Philippine Foreign Service Act of 1991

7/27/2019 Philippine Foreign Service Act of 1991

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September 19, 1991

REPUBLIC ACT NO. 7157

AN ACT REVISING REPUBLIC ACT NO. 708, AS

AMENDED

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 inthe Foreign Service

Section 9-Designations of Foreign Service Officersin 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 andCulture

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 PermanentMissions

Section 18-Reinstatement of Foreign ServiceOfficers

Part B. Service Staff Officers and Employees

Section 19-Appointments

Section 20-Civil Service Eligibility

Part C. Provisions of General Application to AllOfficers

Section 21-Philippine Citizenship and PermanentResidency

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


Section 26-Foreign Service Officers Promotion List

Section 27-Cumulative Number of Years of Servicein Each Class

Section 28-Examination for Promotion

Section 29-Determination of Seniority

Section 30-Lateral Entry

Part B. Foreign Service Staff Officers andEmployees

Section 31-Foreign Service Staff Officers andEmployees Promotion List

Section 32-Senior Staff Officers

Part C. Provisions of General Application to AllOfficers 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 Representativesof Other Departments

Section 42-Appointment

Section 43-Relationship Between the Chief of Mission and Service Attaches

Section 44-Relationship Between the PrincipalOfficer and Representative

Section 45-Inter-department Committee

Title VI - BOARD OF FOREIGN SERVICEEXAMINATIONS

Section 46-Composition

Section 47-Functions

Section 48-Qualifications of Applicants

Section 49-Staff

Title VII - BOARD OF FOREIGN SERVICE



ADMINISTRATION



Section 52-Prohibitions

Section 53-Disqualifications

Section 54-Disciplinary Actions

Section 55-Separation from the Service

Title VIII - FOREIGN SERVICE INSTITUTE



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 ServiceInsurance 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 shallpursue an independent foreign policy. In itsrelations with other states, the paramountconsideration shall be national sovereignty,

territorial integrity, national interest, and the right



to self-determination.

Sec. 4. Objective. - The main objective of thisAct is to reorganize and strengthen the Philippine

Foreign Service in order to:

(a) Upgrade the qualifications of the CareerForeign Service Corps and thereby enable itsofficers and employees to serve effectively theinterests of the Republic of the Philippinesabroad; aisa dc

(b) Strengthen the capability of the CareerForeign Service Corps to conduct studies, analysesand evaluation of events, both domestic andinternational, that will serve as guidelines forachieving an independent foreign policy for thecountry;

(c) Ensure broad representation of the

Philippine society in the foreign service and,further, to ensure equal opportunities in theenlistment and recruitment of officers andemployees taking into account the ethniccomposition of the country;

(d) Institute improvements in the selection andtraining of personnel so that only competent

persons of good moral character are recruited inthe Service;

(e) Provide that promotions in the Service shallbe on the basis of merit;

(f) Guarantee permanence or security of tenureof the career personnel of the Service during good

behavior and satisfactory performance of duty;



(g) Provide suitable salaries, allowances andbenefits that will attract personnel from all walks of Philippine life and to appoint persons to the highestpositions in the Service solely on the basis of meritand demonstrated capability in the promotion of national interests;

(h) Provide a comprehensive and flexibleframework for the administration of the foreignservice consistent with modern practices in thisfield; and

(i) Consolidate into one act all provisions of thelaw relating to the administration of the foreignservice.

In pursuance of the foregoing objective, theprinciple of nondiscrimination with respect to sex,creed, language, ethnic identity and religion shallbe strictly enforced.

Sec. 5. Definition of Terms. - When used inthis Act, the term:

(a) "Government" means the Government of thePhilippines;

(b) "Constitution" means the 1987 Constitution

of the Philippines;

(c) "President" means the President of thePhilippines;

(d) "Department" means the Department of Foreign Affairs;

(e) "Institute" means the Foreign Service

Institute;



(f) "Secretary" means the Secretary of ForeignAffairs;

(g) "Undersecretary" means the Undersecretary

of Foreign Affairs;

(h) "Government agency" means any executivebranch of the Philippine Government, or anycorporation owned or controlled by theGovernment of the Philippines;

(i) "Service" means the Foreign Service of the

Philippines which includes all officers andemployees of the Department of Foreign Affairs inthe 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 foreignservice establishments maintained by theDepartment of Foreign Affairs;

(l) "Chief of mission" means the head of anembassy or other diplomatic missions of thePhilippines, or any person appointed by thePresident to such position, whether serving in the

home office or foreign service; and

(m) "Principal officer" means the head of aconsulate or consulate general of the Philippines.

Sec. 6. Undersecretaries. - Uponrecommendation of the Secretary, the Presidentshall appoint three (3) undersecretaries to adviseand assist the Secretary in the formulation andimplementation of the Department objectives and



policies, and to coordinate and oversee theoperational activities of the Department of ForeignAffairs.

The Secretary shall designate one (1) of theundersecretaries in his absence.

Sec. 7. Categories of Personnel. - The Serviceshall consist of the following categories of officersand employees: aisa dc

(a) Chiefs of Mission, Class I and II;

(b) Career Ministries;

(c) Foreign Service Officers, Class I, II, III, andIV;

(d) Foreign Service Staff Officers, Class I, II, IIIand 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, serviceofficers shall be commissioned as diplomatic orconsular officers, or both, and all the official acts of these officers shall be performed under suchcommissions. Diplomatic and consular titles shallbe 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 oras consul general to head a consularestablishment.

A career minister shall be assigned as careerminister in a diplomatic mission or as consulgeneral to head a consular establishment.

A foreign service officer, class I, shall be assignedas first secretary in a diplomatic mission or consulin a consular establishment.

A foreign service officer, class II, shall be assignedas second secretary in a diplomatic mission orconsul in a consular establishment.

A foreign service officer, class III, shall be assignedas third secretary in a diplomatic mission or vice-consul in a consular establishment.

A foreign service officer, class IV, shall be assignedas third secretary in a diplomatic mission or vice-consul in a consular establishment.

In a diplomatic post where there is a consularsection, foreign service officers may be designatedas both diplomatic and consular officers.

Sec. 9. Designations of Foreign ServiceOfficers in the Home Office. - A chief of missionshall be designated by the Secretary as assistantsecretary when assigned to head any of the eleven(11) principal offices of the Department. Theseoffices 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 InternationalOrganizations; Office of Consular Affairs; Office of Legal Affairs; and Office of Policy Planning andCoordination. The Secretary is hereby authorizedto review and realign periodically the principaloffices of the Department in order to effectivelymeet the requirements of the Service.

