EXECUTIVE ORDER NO. 239
EXECUTIVE ORDER NO. 239 -
REORGANIZING THE DEPARTMENT OF FOREIGN AFFAIRS AND FOR OTHER PURPOSES
WHEREAS,
under Article II, Section 1, of the Provisional Constitution, as
adopted in Proclamation No. 3 dated March 25, 1986, the President shall
give priority to measures to achieve the mandate of the people to
completely reorganize the government;
WHEREAS, Article XVIII, Section 16, of the 1987 Constitution recognizes
that the reorganization of the government shall be continued even after
the ratification of the Constitution;
WHEREAS, under Article XVIII, Sec. 6, of the 1987 Constitution, the
President shall continue to exercise legislative powers until the First
Congress is convened;
WHEREAS, Executive Order No. 132 entitled Reorganizing the Department
of Foreign Affairs was signed by the President on February 27, 1987;
WHEREAS, the implementation thereof was suspended;
NOW, THEREFORE, I CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of the Department of
Foreign Affairs.
Sec. 2. Reorganization. — The Department of
Foreign Affairs, hereinafter referred to as Department, is hereby
reorganized, structurally and, functionally, in accordance with the
provisions of this Executive Order.
Sec. 3. Declaration of Policy. — It is the policy
of the State to pursue an independent foreign policy in order to more
resolutely design and harness its foreign relations in the active
pursuit of rapid national recovery and sustained long-term growth and
development, within the framework of national sovereignty, security,
territorial integrity, national interest, right to self-determination
and commitment to international peace.
Sec. 4. Mandate. — The Department shall advise and
assist the President in planning, organizing, directing, coordinating,
integrating and evaluating the total national effort in the field of
foreign relations.
Sec. 5. Powers and Functions. — To carry out its
mandate and accomplish its mission, the Department shall undertake the
following functions:
a.
Conduct the country’s foreign relations in accordance with the policies
laid down by the President;
b. Maintain
and develop the country’s representation with foreign governments;
c. Conduct
Philippine representation in the United Nations, the Association of
Southeast Asian Nations (ASEAN), and other international and regional
organizations;
d. Serve as
the channel for matters involving foreign relations, including official
communications to and from the Republic of the Philippines;
e. Negotiate
treaties and other agreements pursuant to instructions of the
President, and in coordination, when necessary, with other government
agencies;
f. In
cooperation with other government agencies and the private sector,
promote trade, investments, tourism and other economic relations with
other countries;
g. Foster
cultural relations with other countries and protect and enhance the
Philippines’ image abroad;
h. In
cooperation with other government agencies, undertake efforts to inform
the international community about the Philippines;
i. Protect and
assist Philippine nationals abroad;
j. Carry out
legal documentation functions as provided for by laws and regulations;
k. Monitor and
analyze events in other countries and report them, as appropriate, to
the President and other government agencies;
l. In
cooperation with other government agencies, initiate, formulate,
integrate and submit to the President short, medium, and long-range
foreign policy plans and programs;
m. Supervise
and direct all official and employees assigned by the Department and
other government agencies to Foreign Service establishments abroad in
accordance with the pertinent laws, rules and inter-agency agreements;
n. Recruit,
maintain and develop a professional career foreign service based on
merit.
Sec. 6. Secretary of Foreign Affairs. — The
authority and responsibility of the Department for the discharge of its
powers and functions shall be vested in the Secretary of Foreign
Affairs, hereinafter referred to as Secretary, who shall be appointed
by the President and shall have supervision and control over the
Department and the Foreign Service.
The Secretary may designate as Special Advisers such Chiefs of Mission
on home assignment on specific areas of their expertise as may be
required by the exigencies of the service. The Secretary may also
create such advisory boards and committees as he may deem necessary to
assist and provide him with advice in the formulation of substantive
policies, and such other bodies required by existing laws, rules and
regulations.
Sec. 7. Functions of Secretary. — The Secretary
shall have the following functions:
a.
Act as the primary and principal adviser of the President in the field
of foreign relations;
b. Advise the
President on the promulgation of executive orders, rules and
regulations, proclamation and other issuances relative to matters under
the jurisdiction of the Department;
c. Establish
policies and standards for the efficient and effective operation of the
Department in accordance with the programs and projects;
d. Promulgate
rules and regulations necessary to carry out the Department’s
objectives, policies, plans, programs and projects;
e. Exercise
supervision and control over all functions and activities of the
Department;
f. Supervise
all attached agencies in accordance with law;
g. Delegate
authority for the performance of any function to officers and employees
of the Department;
h. Perform
other functions as may be provided by law or appropriately assigned by
the President.
