EXECUTIVE ORDER NO. 495
EXECUTIVE ORDER NO. 495 -
ESTABLISHING THE RULES AND REGULATIONS OF THE FOREIGN SERVICE
COMPENSATION DECREE OF 1978
WHEREAS,
a Foreign Service Compensation Plan was established by Presidential
Decree No. 1285 in an attempt to rationalize the foreign service
compensation plan of national government officials and
employees;
WHEREAS, the said Decree directs the President to promulgate the
necessary implementing rules and regulations upon recommendation of the
Secretary of Foreign Affairs and the Commissioner of the Budget;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
do hereby promulgate the following rules and regulations:
PART
I
Department of Foreign Affairs
Officials and Employees
Section 1. Salaries at which Foreign Service Officers
may be appointed. —
(a) A person appointed as a Foreign Service Officer
of Class IV shall receive a salary at that one of the rates provided
for that class, which the Secretary of Foreign Affairs shall, taking
into consideration his age, qualifications and experience, determine to
be appropriate. Until otherwise changed pursuant to the Foreign Service
Compensation Decree, the rates established under P.D. No. 905 shall
apply.
(b) A person appointed as Foreign Service Officer of
Class II and III, inclusive, shall receive a salary at the minimum rate
provided for the class to which he has been appointed.
Sec. 2. Salaries at which Foreign Service staff
officers and employees may be appointed. — A person appointed as a
staff officer in Classes I through III or staff employee in Classes I
through III, inclusive, shall receive salary at the minimum rate
provided for the class to which he is appointed, except as otherwise
provided in this Order.
Sec. 3. Salaries of alien clerks and employees. —
The basic salary of an alien clerk or employee shall be fixed by the
Secretary of Foreign Affairs in the currency of the country of
assignment within the limits of available appropriations, giving weight
to the rank and duties of the clerk or employee and the prevailing
rates of salary at the post. For this purpose, the appointments to
positions of alien clerks or employees who are already in the service
prior to the approval of this Order shall be revised accordingly so
that the annual basic rate shall be in currency of the country of
assignment and in an amount that would not result in diminution in
existing total take home pay.
Sec. 4. Compensation of Officers Temporarily
In-Charge. —
(a) As Charge d’ Affaires ad interim. — During the
period that any Foreign Service Officer acts as charge d’ affaires ad
interim at the post to which he is assigned, he shall receive, subject
to such rules and regulations as the Secretary may prescribe, the
equivalent of the representation and other allowances of the chief of
mission but shall not be given any increase in basic salary.
(b) As Officer-in-Charge of consulate general or
consulate. — During the time that any Foreign Service Officer is
temporarily in charge of a consulate or consulate general because of
the absence or incapacity of the principal officer, he shall receive,
subject to such rules and regulations as the Secretary may prescribe,
the equivalent of the representation and other allowances to which the
principal officer would be entitled were he at his
post.
Sec. 5. Classification of Positions in the Foreign
Service. — Under such regulations as he may prescribe, the Secretary
shall classify all positions in the service, including those positions
at foreign posts which may be held by career ministers, and shall
allocate all positions occupied or to be occupied by staff officers and
employees to classes and grades established by R.A. No. 708, as
amended, and by alien employees to such classes and grades as may be
established by regulation: Provided, That in case the present incumbent
receives a salary more than the amount fixed under this Order, there
shall be no distinction in the compensation of such incumbent by
providing excess of salary to him while he remains in the same
position.
PART
II
Allowance of Foreign Service
Personnel
Sec. 6. Rates and Policies on Allowances. — The
President shall approve, upon recommendation of the Secretary of
Foreign Affairs and the Commissioner of the Budget, rates, maximum
allowable amounts and policies on allowances which shall be applicable
to all national government employees stationed abroad pursuant to the
Foreign Service Compensation Decree.
Sec. 7. Living Quarters Allowance. —
(a) Commutable living quarters allowances shall be
granted to officers or employees in the service assigned abroad, who
are citizens of the Philippines. Such allowances may cover the rental
of quarters including utilities, telephone and other maintenance
expenses, which may be revised as to amounts not oftener than once a
year with the approval of the President.
