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This page features the full text of
Republic Act No. 7157
"Philippine
Foreign Service Act of 1991"
AN
ACT REVISING REPUBLIC ACT NO. 708, AS AMENDED
REPUBLIC
ACT NO. 7157AN
ACT REVISING REPUBLIC ACT NO. 708, AS AMENDED
Section
1. Title. — This Act shall be
known as the "Philippine Foreign Service Act of 1991."
chanrobles virtuallaw libraryred
Sec.
2. Table of Contents. — The table
of contents of this Act is as follows:chanroblesvirtualawlibrary
TABLE
OF CONTENTS
chan
robles
virtual law librarySection
1 — Title
Section
2 — Table of Contents chanrobles virtuallaw libraryred
Title
I — GENERAL PROVISIONS
Section
3 — Declaration of Policy
Section
4 — Objectivechanrobles virtuallaw libraryred
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 Personnelchanrobles virtuallaw libraryred
Section
11 — Staffing Pattern and Appointments
Section
12 — Establishment of Foreign Service Posts
Section
13 — Promotion of Philippines Arts and Culture chanrobles virtuallaw libraryred
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 Missionschanrobles virtuallaw libraryred
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 chanrobles virtuallaw libraryred
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 ofService
in Each Class
Section
28 — Examination for Promotion
Section
29 — Determination of Senioritychanrobles virtuallaw libraryred
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 Attacheschanrobles virtuallaw libraryred
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 — Functionschanrobles virtuallaw libraryred
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 chanrobles virtuallaw libraryred
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 Allowanceschanrobles virtuallaw libraryred
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 chanrobles virtuallaw libraryred
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 Regulationschanrobles virtuallaw libraryred
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.cralaw:red
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; chanrobles virtuallaw libraryredchan
robles
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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; chanrobles virtuallaw libraryred
(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.chanrobles virtual law library
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Sec.
5. Definition of Terms. — When
used in this Act, the term:
(a) "Government"
means the Government of the Philippines; chanrobles virtuallaw libraryredchan
robles
virtual law library(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; chanrobles virtuallaw libraryred
(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 chanrobles virtuallaw libraryred
(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.chanrobles virtual law library
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The
Secretary shall designate one (1) of the undersecretaries in his
absence.chanrobles virtual law library
Sec.
7. Categories of Personnel. —
The Service shall consist of the following categories of officers and
employees:
(a) Chiefs
of Mission, Class I and II; chan
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Ministries;
(c) Foreign
Service Officers, Class I, II, III, and IV;
(d) Foreign
Service Staff Officers, Class I, II, III and IV; chanrobles virtuallaw libraryred
(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.chanrobles virtual law library
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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. chanrobles virtuallaw libraryred
A
career minister shall be assigned as career minister in a diplomatic
mission
or as consul general to head a consular establishment.cralaw:red
A
foreign service officer, class I, shall be assigned as first secretary
in a diplomatic mission or consul in a consular establishment.cralaw:red
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.cralaw:red
A
foreign service officer, class IV, shall be assigned as third secretary
in a diplomatic mission or vice-consul in a consular
establishment.cralaw:red
In
a diplomatic post where there is a consular section, foreign service
officers
may be designated as both diplomatic and consular officers.cralaw:red
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.cralaw:red
The
Director of the Foreign Service Institute shall be also have the title
of assistant secretary.cralaw:red
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. chanrobles virtuallaw libraryred
A
foreign service officer, class I, may be designated as division
director.cralaw:red
A
foreign service officer, class II, may be designated as assistant
division
director.cralaw:red
A
foreign service officer, class III, may be designated as assistant
division
director.cralaw:red
A
foreign service officer, class IV, may be designated as assistant
division
director.cralaw:red
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. chanrobles virtuallaw libraryred
A
foreign service officer below the rank of the chief of mission may be
designated
as principal assistant in any office.cralaw:red
Any
assignment in the home office requiring a rank higher than the actual
rank
of the officer assigned shall be in an acting capacity.cralaw:red
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.
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.cralaw:red
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: chanrobles virtuallaw libraryred
(a) Extending
diplomatic, financial, material, humanitarian support and other
expressions
of solidarity; chan
robles
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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.chanrobles virtual law library
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.chanrobles virtual law library
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.cralaw:red
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. chanrobles virtuallaw libraryred
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All
appointments of foreign service officers shall be to a class and to not
to a particular post.chanrobles virtual law library
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.chanrobles virtual law library
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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.
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.chanrobles virtual law library
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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. chanrobles virtuallaw libraryred
Sec.
23. Compulsory 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.cralaw:red
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
originally appointed at the discretion of the chief of mission
concerned.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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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.chanrobles virtual law library
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.cralaw:red
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.cralaw:red
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; chan
robles
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he has very satisfactorily served another government agency for the
same
duration; chanrobles virtuallaw libraryred
(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.chanrobles virtual law library
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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.