The Director of the Foreign Service Institute shallbe 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 bereserved for career chiefs of mission: Provided,however, That all incumbent assistant secretarieswho are non-career officials shall continue to holdoffice until June 30, 1992 unless sooner removedby the President. Thereafter, only career officialsmay be appointed assistant secretaries.

A career minister may be designated as executivedirector of an office.

A foreign service officer, class I, may be designatedas division director.

A foreign service officer, class II, may be

designated as assistant division director.

A foreign service officer, class III, may bedesignated as assistant division director.

A foreign service officer, class IV, may bedesignated as assistant division director.

A foreign service officer in any class, includingchiefs of mission and career ministers, may be



designated as special assistant to the Secretary orthe Undersecretary.

A foreign service officer below the rank of the chief

of mission may be designated as principal assistantin any office.

Any assignment in the home office requiring a rankhigher than the actual rank of the officer assignedshall be in an acting capacity.

Sec. 10. Foreign Service Staff Personnel. -

There shall be a Service Staff Corps to provide theskills, technical assistance and support services inthe home office and the foreign service. aisa dc

Sec. 11. Staffing Pattern and Appointments. - The Department shall maintain a permanentstaffing pattern for the home office and for eachpost in the foreign service which shall enumerate a

definite number of position items in the budget of the Department for all categories of officers andemployees: Provided, That the staffing pattern maybe modified by the Secretary when necessitated bythe opening of new posts in its foreign service ornew offices in the home office as may be requiredby a reorganization of the Department approved bythe 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 staffingpattern. Appointments may be made only tospecific existing vacant items. Appointments inexcess of the number of items in the budget shallbe 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 expresslyindicates the specific number of the item in thebudget. The appointment must bear the date whenit was signed, and the Department must certifythat the item is vacant on the specified date.

Sec. 12. Establishment of Foreign ServicePosts. - The national interest and security shall bethe paramount consideration in the establishmentof embassies, missions, consulates general andother foreign service establishments maintained bythe 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 investmentscurrently exist or prospects for trade and

investments are favorable;

(c) A considerable number of Filipino citizens;and

(d) Adherence to the principle of reciprocity andwhere such is extended to us.

The Secretary shall define the territorial limits of consular jurisdictions.

Sec. 13. Promotion of Philippine Arts andCulture. - All Service establishments abroad shallpromote Philippine arts and culture, works of art of Filipino artists and Philippine products, includingpaintings, 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 tofurnish these offices.

All gifts given by reason of official and social

functions of the foreign service establishmentsshall be products sourced from the Philippines. TheSecretary shall provide in the annual budget of theDepartment amount as is necessary to cover thecost acquisition, display and exhibition of theseworks.

Title II

APPOINTMENTS

Part. A. Foreign Service Officers

Sec. 14. Initial Appointment of Foreign ServiceOfficers. - Consistent with the goal of developingand strengthening the Career Foreign Service

Corps, recruitment into the ranks of foreign serviceofficers shall be exclusively through opencompetitive examinations to determine thecompetence, fitness and aptitude of candidates forforeign service work. No person shall be eligible forappointment as a foreign service officers unless hehas passed these examinations and demonstratedhis loyalty to the Republic of the Philippines and

adheres to the principles of the Constitution. ThePresident shall extend initial appointments of foreign service officers exclusively from the listsubmitted by the Secretary containing the namesof those who passed the examinations. Such initialappointments shall be to the lowest rank of foreignservice officer, class IV. Any person who, afterhaving passed the examinations, declines to

accept an initial appointment as foreign serviceofficer within a period of one (1) year from the date



of he was offered the appointment shall berequired to take and pass examinations again inorder to be eligible for an initial appointment.

All appointments of foreign service officers shall beto a class and to not to a particular post.

Sec. 15. Internship Program. - Immediatelyfollowing their appointments as foreign serviceofficers, class IV, the individuals concerned shallundergo a one-year cadetship. The program shallconsist of (6) months intensive classroom

instructions on all aspects of consular anddiplomatic duties and responsibilities. The next six(6) months shall be cover an on-the-job training.

Sec. 16. Ambassadorial Appointments. - ThePresident shall nominate and, with the consent of the Commission on Appointments, appointambassador extraordinary and plenipotentiary to

head embassies and permanent missions. Allambassadorial appointments shall be to aparticular post only.

Career foreign service officers may be appointedby the President as ambassadors extraordinaryand plenipotentiary and shall retain their itemsoriginally held prior to their appointments after

their tour of duty as ambassadors extraordinaryand plenipotentiary: Provided, however, That,during their tour of duty as ambassadorsextraordinary and plenipotentiary, they shall notbe promoted to the next higher rank.

Sec. 17. Heads of Diplomatic and PermanentMissions. - In order to strengthen the Career

Foreign Service Corps and to enable to it respondto challenges in the field of international relations,



the President shall be guided, as much as possible,by the principle that a majority of diplomatic andpermanent missions shall be headed by careerambassadors.

Sec. 18. Reinstatement of Foreign ServiceOfficers. - The President may, uponrecommendation of the Secretary, reappoint to theService a former foreign service officer who hasserved continuously for at least two (2) years inthe Department, who has been separated from theService by reason of appointment or election to

some other position in the government service. The same privilege shall apply to a former foreignservice officer who has been separated from theService by reason of appointment to the UnitedNations or other reorganized regional orinternational organizations and who has servedcontinuously in said regional or international bodyfor at least two (2) years up to the time of reappointment. The Secretary shall, taking intoconsideration the qualifications and experiences of the candidate of reappointment and the rank of hiscontemporaries in the Service, recommend theclass to which the candidate shall be reappointed.Such reappointment shall be availed of only onceand be subject to confirmation by the Commissionon Appointments.

Part B. Foreign Staff Officers and Employees

Sec. 19. Appointments. - The shall appoint allforeign service staff officers and foreign servicestaff employees in accordance with the CivilService rules and regulations. Recruitment on theforeign service staff officer level shall be made

through a competitive examination open to



personnel of the Department and outsiders, thesuccessful candidates of which shall be certified bythe Board of Foreign Service Examinations forappointment by the Secretary.

Sec. 20. Civil Service Eligibility. - No personshall be appointed foreign service staff officer orforeign service staff employee unless he is a civilservice eligible: Provided, however, That priorityshall be given to those who passed theexaminations for foreign service staff officers andforeign service staff employees conducted by the

Board of Foreign Service Examinations. cd i

Part C. Provisions of General Application to AllOfficers

Sec. 21. Philippine Citizenship and PermanentResidency. - No person shall be eligible forappointment to a permanent item in the career

service to whatever rank or class who is not acitizen and permanent resident of the Philippinesat the time of his appointment and, thereafter, forthe entire duration of his tenure in theDepartment: Provided, That those who havesecured permanent residence status in a foreigncountry cannot be appointed to a permanent itemin the career service unless they have given up

said status for at least one (1) year and establishedpermanent residence in the Philippines for at leastthe same period.