(b) 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 the said quarters in each post shall
be officially certified under oath by the chief of mission or principal
officer: And Provided, further, that the equivalent of said allowances
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;
(c) No living quarters allowances shall be paid to
persons occupying government-owned, furnished and rented quarters. No
allowances shall be paid for quarters occupied free or under
arrangements with other parties permitting direct or indirect gain to
the claimant or his family;
(d) 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 (50%) percent 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 case
voucher;
(e) 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 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 months without the prior
personal approval of the Department Head. If the officer or employee
owns the quarters occupied by him, payment of the allowance shall cease
immediately unless otherwise authorized by the Department
Head.
(f) In case an officer or employee is on home leave,
the allowance shall cease to accrue from the first 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 months. This regulation shall apply also in cases where
extended leaves of absence are employed in any other place
necessitating departure from the post of assignment. If the officer or
employee owns the house occupied by him, the allowance shall be
discontinued.
Sec. 8. Overseas Allowance. — 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, as determined by the Secretary of Foreign
Affairs:
(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 on this work efficiently;
(b) That
extraordinary and necessary expenses, not otherwise compensated for,
are incurred by an officer or employee of the Foreign Service incident
to the establishment of his residence at his post of assignment;
(c) That an
allowance is necessary to assist an officer or employee of the Foreign
Service who is compelled by reason of dangerous, notably unhealthful,
or excessively adverse living conditions at his post abroad or for the
convenience of the Government to meet the additional expense of
maintaining assignment.
Sec. 9. Adjustments in the Overseas Allowances. —
A Permanent Committee is hereby created, consisting of the Secretary of
Foreign Affairs as Chairman and as members, the Commissioner of the
Budget 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 price indices shall be specifically considered
in the Committee’s evaluation: Provided, Further, that adjustments
shall be made not oftener than once a year: Provided, Finally, That
implementation shall be subject to the availability of funds.
Sec. 10. Family Allowance. —
(a) 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 of them may claim
the allowance.
(b) No family allowance for spouse shall be payable
if the claimant is a widower or widow or separated or when his/her
spouse is gainfully employed. However, if claimant has minor unmarried
dependent children to support, he shall be entitled to the family
allowance for each child but not exceeding three (3) in number.
(c) 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 allowances
purposes, be considered as minor children.
(d) Subject to the prior approval of the Department
Head, full family allowances may be paid to any claimant (i) who is
compelled by reason of dangerous, notably unhealthful 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 it inadvisable for any or all the members of
his family to live with him at his post, or (ii) who, for the
convenience of the Government, must live alone without any or all the
members of his family at his post of assignment. All other meritorious
cases may be considered by the Department Head as the circumstances and
the exigencies of the service may warrant.
Sec. 11. Post Allowance. —
(a) An allotment of funds may be made by the
Secretary of Foreign Affairs, 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.
(b) Post allowances shall be granted at a per annum
rate for fiscal years, beginning on the first day of the month,
following arrival at post. On transfer from post, allowances shall
cease on the first day of the month following departure therefrom. Post
allowances 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:
(i)
when on temporary duty even outside the city or place where he
maintains regular office but remains within the territorial limits of
his diplomatic or consular jurisdiction.
(ii) when on
temporary duty outside his diplomatic or consular jurisdiction for a
consecutive period nor exceeding sixty (60) days during which he shall
be paid the post allowance. Beyond sixty (60) days, no allowance shall
be paid except as specifically approved by the President. Payment of
the post allowance shall be resumed only on the date of the actual
return within his diplomatic or consular jurisdiction.
(iii) when he
is on leave of absence with full pay provided the leave is spent within
the territorial jurisdiction of his post. No post 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 the countries or areas comprised in the concurrent office.
(c) No post allowance shall be paid if the officer
lives in a hotel as his residence.
Sec. 12. Representative Allowance. —
(a) Representation allowances may be granted to
chiefs of mission, special envoys, ministers, permanent delegates or
representatives of 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 and distinction, and to carry out
their functions more effectively.
(b) Representation 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 tasks assigned to
them.