Sec. 8. Organizational Structure. — The Department
shall have the following organizational units:
a.
Department Proper :
1.
Office of the Secretary. Under the Office of the Secretary are the
following: Office of the Legal Adviser, the Office of the Coordination
and Policy Planning, the Office of Data Banking and Communication, the
Office of Protocol, State and Official Visits, and the Office of
Intelligence and Security. In addition, the following shall be directly
under the supervision of the Secretary:
i.
Foreign Service Institute
ii. UNESCO
National Commission of the Philippines
iii. Technical
Assistance Council
2.
Offices of the two (2) Undersecretaries;
3. Offices of
the Assistant Secretaries;
4. Home
Offices:
a.
Office of Asian and Pacific Affairs
b. Office of
Middle East and African Affairs
c. Office of
American Affairs;
d. Office of
European Affairs;
e. Office of
ASEAN Affairs;
f. Office of
United Nations and other International Organizations;
g. Office of
International Economic Affairs and Development;
h. Office of
Cultural Affairs and Public Information;
i. Office of
Personnel and Administrative Services;
j. Office of
Financial Management Services;
k. Office of
Consular Services.
b.
Foreign Service Establishments:
Philippine
Embassies, Consulates, Legations and Permanent Missions.
Sec. 9. Undersecretaries. — The Secretary shall be
assisted in the discharge of his functions by two (2) Undersecretaries,
who shall be appointed by the President upon the recommendation of the
Secretary. The Secretary shall determine and assign the respective
functions and responsibilities of the Undersecretaries. The Secretary
shall designate one of the Undersecretaries as Acting Secretary in his
behalf.
Sec. 10. Assistant Secretaries. — The Secretary
shall also be assisted by six (6) Assistant Secretaries who shall be
appointed by the President upon recommendation by the Secretary. The
Secretary shall delineate the respective areas of responsibility of
each Assistant Secretary.
Sec. 11. Office of the Legal Adviser. — There is
hereby created an Office of the Legal Adviser under the Office of the
Secretary. It shall be headed by a Legal Adviser, who shall be a career
Chief of Mission. However, the Legal Adviser may be appointed by the
President upon the recommendation of the Secretary from outside the
career service. In which case, the Legal Adviser shall have the
assimilated rank of a Chief Of Mission and whose term shall be, unless
sooner terminated, co-terminus with the tenure of the Secretary and who
is not eligible for foreign assignment. The Legal Adviser shall provide
legal advice and services to the Department.
Sec. 12. Office of Coordination and Policy
Planning. — There is hereby created the Office of Coordination and
Policy Planning under the Office of the Secretary. It shall be headed
by the Chief Coordinator. The Office of Coordination and Policy
Planning shall provide staff support to the Office of the Secretary and
perform coordinating and such other functions as may be prescribed by
the Secretary. It shall initiate, coordinate and integrate the planning
of foreign policy.
Sec. 13. Office of Data Banking and Communication.
— There is hereby created the Office of Data Banking and Communication
under the Office of the Secretary. It shall establish and maintain a
modern data center in the Department. The Office shall:
a.
Assist the Secretary on all matters regarding data banking and
information retrieval;
b. Establish,
develop and maintain a computerized foreign-relations data bank for the
Department;
c. Establish,
develop and maintain both domestic and foreign service communications
system including efficient flow systems for all correspondence between
and among all Department units;
d. Establish,
develop and maintain the records system of the entire
Department;
e. Provide
technical assistance to any service, office or attached agency of the
Department, on matters within its competence;
f. Perform
other related functions as may be assigned by the Secretary.
Sec. 14. Office of Protocol, State and Official
Visits. — The Office of Protocol, State and Official Visits shall
coordinate preparations for state visits, the reception of Chiefs of
States and Heads of Governments, and of the highest foreign dignitaries
visiting the Philippines, including official visits of Philippine
officials abroad, as may be determined by the President. It shall also
be responsible for handling all activities of the Department concerning
protocol, ceremonials and socials, the proper observance and
enforcement of all formalities, courtesies, facilities, immunities and
privileges under the Vienna Convention on Diplomatic Relations and the
Vienna Convention on Consular Relations, and other applicable
conventions and agreements.
Sec. 15. Office of Intelligence and Security. —
The Office of Intelligence and Security shall adopt a system of
information gathering and analysis, liaison with the intelligence
community and provide security services in the Department. It shall
likewise undertake enforcement and monitoring of security procedures in
the Department and Foreign Service establishments.
Sec. 16. Foreign Service Institute. — The Foreign
Service Institute shall continue to operate under its charter, but
shall be revitalized as the training, research, and career development
arm of the Department, in accordance with such rules as may be
prescribed by the Secretary. The Institute shall be an integral
participant in the planning review process in the Department.