Sec. 22. Auditing Requirements. - TheDepartment shall be authorize nor shall theCommission 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 allowancereceived on the basis of such invalid appointmentsshall be refunded by the persons so appointed.

Sec. 23. Compulsary Retirements. - All officersand employees of the Department who havereached the age of sixty-five (65) shall becompulsorily and automatically retired from theService: Provided, however, That all incumbentnon-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 theappointing authority. Non-career appointees whoshall serve beyond the age of sixty-five (65) yearsshall be entitled to retirement benefits.

Part D. Alien or Locally Hired Employees

Sec. 24. Appointments and Transfers. - The

Secretary may authorize chiefs of mission orprincipal officers to appoint alien or locally hiredemployees for their respective embassies andconsulates: Provided, That Filipino citizens shall begiven preference. Such employees, however, maynot be transferred to another country but may beassigned from one office to another within thesame country where orginally appointed at the

discretion of the chief of mission concerned.

Part E. Honorary Consuls

Sec. 25. Appointments. - The Secretary mayappoint honorary consuls in areas where there areno Philippine embassies or consulates, under suchregulations as may be prescribed by the

Department. Honorary consuls shall be appointedfrom among qualified private persons preferably of



Philippine citizenship to perform certain consularfunctions on non-career basis. Honorary consulsare not given fixed salaries or allowances.

Title III

PROMOTIONS


Sec. 26. Foreign Service Officers PromotionList. - On the basis of recommendations made by

the Board of Foreign Service Administration, theSecretary shall, from time to time, furnish thePresident with the names of career service officersqualified 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 maydetermine a standard performance based on meritfor each class which must be met before anyforeign service officer may become eligible forpromotion to a higher class. All foreign serviceofficers shall be required to render satisfactoryservice 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 classbefore they become eligible for promotion to thenext higher class: Provided, however, That foreignservice officers who have shown exceptional andmeritorious qualities and have rendered exemplaryservice may be promoted to the next higher rankas an exception hereof.

Sec. 28. Examination for Promotion. - Foreignservice officers, class, I, who have completed at



least two (2) years of "very satisfactory" service inthe rank are required to pass an examination forpromotion to the administered by the Board of Foreign Service Examinations before they shall beeligible for appointment as career ministers.

Sec. 29. Determination of Seniority. - Careerministers and chiefs of mission, class I and II, shallnot have grades classifications within each class.Seniority shall be determined by their originaldates of appointment as career ministers, as wellas the dates of their original entry into the

Department.

Sec. 30. Lateral Entry. - Lateral entry into theCareer Foreign Service Corps shall be permitted forthose individuals who have successfully passed atthe written and oral examinations conducted bythe Board of Foreign Service Examinations but atthe time when offered an appointment as foreign

service officer, class IV, decided to join anothergovernment agency: Provided, however, That:

(a) The duration from initial offer of appointment and his request for lateral entry in theCareer Foreign Service Corps shall not exceedmore than six (6) years;

(b) That he has very satisfactorily servedanother government agency for the same duration;

(c) His reappointment shall be confirmed by theCommission on Appointments; and

(d) The rank to which he is being reappointedshall not be higher than that of his successful co-

examinees who have joined by the Serviceimmediately after being offered the appointment.



Part B. Foreign Service Staff Officers andEmployees

Sec. 31. Foreign Service Staff Officers and

Employees Promotion List. - On the basis of recommendations made by the Office of Personneland Management Services, the Board of ForeignService Administration shall, from time to time,furnish the Secretary with the names of careerforeign service staff officers and foreign servicestaff employees qualified for appointment to thenext higher class from foreign service staff

employee, class II, to foreign service staff officer,class I. All foreign service staff personnel shall berequired to render satisfactory service continuouslyfor a maximum period of two (2) years in eachclass and for the total cumulative period computedat two (2) years in each class before they becomeeligible for promotion to the next higher class.

Sec. 32. Senior Staff Officers. - Personnel whohave attained the highest rank in the staff serviceand have rendered service in that positioncontinuously for a period of five (5) years and acumulative period totaling at least fifteen (15)years shall be eligible for promotion in salary andallowances equivalent to the maximum salary andallowances of foreign service officer, class IV:

Provided, That they shall have consistentlyreceived a minimum efficiency rating of "verysatisfactory" throughout those years of service.acd

Thereafter, for every additional six (6) years of continuous very satisfactory service, they shall beeligible for promotion in salary and shall

allowances equivalent to the minimum salary and



allowances of the next higher class of foreignservice officer.

Part C. Provisions of General Application to All

Officers and Employees

Sec. 33. Performance Evaluation System. - TheSecretary shall prescribe a performance evaluationsystem which shall be the basis for the periodicreview of performance of all officers andemployees. Particularly, the performanceevaluation system shall address itself to the

weeding-out of incompetent and sterile careerpersonnel and abusive political appointees.

Sec. 34. Effects of Promotions. - Promotionsmade in violation of this Act shall be null and voidand thus have no force and effect. The persons sopromoted under such circumstances are deemedto have retained their old positions. Any salaries

and allowances derived from such promotions shallbe subject to the provisions of the followingsections.

Sec. 35. Auditing Requirements. - TheDepartment Fiscal Officer shall not authorize norshall the Commission on Audit pass in audit thepayment of salaries and allowances of any person

promoted to any position in the Department inviolation of the requirements enumerated underParts A and B, Title III of this Act. Any salaries andallowances received on the basis of such invalidpromotions shall be refunded by the persons sopromoted.

Title IV

ASSIGNMENTS AND TRANSFERS



Sec. 36. Initial Service in the Home Office. -Except for non-career chiefs mission appointed bythe President, no member of the Career ForeignService Corps shall be assigned to any post abroadunless he has rendered continuous and satisfactoryservice in the home office for at least three (3)years including undertaking an intensivefamiliarization program of Philippine conditions,urban and rural.

Sec. 37. Tour of Duty. - Subject to theexigencies of the service;

(a) The tour of duty of a foreign service officerat any post shall be six (6) years commencing onthe date of his arrival at the post, after which heshall serve in the home office;

(b) The tour of duty of a foreign service officer oremployee at any post shall be for a period of six (6)

years commencing on the date of his arrival at thepost, after which he shall serve in the home office;

(c) No foreign service, office, foreign servicestaff officer or employee shall be assigned abroadafter return to the home office or recall unless hehas rendered continuous and satisfactory servicein the home office for at least three (3) years;

(d) Any foreign service officer, foreign servicestaff officer or employee on assignment abroadmay be recalled to the home or dismissed from theService at any time for unsatisfactory performanceas certified by the head of post and approved bythe Secretary upon recommendation of the Boardof Foreign Service Administration; and

(e) No foreign service officer may serve for



more than three (3) consecutive years in homeoffice, except when designated as Secretary,Undersecretary or Assistant Secretary.

