the Department, the applicable rules and regulations and
guidelines promulgated by the Civil Service Commission shall be strictly
observed.
No officer or employee of the Department shall be
subjected to disciplinary action or otherwise be removed or separated from the
Service except for cause as provided for by law in accordance with requirements
of due process.
Disciplinary action may be taken against an officer
or an employee only by the appropriate disciplinary authority, to wit:
(a) The
President for all presidential appointees of the Department, upon the
recommendation of the Secretary; and
acd
(b) The
Secretary for all those appointed by him or by his predecessors.
No officer or employee of the Department facing
administrative charges shall be effectively suspended or otherwise prevented
from exercising his normal duties and functions unless so ordered by
appropriate disciplinary authority on grounds provided for by law.
In the interest of harnessing all the human
resources in the Department, no officer or employee shall be "frozen"
or "floated" or otherwise deprived of an assignment, duties or
functions appropriate to his rank and position, except for justifiable reasons.
Sec. 55. Separation
from the Service. - The following shall constitute sufficient bases for
separation from the Service of any foreign service officer or employee, of all
ranks and classes:
(a) Voluntary
resignation;
(b) Disloyalty
to the Government, unsatisfactory performance of duty, neglect of duty,
misconduct, malfeasance, graft, corruption, immoral conduct or gross violation
of the Civil Service laws, rules and regulations and reasonable Department
rules and regulations;
(c) Any
officer or employee who has been given an "unsatisfactory" rating for
three (3) consecutive years under the rating system as promulgated by the
Secretary in accordance with this Act shall automatically be recommended for
separation from the Service;
(d) Refusal
of assignment or recall order without valid justifications.
All those found by the Board to be guilty of charges
mentioned in paragraph (b) shall be separated from the Service by the President
or the Secretary, as the case may be.
The rating system mentioned in paragraph (c) shall
be based on generally accepted Civil Service rules and regulations including
the right of the officer or employee being rated to appeal to higher
authorities for what he feels is arbitrary or overly subjective rating;
(e) With
respect to locally or hired or alien employees, the chief of mission or
principal officer concerned may separate them from the Service at any time for
any cause he may deem sufficient for the purpose, in accordance with local laws
and regulations on the matter; and
(f) Honorary
consuls may be separated from the Service by the Secretary at any time and for
any cause he may deem for the purpose.
Title VIII
FOREIGN SERVICE INSTITUTE
Sec. 56. Composition.
- There shall be a Foreign Service Institute, whose board shall be composed of
the Secretary, as Chairman, and the Chairman of the Civil Service Commission,
the President of the University of the Philippines, the President of the
Development Academy of the Philippines, and the Director of the Foreign Service
Institute, as members.
Sec. 57. Functions.
- The Institute, through its academic, training, research, information,
publication, systems development and other programmes, shall serve as the
center for the development and professionalization of the career corps of the
foreign service of the Department and other government agencies which have
officers and employees assigned abroad. It shall maintain a Center of
International Relations and Strategic Studies (CIRSS) and shall otherwise
function as a research institution on issues and problems with foreign policy
implications, global and regional strategies and management of foreign affairs
while serving as institutional consultant of the Department on matters related
to foreign policies and programmes as well as development management, planning,
review and evaluation processes in the Department. The Institute shall, inter
alia, pursue a training program for those who are leaving for foreign
assignments and for those who are recalled and shall hold seminars, including
language courses, to prepare such officers and employees for their new
assignments.
Sec. 58. Operations.
- The Institute shall continue to operate under its own charter. The Director
of the Institute shall be a senior career chief of mission with the title of
assistant secretary.
Sec. 59. Performance
Report. - The Foreign Service Institute shall submit to the President and to
Congress an annual performance report.