Sec. 17. UNESCO National Commission of the
Philippines. — The UNESCO National Commission of the Philippines shall,
in coordination with the Office of United Nations and other
International Organizations, advise the Philippine delegation to the
United Nations Educational, Scientific and Cultural Organization
(UNESCO) Conference, and the Philippine Government, on matters relating
to the UNESCO and shall function as a liaison agency in all matters
pertaining to the Commission
Sec. 18. Technical Assistance Council. — The
Technical Assistance Council shall continue to perform its present
functions including the conduct and expansion of its
programs.
Sec. 19. Board of Foreign Service Administration.
— The Board of Foreign Service Administration shall consist of nine (9)
members: one Undersecretary as Chairman; the other Undersecretary as
Vice-Chairman; and, the Heads of the Office of Personnel and
Administrative Services and the Office of Financial Management
Services, the Legal Adviser and four (4) others to be designated by the
Secretary, as members.
The Board shall be responsible for considering and recommending
policies for the efficient and economical discharge of the
administrative operations of the Department and the Foreign Service. It
shall also consider and submit recommendations on policy and other
important matters concerning personnels including the appointment,
assignment, and promotion of all Foreign Service Staff Officers and
employees as well as to recommend to the President, through the
Secretary, the appointment and promotion of Foreign Service Officers,
Counsellors and Chiefs of Missions. It shall likewise act and submit
recommendations on administrative cases involving personnel of the
Department and the Foreign Service.
Sec. 20. Board of Foreign Service Examiners. — The
Board of Foreign Service Examiners shall be under the administrative
supervision of one of the Undersecretaries. It shall be responsible for
planning and administering the Foreign Service Officers Examinations.
It shall also be responsible for planning and administering the Foreign
Service Staff Officers and Foreign Service Staff Employees
Examinations. The membership of the Board shall be composed of the
Undersecretary as Chairman; the Head of the Office of Personnel and
Administrative Services and a Commissioner of the Civil Service
Commission, as members.
Sec. 21. Transferred Agencies. —
a.
The Law of the Sea Secretariat is hereby transferred from the defunct
Office of the Prime Minister to the Department.
b. The
Inter-Agency Technical Committee on Economic, Scientific and Technical
Cooperation with Socialist Countries (SOCCOM), Inter-Agency Technical
Committee on Technical Cooperation Among Developing Countries
(IATCTCDC), and the Permanent Inter-Agency Technical Committee on ESCAP
Matters (PITCEM), are hereby transferred from the National Economic and
Development Authority (NEDA) to the Department.
Sec. 22. Home Offices. —
a.
Geographical Offices.
1.
Office of Asian and Pacific Affairs: Japan and the Northeast Asian
countries, China, the Central Asian countries, the Southeast Asian and
Pacific countries;
2. Office of
Middle East and African Affairs : the Gulf States, the Middle Eastern
and North African countries, the Western African States and the Eastern
African countries;
3. Office of
American Affairs: United States of America, Canada, Mexico, the Central
American and Caribbean countries, and the South American States;
4. Office of
European Affairs: Union of Soviet Socialist Republics, the Western
European countries, the Eastern European countries and the Central
European countries;
The above-named Offices shall be
responsible for providing staff support and policy guidance in the
coordination, supervision, monitoring, integration, and reporting of
the activities and operations of Philippine diplomatic missions and
establishments within their geographic coverage.
b.
Office of ASEAN Affairs. — The Office of ASEAN Affairs shall continue
to be responsible for Philippine participation and negotiation in ASEAN
as well as providing staff support and policy guidance in the
coordination, supervision, monitoring, integration, reporting and
operations of the Philippine Government to ASEAN.
c. Office of
United Nations and Other International Organizations (UNIO). — UNIO
shall continue to be responsible for Philippine participation in the
United Nations and other international organizations, and for providing
staff support and policy guidance in the coordination, supervision,
monitoring, integration, reporting and operations of the Philippine
Government in the United Nations, its specialized agencies and other
intergovernmental organizations except ASEAN, as well as for Philippine
participation in conferences therein. It shall also serve as the
secretariat of all Philippine National Commissions and Councils created
pursuant to commitments in the United Nations and its specialized
agencies.
d. Office of
International Economic Affairs and Development. — The Office of
International Economic Affairs and Development is hereby created. It
shall be responsible for conducting the programs and activities of the
Department in the fields of international trade, finance and economics;
coordinate with the regional offices and the Office of United Nations
and Other International Organizations; and in coordination with the
Department of Trade and Industry, conduct trade and investment
promotion, activities.