Sec. 38. Rotation Plan. - The Secretary shallestablished a system of assignment and transfer toensure that all qualified career service officers andemployees in the Department shall alternatelyserve in the diplomatic and consular post indifferent regions of the world and in the homeoffice. Excluded from the rotation plan are those inthe 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 aseparate post. The Secretary shall promulgate theguidelines including the financial implications of the provision.

The assignments and transfers of personnel shallfollow a regular rotation plan and no officer oremployee shall be assigned to a post for less thantwo (2) or more than six (6) years. For the purposeof assignments, the home office shall beconsidered as another post. In no case shall anofficer or employee be assigned to the same post

for two (2) consecutive tours of duty unless heshall have served in other posts located in otherregions where there are foreign serviceestablishments. Assignments to hardship postsshall not exceed three (3) years.

Assignments to posts abroad shall take intoconsideration the particular area of concern that

the Government seeks to promote so that only



personnel qualified and trained, with a basicknowledge of the language, shall be assigned tosaid country.

Sec. 39. Security Clearance. - To ensureimmediately availability of officers and employeesforeign assignments and appointments, theSecretary shall periodically submit the names andpersonal histories of newly recruited officers andemployees to the appropriate government securityagency or agencies for clearance. The securityagency or agencies concerned shall act with

dispatch on requests for clearance and failure toact on said requests within forty-five (45) daysshall be deemed a grant thereof. aisa dc

Title V

ATTACHES

Sec. 40. Regular Attaches. - The Secretaryshall designate attaches to various posts abroadfrom the rank of foreign service officer and foreignservice staff officer.

Sec. 41. Service Attaches and Representativesof Other Departments. - The assignment andaccreditation of personnel in any department,

bureau or agency of the Government as serviceattaches to embassies or representatives toconsulates shall have the prior clearance of theSecretary who shall take into account the specificplaces where the services of these officers oremployees from other the government agenciesare needed, except trade attaches who shall beassigned and accredited only after consultation

with the Trade Secretary.



Sec. 42. Appointment. - The authority toappoint service attaches and representatives shallbe vested in the department secretary sendingsaid officers and employees. A department oragency shall only one (1) service attache orrepresentative accredited to one (1) post, exceptmilitary and commercial attaches.

Sec. 43. Relationship Between the Chief of Mission and Service Attaches. - The chief missionshall be responsible for the conduct of the affairs of the Government at his diplomatic post and all

service attaches of the other departments andagencies of the Government shall, during their tourof duty abroad, be under his immediate control andadministrative supervision. Said attaches shallcourse through the chiefs of mission all reports,documents and materials to their respective homeagencies in the Philippines and shall transmit thesame through the diplomatic pouch, the costs of which shall, however, be shouldered by theirrespective offices. The service attache shall clearwith the chief of mission concerned all their publicpronouncements at the post.

Sec. 44. Relationship Between the Principal

Officer and Representative. - The relationshipbetween the principal officer at a consular post andthe representative assigned thereto shall be thesame 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 theircounterparts from other departments andgovernment agencies with service attaches orrepresentatives abroad, as members. TheCommittee shall prescribe a uniform set or rulesand regulations for attache and representativeservices and shall meet regularly to assess theperformance of their respective officers andemployees abroad with the view to improve theiroutput as well as maintaining and strengtheningefficient and harmonious relationships with thechief of mission and principal officer and othergovernment workers in the embassy or consulatewhere 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 Servicesand a Commissioner of the Civil ServiceCommission, as members, and the Director of theForeign Service Institute, as Board Secretary.

Sec. 47. Functions. - The Board shall conduct

examinations and nominate to the President,through the Secretary, successful candidates forappointments as foreign service officers, class VI. Itshall receive and screen applications for theforeign service officer (FSO) examinations.

The Board shall prescribe the academic trainingand practical experiences required of candidates

and determine the subjects on which the writtenand oral examinations shall be held. The Board



shall prepare, conduct and grade the writtenexaminations and certify to the Secretary for oralexaminations those candidates who obtained ageneral average of seventy-five percent (75%) orhigher. In the preparation of questions and thegrading of examination papers on any subject, theBoard may request, through the secretary of thedepartment concerned, the assistance of anycompetent officer in the government service.

Sec. 48. Qualifications of Applicants. - Foreignservice officer (FSO) examinations shall be open to

those who are citizens and permanent residents of the Philippines. No person, of either sex, married toan alien may take the examinations without thewritten consent of the Secretary. Applicants mustbe holders of a four-year bachelor's degree, belowthirty-six (36) years old, and physically andphychologically fit: Provided, That any person whois holding a position of responsibility in theDepartment or the Institute for at least two (2)years prior to the date of examination and who isotherwise qualified to take the examinations maydo so, regardless of the maximum age limitprescribed.

Sec. 49. Staff. - The Secretary shall assign tothe 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 composedof one (1) of the Undersecretaries, as Chairman,



and the two (2) other Undersecretaries and theAssistant Secretaries of the different offices in theDepartment, including the Director of the Institute,as members. cd i

Sec. 51. Functions. - The Board shall makerecommendations to the Secretary concerning thefunctions and operations of the Service, thepolicies and procedures to govern the selection,assignment, promotion, discipline and separationfrom the Service of chiefs of mission, careerministers, foreign service officers, foreign service

staff officers and foreign service staff employees,and the policies to govern the administration andpersonnel management of the Service: Provided,

That the chiefs of mission who are commissionedby the President as ambassadors extraordinaryand plenipotentiary shall not be investigated bythe Board or separated from the Service unlessthere is an express written directive from thePresident. It shall establish the efficiency ratings of service personnel and shall perform such otherduties as may be assigned to it by law orregulation, including those that may be issued bythe Secretary. It shall consider administrativecases brought against officers and employees whocommit offenses against the interest of publicservice and submit to the Secretary its findings andrecommendations.

The Board shall keep a lineal roster of all chiefs of mission, career ministers, foreign service officers,foreign service staff officers and foreign servicestaff employees strictly in the order of their ranksand seniority in each rank or class, based on theirrespective dates of appointment. In submitting

recommendations for promotions to the President,



through the Secretary, the Board shall base itsrecommendations on/the efficiency ratings andseniority of the officers and employees concerned.

Sec. 52. Prohibitions. - No member of theBoard, while acting as such member, shallintervene in any way, directly or indirectly, inBoard deliberations affecting himself or anyrelative of his within the fourth civil degree eitherbe consanguinity or affinity.