Title IX
FOREIGN INFORMATION COUNCIL
Sec. 60. Foreign
Information Council. - There is hereby created a Foreign Information Council
composed of the Secretary of Foreign Affairs, as Chairman, and the Secretaries
of Defense, Trade and Industry, Tourism, Labor and Employment, and the Office
of the Press Secretary, as members. The Foreign Information Council shall
provide policy guidance in the formulation of effective overseas information
and communications strategies to ensure better understanding of Filipino
values, culture and institutions overseas; an accurate presentation of policies
in the Government especially in the fields of trade and investment; and
coordination of overseas information programs of various government agencies
and other entities.
Title X
SALARIES
Sec. 61. Salary
Rates. - The President upon recommendation of the Secretary shall recommend to
Congress a scale of salaries for officers and employees in the Department and
the Institute which shall be subject to periodic review. cdtai
Title XI
INSURANCE AND RETIREMENT SYSTEM
Sec. 62. Membership
in the Government Service Insurance System. - All permanent officers and
employees of the Service who are citizens of the Philippines shall have
compulsory insurance coverage under the rules and regulations governing the
same: Provided, however, That the President upon recommendation of the
Secretary may, as soon as practicable, submit for enactment by Congress a
foreign affairs retirement and disability system, taking into account the
difficulties of foreign service personnel in setting aside sufficient savings
to take care their eventual retirement in the Philippines due to old age or
some other disability, with the increased burden of establishing a home in the
Philippines after completion of their tour of duty abroad.
Title XII
ALLOWANCES, PER DIEMS, TRAVEL EXPENSES
AND BENEFITS
Part A.
Allowances
Sec. 63. System
of Allowances. - The President upon recommendation of the Secretary shall
recommend to Congress the establishment of a system of allowances for foreign
service personnel which shall be subject to periodic review and shall include
the following:
(a) Overseas
allowance. - To adjust take home pay of foreign service personnel for any
changes in the cost of living abroad which arise from changes in foreign
currency conversion rates, differentials in cost of living between the
Philippines and foreign post, and extraordinary and necessary expenses not
otherwise compensated for, which are incurred by officers or employees in the
foreign service;
(b) Living
quarters allowances. - To enable personnel to whom those are granted to live in
a manner benefitting their representative capacity but not purpose of
augmenting basic salary;
(c) Clothing
allowance - To compensate for increased cost of clothing incurred by foreign
service personnel assigned to post whose climates are different from that of the
Philippines or where unusual circumstances exist;
(d) Post
allowance - To defray unusual expenses incident to the operation and
maintenance of an official residence suitable for the chief diplomatic or
consular representative of the Philippines at his post;
(e) Representation
allowance - The enable chiefs of mission, special envoys, ministers, permanent
delegates or representatives to international bodies, principal officers and
other ranking diplomatic officers stationed abroad uphold the prestige of the
Republic of the Philippines and otherwise to present the country with
distinction and dignity;
(f) Education
allowance. - To compensate for additional educational cost incurred by officers
and employees assigned abroad for legal dependent children not exceeding three
(3) in number who are enrolled in the primary and elementary grades and high
school where free public education is absent;
(g) Medical
allowance - Intended to cover the cost of medical insurance in countries where
medical care is unusually expensive, including cost of hospitalization and
medical treatment for foreign service personnel and legal dependents living
with the officers and employees at the post; and
(h) Family
allowance - To assist foreign service personnel living with their families at
the post of assignment in meeting the incremental expenses arising from foreign
assignment computed for the dependent spouse and for unmarried legal minor
dependent children not exceeding three (3) in number.
Sec. 64. Rates
and Policies on Allowances. - The President shall approve, upon recommendation
of the Secretary and the Secretary of Budget and Management, rates, indices,
maximum allowable amounts and policies on allowances which shall be applicable
to all national government employees stationed abroad pursuant to the Foreign
Service Decree.
Sec. 65. Living
Quarters Allowance. - Commutable living quarters allowable shall be granted to
officers or employees in the Service assigned aboard who are citizens of the
Philippines. Such allowance may cover the rental or quarters including
utilities, telephone and other maintenance expenses which may be revised as to
amounts not more often than once a year with the approval of the President.