(c) Expenses charged to representation allowances
must be supported by proper receipt or vouchers if the individual
amount of expenditure exceeds fifty ($50) United States dollars or its
equivalent. Where expenses are incurred for entertainment, the voucher
must be accomplished by a statement of the officer concerned or by such
proof as may be shown that the expenses have been made in the public
interest. The documents submitted shall be treated as
confidential.
(d) Should special entertaining be necessary because
of formal visits of 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.
(e) Maximum allowable amounts shall be established
for each category of representation allowance in accordance with
Sec. 6 of this Order.
Sec. 13. Clothing Allowance. — Clothing allowances
may be granted to officers and employees of service assigned abroad who
are citizen of the Philippines not oftener than once every twelve
months in amounts not exceeding five hundred ($500) United States
dollars for chiefs of mission and principal officers, four hundred
($400) United States dollars for foreign service officers and two
hundred fifty ($250) United States dollars for staff officers and
employees.
Sec. 14. Education allowance. — Education
allowances may be granted to officers and employees assigned abroad who
are citizens of the Philippines for their legal dependent children not
exceeding three in number, who are enrolled in the primary and
elementary. This grant shall not, however, be payable in respect of
posts — (a) where free education is provided for and/or (b) where
English is the medium of instruction.
The allowance may be granted as reimbursement of actual costs within
such maximum amount as shall be fixed by the Secretary of Foreign
Affairs and the Budget Commission, with the approval of the President,
per school year for each child, subject to presentation of receipts and
other evidences of payment of matriculation, tuition, books and other
school fees.
Sec. 15. Medical Allowance. —
(a) Foreign service personnel may be required by the
Department Secretary 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 percent (75%) thereof shall be borne by the government as
its contribution.
(b) In the event of illness or injury requiring
hospitalization of a foreign service personnel, not the result of
vicious habits, intemperance or misconduct on his part, the government
shall reimburse the cost of medical expenses in accordance with the
regulation prescribed in paragraph (a) of this section, provided that
no medical insurance scheme is available in the post of
assignment.
(c) 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 Sec. 6 hereof. If the foreign service personnel is
too ill to travel unattended, the travel expenses if the attendant
shall also be paid by the Department.
(d) Only legal dependents of those mentioned in
paragraph (a) hereof living with the officer or employee at the post
shall be entitled to the medical allowance.
Sec. 16. Relocation Allowance. —
(a) Any officer or employee of the service on
assignment to or from a post shall be entitled to an allowance for
packing, shipment by usual means of transportation, and unpacking at
destination of furniture and other household and personal effects in
such amounts and within such limitations as may be prescribed pursuant
to Sec. 6 hereof.
(b) This allowance entitles the officer or employee
to choose either or the following:
(i)
Ship his household goods and personal effects to the authorized
destination at the expense of the government in accordance with rules
and regulations as the Secretary of Foreign Affairs and the
Commissioner of the Budget may prescribe with the approval of the
President or
(ii) Receive
the money value equivalent to 50% of the estimated cost of packing and
shipping of the household goods and personal effects to the authorized
destination as computed in no. (i) above.
PART
III
Assimilated Ranks
Sec. 17. Assignment of Assimilated Ranks. — In
accordance with Sec. 4 of P.D. No. 1285, the authority to assign
assimilated diplomatic ranks to agriculture, commercial, finance,
revenue, labor, tourism, science and other civil attaches, and other
personnel stationed abroad by other Departments, bureaus, or offices,
shall remain with the President, who shall act on the basis of
recommendations of the Secretary of Foreign Affairs and the
Commissioner of the Budget.
PART
IV
Final Provisions
Sec. 18. Supplementary Rules and Regulations.
— Supplementary rules and regulations as may be necessary to
implement this Executive Order shall be adopted pursuant to Sec. 6
hereof.
Sec. 19. Availability of Funds. —
Implementation of rates of compensation, allowance and fringe benefits
shall be subject to the availability of funds for the purpose and to
specific approval of the President.
Sec. 20. Effectivity. — This Executive Order
shall take effect immediately.
Done in the City of Manila,
this 13th day of January, in the year of Our Lord, nineteen hundred and
seventy-eight.
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Since 19.07.98.