Sec. 53. Disqualifications. - The following

circumstances shall disqualify any officer oremployee from being considered for assignmentabroad or promotion:

(a) Pending criminal case with theSandiganbayan;

(b) Lack of required lenght of service as foreign

service officer, as embodied under Section 27, PartA, Title III of this Act, except those who enjoyedmerit promotion;

(c) Below "very satisfactory" rating covering thesix-month period immediately before thedeliberations for assignments or promotions areheld: and

(d) Seeking political interference for hispromotion/assignment which weakens theprinciples of the foreign service.

Sec. 54. Disciplinary Actions. - In theinvestigation of administrative cases againstofficers and employees of the Department, the

applicable rules and regulations and guidelinespromulgated by the Civil Service Commission shall



be strictly observed.

No officer or employee of the Department shall besubjected to disciplinary action or otherwise be

removed or separated from the Service except forcause as provided for by law in accordance withrequirements of due process.

Disciplinary action may be taken against an officeror an employee only by the appropriatedisciplinary authority, to wit:

(a) The President for all presidential appointeesof the Department, upon the recommendation of the Secretary; and acd

(b) The Secretary for all those appointed by himor by his predecessors.

No officer or employee of the Department facing

administrative charges shall be effectivelysuspended or otherwise prevented from exercisinghis normal duties and functions unless so orderedby appropriate disciplinary authority on groundsprovided for by law.

In the interest of harnessing all the humanresources in the Department, no officer or

employee shall be "frozen" or "floated" orotherwise deprived of an assignment, duties orfunctions appropriate to his rank and position,except for justifiable reasons.

Sec. 55. Separation from the Service. - Thefollowing shall constitute sufficient bases forseparation from the Service of any foreign service

officer or employee, of all ranks and classes:



(a) Voluntary resignation;

(b) Disloyalty to the Government, unsatisfactoryperformance of duty, neglect of duty, misconduct,

malfeasance, graft, corruption, immoral conduct orgross violation of the Civil Service laws, rules andregulations and reasonable Department rules andregulations;

(c) Any officer or employee who has been givenan "unsatisfactory" rating for three (3) consecutiveyears under the rating system as promulgated by

the Secretary in accordance with this Act shallautomatically be recommended for separationfrom the Service;

(d) Refusal of assignment or recall order withoutvalid justifications.

All those found by the Board to be guilty of charges

mentioned in paragraph (b) shall be separatedfrom the Service by the President or the Secretary,as the case may be.

The rating system mentioned in paragraph (c) shallbe based on generally accepted Civil Service rulesand regulations including the right of the officer oremployee being rated to appeal to higher

authorities for what he feels is arbitrary or overlysubjective rating;

(e) With respect to locally or hired or alienemployees, the chief of mission or principal officerconcerned may separate them from the Service atany time for any cause he may deem sufficient forthe purpose, in accordance with local laws and

regulations on the matter; and



(f) Honorary consuls may be separated from theService by the Secretary at any time and for anycause he may deem for the purpose.

Title VIII

FOREIGN SERVICE INSTITUTE

Sec. 56. Composition. - There shall be aForeign Service Institute, whose board shall becomposed of the Secretary, as Chairman, and theChairman of the Civil Service Commission, the

President of the University of the Philippines, thePresident of the Development Academy of thePhilippines, and the Director of the Foreign ServiceInstitute, as members.

Sec. 57. Functions. - The Institute, through itsacademic, training, research, information,publication, systems development and other

programmes, shall serve as the center for thedevelopment and professionalization of the careercorps of the foreign service of the Department andother government agencies which have officersand employees assigned abroad. It shall maintain aCenter of International Relations and StrategicStudies (CIRSS) and shall otherwise function as aresearch institution on issues and problems with

foreign policy implications, global and regionalstrategies and management of foreign affairs whileserving as institutional consultant of theDepartment on matters related to foreign policiesand programmes as well as developmentmanagement, planning, review and evaluationprocesses 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, includinglanguage courses, to prepare such officers andemployees for their new assignments.

Sec. 58. Operations. - The Institute shallcontinue to operate under its own charter. TheDirector of the Institute shall be a senior careerchief of mission with the title of assistant secretary.

Sec. 59. Performance Report. - The ForeignService Institute shall submit to the President andto Congress an annual performance report.

Title IX

FOREIGN INFORMATION COUNCIL

Sec. 60. Foreign Information Council. - There ishereby created a Foreign Information Councilcomposed of the Secretary of Foreign Affairs, as

Chairman, and the Secretaries of Defense, Tradeand Industry, Tourism, Labor and Employment, andthe Office of the Press Secretary, as members. TheForeign Information Council shall provide policyguidance in the formulation of effective overseasinformation and communications strategies toensure better understanding of Filipino values,culture and institutions overseas; an accurate

presentation of policies in the Governmentespecially in the fields of trade and investment;and coordination of overseas information programsof various government agencies and other entities.

Title X

SALARIES

Sec. 61. Salary Rates. - The President upon



recommendation of the Secretary shall recommendto Congress a scale of salaries for officers andemployees in the Department and the Institutewhich shall be subject to periodic review. cdtai

Title XI

INSURANCE AND RETIREMENT SYSTEM

Sec. 62. Membership in the GovernmentService Insurance System. - All permanent officersand employees of the Service who are citizens of

the Philippines shall have compulsory insurancecoverage under the rules and regulationsgoverning the same: Provided, however, That thePresident upon recommendation of the Secretarymay, as soon as practicable, submit for enactmentby Congress a foreign affairs retirement anddisability system, taking into account thedifficulties of foreign service personnel in setting

aside sufficient savings to take care their eventualretirement in the Philippines due to old age orsome other disability, with the increased burden of establishing a home in the Philippines aftercompletion of their tour of duty abroad.