On transfer from post, allowances shall cease at the
end of the month following departure therefrom. Commutable living quarters
allowance shall be granted at a per annum rate and shall be commuted and paid
monthly beginning on the first day of the month following the arrival of the
payee at his post of assignment: Provided, however, That the suitability of
said quarters in each post shall be officially certified under oath by the
chief of mission or principal officer: Provided, further, That the equivalent
of said allowance corresponding to the first three (3) months following arrival
at post shall be paid immediately upon its accrual. On transfer from post,
allowances shall cease at the end of the month following departure therefrom.
No living quarters allowance shall be paid to
persons occupying government-owned, furnished and heated quarters. No allowance
shall be paid for quarters occupied free or under arrangements with other
parties permitting direct or indirect gain to the claimant or his family.
If a person entitled to living quarters allowance
occupies quarters owned by him, his wife or children, he shall be entitled to a
quarters allowance equal to fifty percent (50%) of the rental value of the
quarters. The chief of mission or principal officer, as the case may be,
jointly with the administrative officer shall certify under their official
oaths the rental value on the face of the cash voucher.
Lease contracts entered into by any officer or
employee assigned abroad should contain a "Diplomatic Clause" whereby
the tenant should he be reassigned to another post or is recalled to the home
office. casia
In case of detail of the officer or employee from
his post of assignment (detail to the home office excluded), the quarters
allowance shall cease to accrue from the first day of the month following the
date of his departure unless it can be shown that the rented quarters used as
his residence has been retained at the post of assignment and the rentals
thereof are continued, but in no case shall the allowance continue beyond three
(3) months without the prior approval of the Secretary. If the officer or
employee own the quarters occupied by him, payment of the allowance shall cease
immediately unless otherwise authorized by the Secretary.
In case officer or employee is on home leave, the
allowance shall cease to accrue from the first day of the month following the
date of his departure from his post, unless it can be shown that the rented
quarters used as residence has been retained at the post of assignment, but in
no case shall the allowance continue beyond three (3) months. This regulation
shall apply also in cases where extended leaves of absence are taken in any
other emergency cases necessitating departure from the post of assignment
unless otherwise authorized by the President upon recommendation of the Secretary.
If the officer or employee owns the house occupied by him, the allowance shall
be discontinued.
Sec. 66. Overseas
Allowances. - Overseas allowance shall be given to any officer or employee in
the Service assigned abroad, who is a citizen of the Philippines, whenever the
following conditions exist, and certified by the Secretary:
(a) That
the cost of living at a post abroad is proportionately so high that an
allowance is necessary to enable an officer or employee at such post to carry
out his work efficiently;
(b) That
extraordinary and necessary expenses, not otherwise compensated for, are
incurred by an officer or employee of the foreign service incident to the
establishment of his post of assignment; and
(c) That
an allowance is necessary to assist an officer or employee of the foreign
service who is compelled by reason of dangerous, notably unhealthy or
excessively adverse living conditions at his post abroad or for the convenience
of the Government to meet the additional expenses of maintaining an assignment.
Sec. 67. Adjustment
in the Overseas Allowance. - A permanent committee is hereby created,
consisting of the Secretary as Chairman and, as members, the Secretary of
Budget and Management and the Governor of the Central Bank, with the objectives
of compiling information on foreign currency exchange rate fluctuations and
price levels abroad and of recommending periodic adjustments in the amount of
overseas allowance to foreign service personnel of the National Government in
each foreign service post: Provided, That official United Nations consumer
indices shall be specifically considered in the committee's evaluation:
Provided, further, That the adjustments shall be made not more often than once
a year: Provided, furthermore, That the implementation shall be subject to the
availability of funds.