e. Cultural
Affairs and Public Information Services. — The Cultural Affairs and
Public Information Services is hereby created and shall initiate,
coordinate, integrate, rationalize, monitor, report and evaluate
cultural plans, programs and projects. It shall likewise be responsible
for the Department’s relations with local and foreign media and
pertinent institutions, as well as the regular dissemination of
relevant information to all foreign service establishments.
f. Office of
Personnel and Administrative Services. — The Office of Personnel and
Management Services is hereby renamed as the Office of Personnel and
Administrative Services. It shall be responsible for the efficient
management of human resources and administrative support services, and
shall make appropriate recommendations, including those concerning job
classification, salary administration, benefits, retirement, and awards
to deserving members of the Foreign Service.
g. Office of
Financial Management Services. — The Office of Fiscal Services is
hereby renamed as the Office of Financial Management Services. It shall
be responsible for budgetary, financial and accounting services in the
Department and the Foreign Service.
h. Office of
Consular Affairs. — The Office of Consular Affairs shall be responsible
for the efficient and effective delivery of passport, visa, and
authentication services. It shall also extend assistance to Filipino
nationals both here and abroad.
Sec. 23. The Foreign Service. — All Philippine
embassies, consulates general/consulates and honorary consulates,
legations and permanent missions, presently existing, shall continue
with their present functions subject to the provision herein below.
The Secretary is hereby ordered to conduct a study and submit to the
President within one hundred twenty (120) days from the approval of
this Executive Order the following:
a.
A new classification of diplomatic and consular establishments using,
among others, the following criteria of national interest:
economic-trade interests, number of Filipino resident nationals,
geopolitical significance of the post and historical-cultural
considerations. Such reclassification shall be reviewed from time to
time;
b. A rotation
plan for foreign service personnel strictly adhering to the policy of
placing personnel in posts where he or she has had the best preparation
or training for and in accordance with the standing policy on rotation
of assignments such that no personnel shall remain at one post for an
unreasonably extended period;
c.
Recommendations on the consolidation of diplomatic and consular posts
and the creation of others in accordance with the policy expressed in
Sec. 3 hereof;
d. Measures to
realize the efficient and effective supervision and control by the
Department, of foreign service posts including attached
agencies.
Sec. 24. Transitory Provision. — In accomplishing
the acts of reorganization herein prescribed, the following transitory
provisions shall be complied with, unless otherwise provided elsewhere
in this Executive Order:
a.
The transfer of a government unit shall include the functions,
appropriations, funds, records, equipment, facilities, choses in
action, rights, other assets, and liabilities, if any, of the
transferred unit as well as the personnel thereof, as may be necessary,
who shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits: Provided, That those personnel of the
transferred unit whose positions are not included in the Department’s
new position structure and staffing pattern approved and prescribed by
the Secretary or who are not reappointed shall be deemed separated from
the service and shall be entitled to the benefits provided under the
second paragraph of Sec. 25 hereof.
b. The
transfer of functions which results in the abolition of the government
unit that has exercised them shall include the appropriations, funds,
records, equipment, facilities, choses in action, rights, other assets
and personnel as may be necessary to the proper discharge of the
transferred functions. The abolished unit’s remaining appropriations
and funds, if any, shall revert to the General Fund and its remaining
assets, if any, shall be allocated to such appropriate units as the
Secretary shall determine or shall otherwise be disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and
regulations. Its personnel shall, in a hold-over capacity continue to
perform their duties and responsibilities and receive the corresponding
salaries and benefits: Provided, That its personnel. whose positions
are not included in the Department’s new position structure and
staffing pattern approved and prescribed by the Secretary under Sec. 25 hereof or who are not reappointed, shall be deemed separated from
the service and shall be entitled to the benefits provided under the
second paragraph of the same Sec. 25.
c. The
transfer of functions which does not result in the abolition of the
government unit that has exercised them shall include the
appropriations, funds, records, equipment, facilities, choses in
action, rights, other assets and personnel as may be necessary to the
proper discharge of the transferred functions. The liabilities if any,
that may have been incurred in connection with the Government Auditing
Code functions, shall be treated in accordance with the Government
Auditing Code and other pertinent laws, rules and regulations. Its
personnel shall, in a hold-over capacity continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits: Provided, That any personnel, whose position is
not included in the Department’s new position structure and staffing
pattern approved and prescribed by the Secretary under Sec. 25
hereof or who has not been reappointed, shall be deemed separated from
the service and shall be entitled to the benefits provided under the
second paragraph of the same Sec. 25.