Title XII

ALLOWANCES, PER DIEMS, TRAVEL EXPENSES

AND BENEFITS

Part A. Allowances

Sec. 63. System of Allowances. - The Presidentupon recommendation of the Secretary shallrecommend to Congress the establishment of asystem of allowances for foreign service personnel



which shall be subject to periodic review and shallinclude the following:

(a) Overseas allowance. - To adjust take home

pay of foreign service personnel for any changes inthe cost of living abroad which arise from changesin foreign currency conversion rates, differentialsin cost of living between the Philippines and foreignpost, and extraordinary and necessary expensesnot otherwise compensated for, which are incurredby officers or employees in the foreign service;

(b) Living quarters allowances. - To enablepersonnel to whom those are granted to live in amanner benefitting their representative capacitybut not purpose of augmenting basic salary;

(c) Clothing allowance - To compensate forincreased cost of clothing incurred by foreignservice personnel assigned to post whose climates

are different from that of the Philippines or whereunusual circumstances exist;

(d) Post allowance - To defray unusual expensesincident to the operation and maintenance of anofficial residence suitable for the chief diplomaticor consular representative of the Philippines at hispost;

(e) Representation allowance - The enablechiefs of mission, special envoys, ministers,permanent delegates or representatives tointernational bodies, principal officers and otherranking diplomatic officers stationed abroad upholdthe prestige of the Republic of the Philippines andotherwise to present the country with distinction

and dignity;



(f) Education allowance. - To compensate foradditional educational cost incurred by officers andemployees assigned abroad for legal dependentchildren not exceeding three (3) in number whoare enrolled in the primary and elementary gradesand high school where free public education isabsent;

(g) Medical allowance - Intended to cover thecost of medical insurance in countries wheremedical care is unusually expensive, including costof hospitalization and medical treatment for foreign

service personnel and legal dependents living withthe officers and employees at the post; and

(h) Family allowance - To assist foreign servicepersonnel living with their families at the post of assignment in meeting the incremental expensesarising from foreign assignment computed for thedependent spouse and for unmarried legal minor

dependent children not exceeding three (3) innumber.

Sec. 64. Rates and Policies on Allowances. - The President shall approve, uponrecommendation of the Secretary and theSecretary of Budget and Management, rates,indices, maximum allowable amounts and policies

on allowances which shall be applicable to allnational government employees stationed abroadpursuant to the Foreign Service Decree.

Sec. 65. Living Quarters Allowance. -Commutable living quarters allowable shall begranted to officers or employees in the Serviceassigned aboard who are citizens of the

Philippines. Such allowance may cover the rental



or quarters including utilities, telephone and othermaintenance expenses which may be revised as toamounts not more often than once a year with theapproval of the President.

On transfer from post, allowances shall cease atthe end of the month following departuretherefrom. Commutable living quarters allowanceshall be granted at a per annum rate and shall becommuted and paid monthly beginning on the firstday of the month following the arrival of the payeeat his post of assignment: Provided, however, That

the suitability of said quarters in each post shall beofficially certified under oath by the chief of mission or principal officer: Provided, further, Thatthe equivalent of said allowance corresponding tothe first three (3) months following arrival at postshall be paid immediately upon its accrual. Ontransfer from post, allowances shall cease at theend of the month following departure therefrom.

No living quarters allowance shall be paid topersons occupying government-owned, furnishedand heated quarters. No allowance shall be paid forquarters occupied free or under arrangements withother parties permitting direct or indirect gain tothe claimant or his family.

If a person entitled to living quarters allowanceoccupies quarters owned by him, his wife orchildren, he shall be entitled to a quartersallowance equal to fifty percent (50%) of the rentalvalue of the quarters. The chief of mission orprincipal officer, as the case may be, jointly withthe administrative officer shall certify under theirofficial oaths the rental value on the face of the

cash voucher.



Lease contracts entered into by any officer oremployee assigned abroad should contain a"Diplomatic Clause" whereby the tenant should hebe reassigned to another post or is recalled to thehome office. casia

In case of detail of the officer or employee from hispost of assignment (detail to the home officeexcluded), the quarters allowance shall cease toaccrue from the first day of the month followingthe date of his departure unless it can be shownthat the rented quarters used as his residence has

been retained at the post of assignment and therentals thereof are continued, but in no case shallthe allowance continue beyond three (3) monthswithout the prior approval of the Secretary. If theofficer or employee own the quarters occupied byhim, payment of the allowance shall ceaseimmediately unless otherwise authorized by theSecretary.

In case officer or employee is on home leave, theallowance shall cease to accrue from the first dayof the month following the date of his departurefrom his post, unless it can be shown that therented quarters used as residence has beenretained at the post of assignment, but in no caseshall the allowance continue beyond three (3)

months. This regulation shall apply also in caseswhere extended leaves of absence are taken inany other emergency cases necessitatingdeparture from the post of assignment unlessotherwise authorized by the President uponrecommendation of the Secretary. If the officer oremployee owns the house occupied by him, theallowance shall be discontinued.



Sec. 66. Overseas Allowances. - Overseasallowance shall be given to any officer or employeein the Service assigned abroad, who is a citizen of the Philippines, whenever the following conditionsexist, and certified by the Secretary:

(a) That the cost of living at a post abroad isproportionately so high that an allowance isnecessary to enable an officer or employee at suchpost to carry out his work efficiently;

(b) That extraordinary and necessary expenses,

not otherwise compensated for, are incurred by anofficer or employee of the foreign service incidentto the establishment of his post of assignment; and

(c) That an allowance is necessary to assist anofficer or employee of the foreign service who iscompelled by reason of dangerous, notablyunhealthy or excessively adverse living conditions

at his post abroad or for the convenience of theGovernment to meet the additional expenses of maintaining an assignment.

Sec. 67. Adjustment in the OverseasAllowance. - A permanent committee is herebycreated, consisting of the Secretary as Chairmanand, as members, the Secretary of Budget and

Management and the Governor of the CentralBank, with the objectives of compiling informationon foreign currency exchange rate fluctuations andprice levels abroad and of recommending periodicadjustments in the amount of overseas allowanceto foreign service personnel of the NationalGovernment 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 adjustmentsshall be made not more often than once a year:Provided, furthermore, That the implementationshall be subject to the availability of funds.

Sec. 68. Family allowance. - A commutablefamily allowance shall be granted to any officer oremployee assigned abroad who is a citizen of thePhilippines and who is living with his family at thepost of assignment, to a dependent spouse and toeach unmarried legal minor dependent child butnot exceeding three (3) in number. If both husband

and wife are in the Service and assigned in thesame post, only one (1) of them may claim theallowance.

No family allowance for spouse shall be payable if the claimant is a widow/widower or separated orwhen his/her spouse is gainfully employed.However, if the claimant has minor unmarried

dependent children to support, he/she shall beentitled to the family allowance of each child butnot exceeding three (3) in number.

Unmarried children living with the officer oremployee who are mentally and physicallyretarded regardless of age and who are incapableof supporting themselves shall, for family

allowance purposes, be considered as minorchildren.

Subject to the prior approval of the DepartmentHead, full family allowances may be paid to anyclaimant.

(a) Who is compelled by reason of dangerous,

notably unhealthy, or excessively adverse livingconditions, or by other unavoidable circumstances,



like lack of educational facilities for his children athis post of assignment, which renders itsinadvisable for any or all the members of his familyto 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 theDepartment Head as the circumstances and theexigencies of the Service may warrant.

Sec. 69. Post Allowance. - An allotment of fundmay be made by the Secretary to any post todefray the unusual expenses incident to theoperation and maintenance of an official residencesuitable for the chief diplomatic or consularrepresentative of the Philippines at the post.