Sec. 68. Family
allowance. - A commutable family allowance shall be granted to any officer or
employee assigned abroad who is a citizen of the Philippines and who is living
with his family at the post of assignment, to a dependent spouse and to each
unmarried legal minor dependent child but not exceeding three (3) in number. If
both husband and wife are in the Service and assigned in the same post, only
one (1) of them may claim the allowance.
No family allowance for spouse shall be payable if
the claimant is a widow/widower or separated or when his/her spouse is
gainfully employed. However, if the claimant has minor unmarried dependent
children to support, he/she shall be entitled to the family allowance of each
child but not exceeding three (3) in number.
Unmarried children living with the officer or
employee who are mentally and physically retarded regardless of age and who are
incapable of supporting themselves shall, for family allowance purposes, be
considered as minor children.
Subject to the prior approval of the Department
Head, full family allowances may be paid to any claimant.
(a) Who is
compelled by reason of dangerous, notably unhealthy, or excessively adverse
living conditions, or by other unavoidable circumstances, like lack of
educational facilities for his children at his post of assignment, which
renders its inadvisable for any or all the members of his family to live with
him at his post; or
(b) Who,
for the convinience of the Government, must live alone without any or all the
members of his family at his post of assignment.
All other meritorious cases by considered by the
Department Head as the circumstances and the exigencies of the Service may
warrant.
Sec. 69. Post
Allowance. - An allotment of fund may be made by the Secretary to any post to
defray the unusual expenses incident to the operation and maintenance of an
official residence suitable for the chief diplomatic or consular representative
of the Philippines at the post.
Post allowance shall be granted at a per annum rate
for fiscal years beginning on the first day of the month following arrival
thereat. Post allowance shall be payable only when the officer is on duty
status at his station. For the purpose of this allowance, such officer shall be
deemed on duty status at his station;
(a) When
on temporary duty even outside by the city or place where he maintains regular
office but remains within the territorial limits of his diplomatic or consular
jurisdiction;
(b) When temporary
duty outside his diplomatic or consular jurisdiction for consecutive period not
exceeding sixty (60) days during he shall be paid the post allowance. Beyond
sixty (60) days, no allowance shall be paid except as specially approved by the
President. Payment of the post allowance shall be resumed only on the date of
the actual return within diplomatic or consular jurisdiction; or
(c) When
he is on leave of absence with fully pay provided the leave is spent within the
territorial jurisdictions of his post. No allowance shall be paid if the
officer goes on leave with pay outside the territorial jurisdiction of his
post. cdasia
The territorial limits, in case of concurrent
jurisdiction, shall extend to all countries or areas comprised in the concurrent
office.
No post allowance shall be paid if the officer lives
in a hotel as his residence.
Sec. 70. Representation
Allowance. - Representation allowance may be granted to chiefs of mission,
special envoys, ministers, permanent delegates or representative to
international bodies, principal officers, and other ranking diplomatic officers
stationed abroad in order to enable such officers to uphold the prestige of the
Republic of the Philippines, to represent their country with dignity,
distinction and to carry out their functions more effectively.
Representations allowances shall be expended only
for purposes which are of a public character, beneficial to the interests of
the public service, and connected with the exercise of the functions of the
Government in relation to the conduct of foreign affairs. They may be expended
for necessary entertainment, charitable contributions, memorials, flowers,
gifts, club initiation fee and membership dues, and the like. The officer to
whom the allowance is granted may disburse any portion of it to cover necessary
entertainment by his subordinates to accomplish certain task assigned to them.
Expenses charged to representation allowance must be
supported by proper receipts or vouchers if the individual amount of expenditures
exceeds Fifty United States dollars (U.S. $50.00) or its equivalent. Where
expenses are incurred for entertainment, the voucher must be accomplished by a
statement of the officer concerned or by such proofs as may be shown that the
expenses have been made in the public interest.
Should special entertaining be necessary because of
formal visits of the Philippine dignitaries traveling on diplomatic or special
passports, the Department Head shall be informed in advance thereof and
specific request for funds therefor be made. No such expenses shall be incurred
without the prior authorization of the Department Head.