d. In case of
the abolition of a government unit which does not result in the
transfer of its functions to another unit, the appropriations and funds
of the abolished unit shall revert to the General Fund, while the
records, equipment, facilities, choses in action, rights, and other
assets thereof shall be allocated to such appropriate units as the
Secretary shall determine The liabilities of the abolished unit shall
be treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations, while the personnel thereof,
whose positions are not included in the Department’s new position
structure and staffing pattern approved and prescribed by the Secretary
under Sec. 25 hereof or who have not been reappointed, shall be
deemed separated from the service and shall be entitled to the benefits
provided under the second paragraph of the same Sec. 25.
e. In case of
merger or consolidation of government units, the new or surviving unit
shall exercise the functions (subject to the reorganization herein
prescribed and the laws, rules and regulations pertinent to the
exercise of such functions) and shall acquire the appropriations,
funds, records, equipment, facilities, choses in action, rights, other
assets, liabilities if any, and personnel, as may be necessary. of (1)
the units that compose the merged unit or (2) the absorbed unit, as the
case may be. Such personnel shall, in a hold-over capacity, continue to
perform their respective duties and responsibilities and receive the
corresponding salary, and benefits: Provided, That any such personnel,
whose position is not included in the new position structure and
staffing pattern approved and prescribed by the Secretary under Sec. 24 hereof or who is not reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided under the second
paragraph of the same Sec. 25.
f. In case of
termination of a function which does not result in the abolition of the
government unit which has performed such function, the appropriations
and funds intended to finance the discharge of such function shall
revert to the General Fund, while the records, equipment, facilities,
choses in action, rights and other assets used in connection with the
discharge of such function shall be allocated to the appropriate units
as the Secretary shall determine or shall otherwise be disposed in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations. The liabilities, if any, that may have been
incurred in connection with the discharge of such function shall
likewise be treated in accordance with the Government Auditing Code and
other pertinent laws, rules and regulations. The personnel who have
performed such functions, whose position are not included in the
Department’s new position structure and staffing pattern approved and
prescribed by the Secretary under Sec. 25 hereof or who have not
been reappointed, shall be deemed separated from the service and shall
be entitled to the benefits provided under the second paragraph of the
same Sec. 25.
Sec. 25. New Structure and Pattern. — Upon
approval of this Executive Order, the officers and employees of the
Department shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits.
The new position structure and staffing pattern of the Department shall
be approved and prescribed by the Secretary within one hundred twenty
(120) days from the approval of this Executive Order and the authorized
positions created thereunder shall be filled with regular appointments
by him or by the President, as the case may be. Those incumbents whose
positions are not included therein or who are not reappointed shall be
deemed separated from the service. Those separated from the service
shall receive the retirement benefits to which they may be entitled
under existing laws, rules and regulations. Otherwise, they shall be
paid the equivalent of one-month basic salary for every year of service
or fraction thereof, computed on the basis of the highest salary
received but in no case shall such payment exceed the equivalent of
twelve ( 12) months salary.
Sec. 26. Periodic Performance Evaluation. — The
Secretary is hereby required to formulate and enforce a system of
measuring and evaluating periodically and objectively the performance
of the Department and submit the same annually to the
President.
Sec. 27. Notice or Consent Requirement. — If any
reorganization change herein authorized is of such substance or
materiality as to prejudice third persons with rights recognized by law
or contract such that notice to or consent of creditors is required to
be made or obtained pursuant to any agreement entered into with any
such creditors, such notice or consent requirement shall be complied
with prior to the implementation of such reorganization change.
Sec. 28. Prohibition Against Change. — No change
in the reorganization herein prescribed shall be valid except upon
prior approval of the President for the purpose of promoting efficiency
and effectiveness in the delivery of public services.
Sec. 29. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Department.
Sec. 30. Implementing Authority of Secretary. —
The Secretary shall issue such rules, regulations and other issuances
as may be necessary to ensure the efficient and effective
implementation of the provisions of this Executive Order. The Secretary
is also authorized to establish, create, transfer or restructure
organizational units in the Department, Provided, That any creation,
transfer or restructuring of organizational units will be consistent
with the provisions of this Executive Order towards promoting
simplicity, efficiency and economy in the delivery of public services
by the Department.
Sec. 31. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall not
have the effect of nullifying other portions or provisions hereof as
long as such remaining portions or provisions can still subsist and be
given effect in their entirety.
Sec. 32. Repealing Clause. — All laws, ordinances,
rules, regulations, other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 33. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
APPROVED in the City of Manila,
Philippines, this 24th day of July, in the Year of Our Lord, nineteen
hundred and eighty-seven.
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Since 19.07.98.