A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1285
PRESIDENTIAL DECREE NO. 1285 -
RATIONALIZING THE COMPENSATION STRUCTURE OF THE FOREIGN SERVICE OF THE
PHILIPPINES WITH THE ADOPTION OF A FOREIGN SERVICE COMPENSATION PLAN
|
chanroblesvirtualawlibrary
WHEREAS,
the officers and employees in the foreign service of the Philippines
work and reside under economic environments different from that of the
Philippines and are thus subject to foreign exchange, international
price level and other developments unique to the foreign service;chanroblesvirtualawlibrary
WHEREAS, position classification and compensation plans have been
developed for government employees in the Philippines, specifically for
the career executive service and the civil service proper;chanroblesvirtualawlibrary
WHEREAS, the problems facing the government personnel assigned abroad
call for a compensation plan that is suitable for their situations.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
order and decree:cralaw:red
Section 1. Title. — This Decree shall be known as the
Foreign Service Compensation Decree of 1978.
Section 2. Declaration of Policy. — A system of
compensation standards and policy is hereby established for personnel
of the Philippine government who are stationed abroad, taking into
account fluctuations in value among the various currencies of the
world, differing rates of price level change in the various countries
of assignments, while being consistent with the national compensation
and position classification system of the Philippines.
Section 3. Definitions of Terms. — When used in this
Decree, the term —
(a) "Government" means the government of the
Philippines and its component agencies;chanroblesvirtualawlibrary
(b) "Foreign Service" covers officials and personnel
of the Department of Foreign Affairs, Department of Trade, Department
of Finance, and of other agencies who are stationed abroad;chanroblesvirtualawlibrary
(c) "Abroad" means all areas outside the territory of
the Philippines;chanroblesvirtualawlibrary
(d) "Chief of Mission" means the principal offices
appointed by the President of the Philippines, to be in charge of an
embassy or legation or other diplomatic mission of the Philippines, or
any other person assigned to be minister resident, charge d' affairs,
commissioner, or diplomatic agent;chanroblesvirtualawlibrary
(e) "Principal Officer" means the officer in charge
of a consulate general, or vice consulate of the Philippines; chanroblesvirtualawlibrary
(f) "Prevailing Central Bank rate" refers to the
floating rate as established by the Central Bank of the Philippine for
the sale of US Dollar or other applicable currencies.
Section 4. Position Classification and Compensation.
— The President shall establish the position classification plan and
basic salary levels of foreign service personnel upon the
recommendation of the Secretary of Foreign Affairs and the Commissioner
of the Budget: Provided, That the initial classification and salary
rates of Chiefs or Missions, Foreign Service Officers, and foreign
service staff officers and employees shall be as established under
Presidential Decree No. 905 until otherwise modified under the
provisions of this Decree: Provided, Further, That rules and
regulations governing the salaries of foreign affairs officers and
employees at the time of appointment, the salaries of alien clerks and
employees, the administrative establishment of salary differentials,
the compensation of officers primarily in charge, and the
classification of positions in the foreign service shall be approved by
the President upon recommendation of the Secretary of Foreign Affairs
and the Commissioner of the Budget: Provided, Finally, That, The
President shall determine, upon recommendation of the Secretary of
Foreign Affairs and the Commissioner of the Budget, the equivalence to
foreign service positions, of the position classification of personnel
stationed abroad, of agencies other than the Department of Foreign
Affairs, for purposes of computing the applicable allowances. chanroblesvirtualawlibrary
Section 5. Allowances. — The President shall
establish a system of allowances for foreign service personnel which
shall include the following: chanroblesvirtualawlibrary
(a) Overseas allowance — to adjust take-home pay of
foreign service personnel for any changes in cost of living abroad
which arise from changes in foreign currency conversion rates,
differentials in cost of living between the Philippines and foreign
posts, and extraordinary and necessary expenses not otherwise
compensated for, which are incurred by officers or employees in the
foreign service;chanroblesvirtualawlibrary
(b) Living quarters allowance — to enable personnel
to whom those are granted, to live in a manner befitting their
representative capacity but not for purposes of augmenting basic salary;chanroblesvirtualawlibrary
(c) Clothing allowance — to compensate for increased
cost of clothing incurred by foreign service personnel assigned to
posts whose climates are different from that of the Philippines of
where unusual circumstances exist;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(e) Representation allowance — to enable Chiefs of
Missions, special envoys, ministers, permanent delegates or
representatives to international bodies, principal office and foreign
service officers and ranking staff officers to uphold the prestige of
the Republic of the Philippines and otherwise to represent the country
with distinction and dignity; chanroblesvirtualawlibrary
(f) Education allowance — to compensate for
additional educational cost incurred by officers and employees assigned
abroad for legal dependent children not exceeding three in number, who
are enrolled in the primary and elementary grades, where free public
education and/or English as a medium of instruction is absent;chanroblesvirtualawlibrary
(g) Medical allowance — intended to cover the cost of
medical insurance in countries were medical care is unusual expensive,
including cost of hospitalization and medical treatment for foreign
service personnel and legal dependents living with the officer and
employee at the posts as may be approved by the president;chanroblesvirtualawlibrary
(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 in number.