Maximum allowable amounts shall be established for
each category of representation allowance in accordance with Section 64, Part
A, Title XII of this Act.
Sec. 71. Clothing
Allowance. - Clothing allowance may be granted to officers and employees of the
Service assigned abroad who are citizens of the Philippines not more often than
once every twelve (12) months, the rates of which shall be determined by the
Department.
Sec. 72. Education
Allowances. - Education allowance may be granted to officers and employees
assigned abroad who are citizens of the Philippines of their legal dependent
children not exceeding three (3) in number, who are enrolled in the primary,
elementary and high school levels. This grant shall not, however, be payable in
respect to post where free educational is provided for.
The allowance may be granted as reimbursement of
actual costs within such maximum amounts as shall be fixed by the Secretary and
the Department of Budget and Management, with the approval of the President,
per school year of each child subject to presentation of receipts and other
evidence of payment of matriculation, tuition, books and other school fees.
Sec. 73. Medical
Allowance. - Foreign service personnel may be required by the Department
concerned to subscribe to a medical insurance scheme available in the host
country. Twenty-five percent (25%) of the corresponding premiums shall be
payable by the personnel concerned and seventy-five (75) thereof shall be borne
by the Government as its contribution.
In the event of illness or injury requiring
hospitalization of a foreign service personnel, not as a result of vicious
habits, intemperance or misconduct or his part, the Government shall reimburse
the cost of medical expenses in accordance with the regulations prescribed in
the first paragraph of the section: Provided, That no medical insurance scheme
is available in the post of assignment.
The medical expenses shall cover the cost of
hospitalization and/or payment of the services of the attending physician,
including travel expenses to and from the hospital or clinic, and such other
incidental expenses as may be incurred in connection with such hospitalization
treatment but not to exceed the amount as fixed pursuant to Section 64 hereof.
Only legal dependents of those mentioned in the
first paragraph hereof living with the officer or employee at the post shall be
entitled to the medical allowance.
Sec. 74. Relocation
Allowance. - Any office or employee of the Service on assignment or from a post
shall be entitled to an allowance for packing at destination furniture and
other household goods and personal effects in such amounts and within such
limitations as may be prescribed pursuant to Section 64, Part A, Title XII of
this Act.
This allowances entitles the officer or employee to
choose either of the following:
(a) Ship
his household goods and personal effects to the authorized destination at the
expense of the Government in accordance with the rules regulations as the
Secretary and the Secretary of the Department of Budget and Management may
prescribe with the approval of the President; or
(b) Receive
the money plus equivalent to fifty percent (50%) of the estimated cost or
packing and shipping of the household goods and personal effects to the
authorized destination as computed in letter (a) above.
Part B. Per
Diems
Sec. 75. Persons
Entitled to Per Diems. - All officers and employees of the Service on travel
status or on assignment out of their regular post shall be entitled to per
diems at such amounts as the Secretary with the approval of the President, may
prescribe by regulations. aisa dc
Sec. 76. Service
Allowance in Lieu of Per Diems. - When meals are included in the fare of any
carrier, no per diems shall be allowed but service allowance equal to fifty
percent (50%) of the per diems authorized shall be payable to the traveler.
Sec. 77. Computation.
- Per diems and service allowance shall be computed by dividing the day into
quarters beginning at midnight. No per diems will be paid for fractions of a
quarter. Local time will be used computing per diems, no consideration being
given to time lost or gained by traveling through the time zones. All vouchers
for per diems must clearly state the exact hour, local time of entry into each
area, as well as the time of original departure from the Philippines or post of
duty and arrival at new post or return to the Philippines or other post of
permanent duty.
Part C.