Post allowance shall be granted at a per annumrate for fiscal years beginning on the first day of the month following arrival thereat. Post allowanceshall be payable only when the officer is on dutystatus at his station. For the purpose of thisallowance, such officer shall be deemed on dutystatus at his station;

(a) When on temporary duty even outside bythe city or place where he maintains regular officebut remains within the territorial limits of hisdiplomatic or consular jurisdiction;

(b) When temporary duty outside his diplomaticor consular jurisdiction for consecutive period notexceeding sixty (60) days during he shall be paid

the post allowance. Beyond sixty (60) days, noallowance shall be paid except as specially



approved by the President. Payment of the postallowance shall be resumed only on the date of theactual return within diplomatic or consular

jurisdiction; or

(c) When he is on leave of absence with fullypay provided the leave is spent within theterritorial jurisdictions of his post. No allowanceshall be paid if the officer goes on leave with payoutside the territorial jurisdiction of his post.cdasia

The territorial limits, in case of concurrent jurisdiction, shall extend to all countries or areascomprised in the concurrent office.

No post allowance shall be paid if the officer livesin a hotel as his residence.

Sec. 70. Representation Allowance. -

Representation allowance may be granted to chiefsof mission, special envoys, ministers, permanentdelegates or representative to international bodies,principal officers, and other ranking diplomaticofficers stationed abroad in order to enable suchofficers to uphold the prestige of the Republic of the Philippines, to represent their country withdignity, distinction and to carry out their functions

more effectively.

Representations allowances shall be expendedonly for purposes which are of a public character,beneficial to the interests of the public service, andconnected with the exercise of the functions of theGovernment in relation to the conduct of foreignaffairs. They may be expended for necessary

entertainment, charitable contributions,memorials, flowers, gifts, club initiation fee and



membership dues, and the like. The officer towhom the allowance is granted may disburse anyportion of it to cover necessary entertainment byhis subordinates to accomplish certain taskassigned to them.

Expenses charged to representation allowancemust be supported by proper receipts or vouchersif the individual amount of expenditures exceedsFifty United States dollars (U.S. $50.00) or itsequivalent. Where expenses are incurred forentertainment, the voucher must be accomplished

by a statement of the officer concerned or by suchproofs as may be shown that the expenses havebeen made in the public interest.

Should special entertaining be necessary becauseof formal visits of the Philippine dignitariestraveling on diplomatic or special passports, theDepartment Head shall be informed in advance

thereof and specific request for funds therefor bemade. No such expenses shall be incurred withoutthe prior authorization of the Department Head.

Maximum allowable amounts shall be establishedfor each category of representation allowance inaccordance with Section 64, Part A, Title XII of thisAct.

Sec. 71. Clothing Allowance. - Clothingallowance may be granted to officers andemployees of the Service assigned abroad who arecitizens of the Philippines not more often than onceevery twelve (12) months, the rates of which shallbe determined by the Department.

Sec. 72. Education Allowances. - Educationallowance may be granted to officers and



employees assigned abroad who are citizens of thePhilippines of their legal dependent children notexceeding three (3) in number, who are enrolled inthe primary, elementary and high school levels.

This grant shall not, however, be payable inrespect to post where free educational is providedfor.

The allowance may be granted as reimbursementof actual costs within such maximum amounts asshall be fixed by the Secretary and the Departmentof Budget and Management, with the approval of

the President, per school year of each child subjectto presentation of receipts and other evidence of payment of matriculation, tuition, books and otherschool fees.

Sec. 73. Medical Allowance. - Foreign servicepersonnel may be required by the Departmentconcerned to subscribe to a medical insurance

scheme available in the host country. Twenty-fivepercent (25%) of the corresponding premiums shallbe payable by the personnel concerned andseventy-five (75) thereof shall be borne by theGovernment as its contribution.

In the event of illness or injury requiringhospitalization of a foreign service personnel, not

as a result of vicious habits, intemperance ormisconduct or his part, the Government shallreimburse the cost of medical expenses inaccordance with the regulations prescribed in thefirst paragraph of the section: Provided, That nomedical insurance scheme is available in the postof assignment.

The medical expenses shall cover the cost of



hospitalization and/or payment of the services of the attending physician, including travel expensesto and from the hospital or clinic, and such otherincidental expenses as may be incurred inconnection with such hospitalization treatment butnot to exceed the amount as fixed pursuant toSection 64 hereof.

Only legal dependents of those mentioned in thefirst paragraph hereof living with the officer oremployee at the post shall be entitled to themedical allowance.

Sec. 74. Relocation Allowance. - Any office oremployee of the Service on assignment or from apost shall be entitled to an allowance for packingat destination furniture and other household goodsand personal effects in such amounts and withinsuch limitations as may be prescribed pursuant toSection 64, Part A, Title XII of this Act.

This allowances entitles the officer or employee tochoose either of the following:

(a) Ship his household goods and personaleffects to the authorized destination at theexpense of the Government in accordance with therules regulations as the Secretary and the

Secretary of the Department of Budget andManagement may prescribe with the approval of the President; or

(b) Receive the money plus equivalent to fiftypercent (50%) of the estimated cost or packing andshipping of the household goods and personaleffects to the authorized destination as computed

in letter (a) above.



Part B. Per Diems

Sec. 75. Persons Entitled to Per Diems. - Allofficers and employees of the Service on travel

status or on assignment out of their regular postshall be entitled to per diems at such amounts asthe Secretary with the approval of the President,may prescribe by regulations. aisa dc

Sec. 76. Service Allowance in Lieu of PerDiems. - 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 thetraveler.

Sec. 77. Computation. - Per diems and serviceallowance shall be computed by dividing the dayinto quarters beginning at midnight. No per diemswill be paid for fractions of a quarter. Local time

will be used computing per diems, no considerationbeing given to time lost or gained by travelingthrough the time zones. All vouchers for per diemsmust clearly state the exact hour, local time of entry into each area, as well as the time of originaldeparture from the Philippines or post of duty andarrival at new post or return to the Philippines orother post of permanent duty.

Part C. Travel Expenses

Sec. 78. Class of Transportation. - All officersand employees of the Service shall be entitled toeconomy class transportation by any usual meansof public transportation for themselves, theirspouse and dependent minor children, not

exceeding three (3) in number, whenever suchtravel is duly authorized by the Secretary:



Provided, That this restriction shall not apply to thechildren in excess of three (3) of any officer oremployee already in the service of the Departmenton December 31, 1950. For local travel away frompost but within the district of assignment by anymember of the staff, authority for such travel maybe granted by the principal officer present at thepost.