Section 6. Overseas allowance. — The overseas
allowance established under this Decree shall be adjusted periodically,
upward or downward, for each foreign service post, on the basis of
official price indices and/or currency fluctuations in the foreign
posts. For this purpose, the Secretary of Foreign Affairs with the
assistance of the Governor of the Central Bank of the Philippines shall
compile and evaluate on a continuing basis, international price indices
including those approved by the United Nations for its own personnel,
as basis for recommending periodic adjustment of overseas allowance.
The Secretary of Foreign Affairs, the Commissioner of the Budget and
the Governor of the Central Bank shall jointly recommend to the
president, such periodic adjustments in overseas allowance as they may
find necessary but not oftener than once a year. chanroblesvirtualawlibrary
Section 7. Currency conversion. — The basic salary of
foreign service personnel shall be paid in Philippine pesos or
equivalent in foreign currency at the Central Bank foreign exchange
conversion rate prevailing at time of remittance. Fluctuations in
exchange rate shall be compensated for through the overseas allowance
established under this Decree. Retirement benefits, accumulated leaves
and other similar privileges shall be paid to foreign service personnel
in pesos or equivalent in foreign currency using the prevailing Central
foreign exchange rate and subject to applicable Central Bank rules and
regulations in cases where foreign service personnel retire abroad.
Section 8. Payment of allowances. — Allowances of
foreign service personnel stationed abroad may be denominated in US
Dollars or the currency of the post at which a foreign service staff
member is assigned.
Section 9. Income taxes. — The basic salary and
allowances of foreign service personnel shall be subject to income tax
under applicable internal revenue laws: Provided, That overseas
allowance shall be considered as being paid to and received by the
personnel concerned in furtherance of the interests of the Republic of
the Philippines, for purposes of determining the tax status of said
allowance. chanroblesvirtualawlibrary
Section 10. Accumulated leaves. — Upon retirement,
death, resignation or separation from the service of any officer or
employee in the foreign service, unenjoyed vacation or sick leave
credits shall be computed on the basis of actual salary and shall be
paid in Philippine pesos and otherwise shall be on the same basis as
home office personnel who retire in the Philippines: Provided, That any
accumulated leaves earned as of effectivity of this Decree may be paid
to officers and employees leaving the service on the basis of
applicable rules and regulations existing prior to this Decree. chanroblesvirtualawlibrary
Section 11. Rules and Regulations. — The rules and
regulations necessary to implement this Decree, including position
classification, rates of basic salary and allowances, currency
denomination of allowances, shall be issued by the President upon
recommendation of the Secretary of Foreign Affairs and the Commissioner
of the Budget: Provided, That the Commissioner of the Budget shall
promulgate, with the approval of the President, the transitional
measures needed to be adopted with respect to compensation, allowances
and other fringe benefits of foreign service personnel other those in
the Department of Foreign Affairs, subject to the availability of funds
within the agency concerned. chanroblesvirtualawlibrary
Section 12. Repeal Clause. — All acts, Executive
Orders, Decrees, rules and regulations or parts thereof which are
inconsistent with the provisions of this Decree are hereby repealed or
amended accordingly, including Title II, Parts C, D, and E, and Title
VI, Pat A of R.A. No. 708 (as amended) and P.D. No. 905.
Section 13. Effectivity. — This Decree shall take
effect immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 13th day of January, in the year of Our Lord, nineteen hundred and
seventy-eight.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|