Travel Expenses
Sec. 78. Class
of Transportation. - All officers and employees of the Service shall be
entitled to economy class transportation by any usual means of public
transportation for themselves, their spouse and dependent minor children, not
exceeding three (3) in number, whenever such travel is duly authorized by the
Secretary: Provided, That this restriction shall not apply to the children in
excess of three (3) of any officer or employee already in the service of the
Department on December 31, 1950. For local travel away from post but within the
district of assignment by any member of the staff, authority for such travel
may be granted by the principal officer present at the post.
Whenever deemed necessary due to high cost of living
or unhealthy conditions obtaining at the post of assignment abroad, the spouse
of any officer or employee in the foreign service and their children, including
their reasonable personal effects may, upon request to the parties concerned,
be allowed economy class return transportation to Manila at the expense of the
Government. This privilege may be extended to unmarried dependent children of
the officer or employee concerned until they become of age (21 years old) while
living with their parents abroad.
This privilege may be granted only once. Any member
of the family (wife, husband or unmarried children) of any officer or employee
who returns to the Philippines in the manner provided in the second paragraph hereof
and who may want to rejoin later the officer or employee abroad either at the
post where such member of the family came, or at another post in the same
country to which the officer or employee has been subsequently transferred,
shall be not be allowed official transportation for his proposed trip. Should
such member rejoin the parent-officer or employee abroad, even at his own
expenses, such member shall not be entitled thereafter to official return
transportation to the Philippines.
Part D.
Benefits
Sec. 79. General
Benefits. - The Secretary shall extend benefits including medical services and
comprehensive health insurance coverage for home office personnel and their
families.
Sec. 80. Leaves
of Absence. - Kinds of Leave - All officers and employees of the Service who
are citizens of the Philippines shall be entitled to thirty (30) days vacation
leave and thirty (30) days sick leave with full pay for each year of service.
Alien or locally hired employees shall be entitled to such vacation and sick
leaves as they might be entitled to if they were employed by their own
government in the place where the post is situated, but in no case should such
leave exceed thirty (30) days vacation leave and thirty (30) days sick leave
for each year of service.
Accumulation of Leaves - Under such regulations as
the Secretary shall prescribe with the approval of the President, all officers
and employees of the Service shall be entitled to the accumulation of any
vacation or sick leave not taken in any year, in accordance with Civil Service
rules and regulations and subject to the exigencies of the Service.
Home Leave - The Secretary may order to the
Philippines for home leave any officer or employee who is a citizen of the
Philippines, together with his family, upon completion of three (3) years of
continuous and satisfactory service abroad or as soon as possible thereafter.
The time actually and necessarily spent in going to and from the Philippines
shall not be counted as leave. While on leave in the Philippines, such officer
or employee may be required to serve in a position of comparable importance in
the Department, but the period of such assignment shall not be counted as
leave: Provided, That the period of this home leave shall not exceed thirty
(30) working days.
Sec. 81. Exemption
from Taxation. - All allowances, per diems, benefits, and the like received by
officers and employees of the Service in consideration of their service while
on assignment abroad, except their basic salaries, shall be exempt from the
Philippine income tax.
Any officer or employee returning from a regular
assignment abroad for reassignment to the home office or who dies, resigns, or
is retired from the Service shall be exempt from the payment of all duties and
taxes on his personal and household effects, including one (1) used motor car
duly registered in his name for at least six (6) months: Provided, however,
That the exemption shall apply only to the value of motor car and to the
aggregate assessed value of said personal and household effects, the latter not
to exceed fifty percent (50%) of the total amount received by such officer or
employee in salary and allowances during his latest assignment abroad but not
to exceed four (4) years: Provided, further, That this exception shall not be
availed of more often than once every four (4) years.
Part E.
Provisions of General Application
Sec. 82. Foreign
Service Compensation Plan. - The provisions of Executive Order No. 495 and
Presidential Decree No. 1285, both issued in 1978, as well as the provisions of
other acts, decrees, orders, letters of implementation, letters of instruction,
and rules and regulations which are not inconsistent with the aforementioned
order and decree shall apply with respect to the foreign service compensation
plan of the Department. For purposes of implementing this title the home office
shall be considered a separate post.
acd
Title XIII
FINAL PROVISIONS
Sec. 83. Organization.