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.cralaw:red
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.chanrobles virtual law library
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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. chanrobles virtuallaw libraryred
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.cralaw:red
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.chanrobles virtual law library
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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; chan
robles
virtual law library(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.chanrobles virtual law library
For
this purpose, Manila shall be considered a separate post. The Secretary
shall promulgate the guidelines including the financial implications of
the provision.chanrobles virtual law library
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.cralaw:red
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. chanrobles virtuallaw libraryred
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.
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.chanrobles virtual law library
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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.chanrobles virtual law library
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 attaché or representative
accredited
to one (1) post, except military and commercial attaches.cralaw:red
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 attaché shall clear with the
chief
of mission concerned all their public pronouncements at the post.cralaw:red
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
attaché at diplomatic post, under Section 43, Title V of this
Act.cralaw:red
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 attaché 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.cralaw:red
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.
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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. chanrobles virtuallaw libraryred
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.cralaw:red
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
psychologically
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.cralaw:red
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.cralaw:red
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.chanrobles virtuallaw libraryred
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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.chanrobles virtual law library
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.cralaw:red
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.cralaw:red
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; chan
robles
virtual law library(b) Lack
of required length 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.chanrobles virtual law library
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.cralaw:red
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(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.chanrobles virtual law library
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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.chanrobles virtual law library
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; chanrobles virtuallaw libraryredchan
robles
virtual law library(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.chanrobles virtual law library 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 chanrobles virtuallaw libraryred
(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.chanrobles virtual law library
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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.chanrobles virtual law library
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.cralaw:red
Sec.
59. Performance Report. — The
Foreign Service Institute shall submit to the President and to Congress
an annual performance report. chanrobles virtuallaw libraryred
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.chanrobles virtual law library
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.
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.chanrobles virtual law library
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; chan
robles
virtual law library(b) Living
quarters allowances. — To enable personnel to whom those are granted to
live in a manner benefiting their representative capacity but not
purpose
of augmenting basic salary; chanrobles virtuallaw libraryred
(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.chanrobles virtual law library
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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.chanrobles virtual law library
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. chanrobles virtuallaw libraryred
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.cralaw:red
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.cralaw:red
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.
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.cralaw:red
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.cralaw:red
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; chan
robles
virtual law library(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 chanrobles virtuallaw libraryred
(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.chanrobles virtual law library
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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.chanrobles virtual law library
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.cralaw:red
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.cralaw:red
Subject
to the prior approval of the Department Head, full family allowances
may
be paid to any claimant.cralaw:red
(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 chan
robles
virtual law library(b) Who,
for the convenience of the Government, must live alone without any or
all
the members of his family at his post of assignment.chanrobles virtual law library
All
other meritorious cases by considered by the Department Head as the
circumstances
and the exigencies of the Service may warrant.chanrobles virtual law library
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.chanrobles virtual law library
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; chan
robles
virtual law library(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.
The
territorial limits, in case of concurrent jurisdiction, shall extend to
all countries or areas comprised in the concurrent office.chanrobles virtual law library
No
post allowance shall be paid if the officer lives in a hotel as his
residence.chanrobles virtual law library
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. chanrobles virtuallaw libraryred
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.cralaw:red
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.cralaw:red
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.cralaw:red
Maximum
allowable amounts shall be established for each category of
representation
allowance in accordance with Section 64, Part A, Title XII of this
Act.cralaw:red
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.cralaw:red
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.cralaw:red
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. chanrobles virtuallaw libraryred
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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
chanrobles virtuallaw libraryred(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.chanrobles virtual law library
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.
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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.chanrobles virtual law library
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.cralaw:red
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.chanrobles virtual law library
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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. chanrobles virtuallaw libraryred
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.cralaw:red
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.chanrobles virtual law library
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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.chanrobles virtual law library
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.cralaw:red
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. chanrobles virtuallaw libraryred
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.cralaw:red
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.cralaw:red
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.
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.chanrobles virtual law library
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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; chan
robles
virtual law library(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 chanrobles virtuallaw libraryred
(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.chanrobles virtual law library
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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.chanrobles virtual law library
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.cralaw:red
The
setting up, use and disbursement of funds shall be subject to review,
accounting
and auditing rules and regulations of the Commission on Audit.cralaw:red
The
Fund shall be subject to an annual review by Congress.cralaw:red
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.cralaw:red
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.cralaw:red
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.chanrobles virtuallaw libraryred
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.cralaw:red
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.cralaw:red
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. chanrobles virtuallaw libraryred
Approved:
September 19, 1991
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Copyright©1998-2006 by
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Since 19.07.98
Back
to Top - Back
to Main Index - Back
to Home
Copyright©1998-2006 by
ChanRobles
Publishing Company
All Rights Reserved
Since 19.07.98