Whenever deemed necessary due to high cost of living or unhealthy conditions obtaining at the postof 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 allowedeconomy class return transportation to Manila atthe expense of the Government. This privilege maybe extended to unmarried dependent children of the officer or employee concerned until theybecome of age (21 years old) while living with theirparents abroad.

This privilege may be granted only once. Anymember of the family (wife, husband or unmarriedchildren) of any officer or employee who returns tothe Philippines in the manner provided in thesecond paragraph hereof and who may want torejoin 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 theofficer or employee has been subsequentlytransferred, shall be not be allowed officialtransportation for his proposed trip. Should suchmember rejoin the parent-officer or employeeabroad, even at his own expenses, such membershall not be entitled thereafter to official return

transportation to the Philippines.



Part D. Benefits

Sec. 79. General Benefits. - The Secretary shallextend benefits including medical services and

comprehensive health insurance coverage forhome office personnel and their families.

Sec. 80. Leaves of Absence. - Kinds of Leave -All officers and employees of the Service who arecitizens of the Philippines shall be entitled to thirty(30) days vacation leave and thirty (30) days sickleave with full pay for each year of service. Alien or

locally hired employees shall be entitled to suchvacation and sick leaves as they might be entitledto if they were employed by their own governmentin the place where the post is situated, but in nocase should such leave exceed thirty (30) daysvacation leave and thirty (30) days sick leave foreach year of service.

Accumulation of Leaves - Under such regulationsas the Secretary shall prescribe with the approvalof the President, all officers and employees of theService shall be entitled to the accumulation of anyvacation or sick leave not taken in any year, inaccordance with Civil Service rules and regulationsand subject to the exigencies of the Service.

Home Leave - The Secretary may order to thePhilippines for home leave any officer or employeewho is a citizen of the Philippines, together with hisfamily, upon completion of three (3) years of continuous and satisfactory service abroad or assoon as possible thereafter. The time actually andnecessarily spent in going to and from thePhilippines 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 theperiod of such assignment shall not be counted asleave: Provided, That the period of this home leaveshall not exceed thirty (30) working days.

Sec. 81. Exemption from Taxation. - Allallowances, per diems, benefits, and the likereceived by officers and employees of the Servicein consideration of their service while onassignment abroad, except their basic salaries,shall be exempt from the Philippine income tax.

Any officer or employee returning from a regularassignment abroad for reassignment to the homeoffice or who dies, resigns, or is retired from theService shall be exempt from the payment of allduties and taxes on his personal and householdeffects, including one (1) used motor car dulyregistered in his name for at least six (6) months:

Provided, however, That the exemption shall applyonly to the value of motor car and to the aggregateassessed value of said personal and householdeffects, the latter not to exceed fifty percent (50%)of the total amount received by such officer oremployee in salary and allowances during hislatest assignment abroad but not to exceed four(4) years: Provided, further, That this exception

shall not be availed of more often than once everyfour (4) years.

Part E. Provisions of General Application

Sec. 82. Foreign Service Compensation Plan. - The provisions of Executive Order No. 495 andPresidential 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 notinconsistent with the aforementioned order anddecree shall apply with respect to the foreignservice compensation plan of the Department. Forpurposes of implementing this title the home officeshall be considered a separate post. acd

Title XIII

FINAL PROVISIONS

Sec. 83. Organization. - The Secretary shalleffect the organization of the Department and theforeign service in accordance with the provisions of this Act and, for this purpose, he is herebyauthorized to allot the funds provided for theDepartment in the General Appropriations Act.

Sec. 84. Use of Savings. - The Secretary is

hereby authorized the use of any savings in theappropriation for the Department for the paymentof:

(a) Expenses for the evacuation or repatriationto the Philippines, when necessary due toemergency, of members of the household of thepersonnel of any diplomatic or consular

establishment as well as transportation of theirpersonal effects;

(b) Actual return passage by the most direct andeconomical means of transportation and the costof 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 theService for cause;



(c) The cost of preparing and transporting theremains of an officer or employee who is a citizenof the Philippines and the immediate members of his family who may die abroad or while on travelstatus; or

(d) Contingent and unforeseen expenses thatmay arise in connection with the operation of theforeign service.

Sec. 85. Pool of Foreign Service Officers. - Inall appropriations acts providing funds for the

operation and maintenance of the Department, theposition of foreign service officers, including thosewho may serve in the home office, shall be in apool grouped according to their classes with theirsalaries and allowances indicated in one lump-sumfor each class, leaving to the head office thediscretion to assign or commission those officerswhenever their services may be utilized to

advantage, subject to the limitations provided bylaw.

Sec. 86. Passport Revolving Fund. - TheDepartment is hereby authorized to charge aservice fee of One hundred Philippine pesos(P100.00) or such appropriate amount as may beprescribed by the Secretary for each service

rendered to private individuals relating to theprocessing and issuance of passports beyondregular office hours.

The fees received by the Department shallconstitute a revolving fund to be called thePassport Revolving Fund which shall be directlyutilized by the Department for the improvement of

its passporting and consular services and other



Department services.

The setting up, use and disbursement of fundsshall be subject to review, accounting and auditing

rules and regulations of the Commission on Audit.

The Fund shall be subject to an annual review byCongress.

Sec. 87. Rules and Regulations. - TheSecretary may issue such rules and regulations asmay be necessary to implement the provisions of

this Act as well as the provisions of acts, decreesand orders which are not inconsistent with this Act,including the formulation of a code of conduct anddecorum for all officers and employees of theDepartment and other government attachesserving with the Department.

The Secretary shall review periodically all existing

administrative rules and regulations embodied inthe Foreign Service Code of 1983 with the end inview of updating such rules and regulations whichmay be inconsistent with national interest. Specialreference is made to rules and regulations in theissuance of passports and visas which may need tobe revised and updated.

Sec. 88. Appropriations. - There is herebyauthorized to be appropriated from the National

Treasury such amounts as may be necessary toprovide for any salary and allowances of ambassadors extraordinary and plenipotentiaryappointed by the President outside of the CareerForeign Service Corps. Thereafter, such amountsshall 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 orany part of this Act shall be declaredunconstitutional by competent authority, theremaining sections or parts of this Act shall notthereby be affected.

Sec. 90. Repealing Clause. - The ForeignService Act of 1952 (Republic Act No. 708, asamended), all other acts, presidential decrees,executive orders, letters of implementation, lettersof instruction, and rules and regulations which areinconsistent with any of the provisions of this Act

are hereby repealed or amended accordingly.

Sec. 91. Effectivity Clause. - This Act shall takeeffect fifteen (15) days after the completion of itspublication in the Official Gazette or in anynewspaper of general circulation.

Approved: September 19, 1991

Documents

Philippine Foreign Service Act of 1991