- The Secretary shall effect the organization of the Department and the foreign
service in accordance with the provisions of this Act and, for this purpose, he
is hereby authorized to allot the funds provided for the Department in the
General Appropriations Act.
Sec. 84. Use
of Savings. - The Secretary is hereby authorized the use of any savings in the
appropriation for the Department for the payment of:
(a) Expenses
for the evacuation or repatriation to the Philippines, when necessary due to
emergency, of members of the household of the personnel of any diplomatic or
consular establishment as well as transportation of their personal effects;
(b) Actual
return passage by the most direct and economical means of transportation and
the cost of shipment of the household effects to Manila of any officer or
employee in the foreign service, including the immediate dependent members of
his family, who resigns or is separated from the Service for cause;
(c) The
cost of preparing and transporting the remains of an officer or employee who is
a citizen of the Philippines and the immediate members of his family who may
die abroad or while on travel status; or
(d) Contingent
and unforeseen expenses that may arise in connection with the operation of the
foreign service.
Sec. 85. Pool
of Foreign Service Officers. - In all appropriations acts providing funds for
the operation and maintenance of the Department, the position of foreign
service officers, including those who may serve in the home office, shall be in
a pool grouped according to their classes with their salaries and allowances
indicated in one lump-sum for each class, leaving to the head office the
discretion to assign or commission those officers whenever their services may
be utilized to advantage, subject to the limitations provided by law.
Sec. 86. Passport
Revolving Fund. - The Department is hereby authorized to charge a service fee
of One hundred Philippine pesos (P100.00) or such appropriate amount as may be
prescribed by the Secretary for each service rendered to private individuals
relating to the processing and issuance of passports beyond regular office
hours.
The fees received by the Department shall constitute
a revolving fund to be called the Passport Revolving Fund which shall be
directly utilized by the Department for the improvement of its passporting and
consular services and other Department services.
The setting up, use and disbursement of funds shall
be subject to review, accounting and auditing rules and regulations of the
Commission on Audit.
The Fund shall be subject to an annual review by
Congress.
Sec. 87. Rules
and Regulations. - The Secretary may issue such rules and regulations as may be
necessary to implement the provisions of this Act as well as the provisions of
acts, decrees and orders which are not inconsistent with this Act, including
the formulation of a code of conduct and decorum for all officers and employees
of the Department and other government attaches serving with the Department.
The Secretary shall review periodically all existing
administrative rules and regulations embodied in the Foreign Service Code of
1983 with the end in view of updating such rules and regulations which may be
inconsistent with national interest. Special reference is made to rules and
regulations in the issuance of passports and visas which may need to be revised
and updated.
Sec. 88. Appropriations.
- There is hereby authorized to be appropriated from the National Treasury such
amounts as may be necessary to provide for any salary and allowances of
ambassadors extraordinary and plenipotentiary appointed by the President outside
of the Career Foreign Service Corps. Thereafter, such amounts shall be
incorporated in the General Appropriations Act under the annual budget of the
Department of Foreign Affairs. acd
Sec. 89. Separability
Clause. - If any section or any part of this Act shall be declared
unconstitutional by competent authority, the remaining sections or parts of
this Act shall not thereby be affected.
Sec. 90. Repealing
Clause. - The Foreign Service Act of 1952 (Republic Act No. 708, as amended),
all other acts, presidential decrees, executive orders, letters of
implementation, letters of instruction, and rules and regulations which are
inconsistent with any of the provisions of this Act are hereby repealed or
amended accordingly.
Sec. 91. Effectivity
Clause. - This Act shall take effect fifteen (15) days after the completion of
its publication in the Official Gazette or in any newspaper of general
circulation.
Approved: September 19, 1991