EXECUTIVE ORDER NO. 401
EXECUTIVE ORDER NO. 401 - RULES AND
REGULATIONS AND AUTHORIZED ALLOWANCES COVERING OFFICIAL TRAVEL ABROAD
OF GOVERNMENT PERSONNEL UNDER THE CATEGORY OF CONFERENCE, SPECIAL
MISSIONS, AND OTHER NON-STUDY TRIPS
WHEREAS,
present circumstances warrant a review of the existing rules and
regulations governing official travel abroad of government
personnel;
WHEREAS, to provide government personnel on official travel abroad with
adequate financial means within the financial capability of the
government to enable them to travel in a manner befitting their
representative capacity and to uphold the prestige of the Republic of
the Philippines and otherwise to represent the country with distinction
and dignity, it is necessary to adjust/modify existing rules and
regulations and authorized allowances covering official travel abroad;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Coverage. — This Executive Order shall
govern official travels abroad of officials and employees of the
government, both national and local, including government-owned or
controlled corporation whose nature of travel is under the category of
Conferences, Special Missions, and Other Non-Study Trips.
Sec. 2. Approval of the President. — All official
travels abroad of Department Secretaries, Undersecretaries, Assistant
Secretaries, and other officials of equivalent rank whose nature of
travel falls under the category of Conferences, Special Missions, and
Other Non-Study Trips, shall be subject to the prior approval of the
President of the Philippines. All other positions concerned shall be
with the prior approval of their respective Department Secretary and
his equivalent.
Sec. 3. Nature of Travel. — Travels and
assignments under this Executive Order shall cover only those which are
urgent and extremely necessary, will involve the minimum expenditure
and expected to bring immediate benefit to the country. Travels and
assignments under this Order shall include those undertaken for the
following purposes:
a)
To attend conferences or seminars sponsored by foreign governments or
international government, organizations to which the Philippine
Government is committed or invited to send representatives or
participants;
b) To attend
conferences or seminars sponsored by private organizations, whether
international or not, invitations to which have been sent through their
respective governments to the Philippine Government;
c) To conduct
examination or investigation of Philippine Government agencies or
affairs;
d) To
undertake any other official mission which cannot be assigned to any
other Philippine government official or officials already abroad.
Sec. 4. Transportation. — In case officials and
employees authorized to travel abroad under this Order are not provided
with transportation by the host country or sponsoring organization or
agency, they shall be allowed official transportation which shall be of
the economy class unless otherwise specified in the travel authority.
Sec. 5. Clothing Allowance. — Officials and
employees authorized to travel abroad under this Order shall be granted
clothing allowance as follows:
Category
Allowance Clothing
a) Department
Secretaries,
Executive Secretary,
Cabinet Secretary, Chairmen
of
Constitutional Commissions,
and
those of equivalent rank
$400
b) Department
Undersecretaries,
Deputy Executive Secretary,
Cabinet Undersecretary,
Members of Constitutional
Commissions, and those of
equivalent rank
400
c) Assistant
Secretaries, Chairmen
of
governing boards and the
general
managers or the
managing
heads of government-
owned or
controlled corporations,
heads of
delegation with full
powers,
Directors of bureau-level
offices, Department Regional
Directors,
Chiefs of Missions,
Consuls-General, Counsellors,
Chief
of Staff of the Armed
Forces
of the Philippines, and
other
officials of equivalent rank
350
d)
Vice-Chairmen and Members
of
governing boards and
councils, the Assistant General
Managers
and other assistant
managing heads of government-
owned
or controlled corporations,
Assistant
Bureau Directors,
Bureau
Regional Directors,
other
general officers of the
Armed
Forces of the Philippines,
Foreign
Service Officers, and
other
officials of equivalent rank
350
e) Heads of
primary units and
officials
of equivalent rank 300
f) All other
employees
300
Clothing allowance shall not be granted oftener than once in every
twenty-four (24) months, and a certification shall be submitted to the
effect that no clothing allowance had been received during the next
preceding twenty-four (24) months. In cases where the clothing
allowance previously received by the official or employee concerned was
less than the clothing allowance to which he is entitled for the
subsequent trip, he may be granted the difference.
Sec. 6. Daily allowance and reimbursable limit for
hotel room rate. — Officials and employees who travel abroad under this
Order shall be granted daily allowance and reimbursable hotel room
expense as follows:
Reimbursable
Daily Limit for
Hotel
Category
Allowance
Room Rate
a) Department
Secretaries, Executive
Secretary,
Cabinet
Secretary, Chairmen of
Constitutional Commissions,
and
those of equivalent rank $100 $100
b) Department
Under-
secretaries, Deputy Executive
Secretary, Cabinet Under-
secretary,
Members of
Constitutional Commissions,
and those
of equivalent rank 90
90
c) Assistant
Secretaries,
Chairmen of
governing boards
and the
general managers or
the
managing heads of
government-owned or
controlled corporations, heads
of delegation with full powers,
Directors of bureau-level
offices, Department Regional
Directors, Chiefs of Missions,
Consuls-General, Counsellors,
Chief of
Staff of the Armed
Forces
of the Philippines,
and
other officials of equivalent
rank
80
80
d)
Vice-Chairmen and Members
of
governing boards and
councils,
and the Assistant
General Managers and other
assistant
managing heads of
government-owned or controlled
corporations, Assistant Bureau
Directors,
Bureau Regional
Directors,
other general officers
of the
Armed Forces of the
Philippines, Foreign Service
Officers, and other officials
of equivalent rank 70
70
e) Heads of
primary units and
officials of equivalent rank
60 60
f) All other
employees
50
50
The above allowances for Department Secretaries and officials of
equivalent Cabinet rank shall be in lieu of the $80.00 per day
reasonable expenses authorized under Executive Order (EO) No. 367,
series of 1989.
Daily allowance is intended to cover subsistence, incidental local
transportation expenses, and other miscellaneous/incidental expenses,
like porters fees, tips, and road tolls.
The daily allowance herein provided for shall be granted only for the
duration of the official trip, including travel time which shall be
computed according to the most direct air route, not more than three
(3) days before and three (3) days after the conference or mission
unless otherwise specified in the authority for the trip. Any
additional time extension caused by taking a diverse route shall not be
on government time or expense.
In highly meritorious cases, reimbursement of actual hotel room rate
may be allowed only for Department Secretaries and those officials of
equivalent rank only upon prior approval of the President and is so
specified in the travel authority.
Sec. 7. Representation Expenses. — Philippine
delegations to international conferences/conventions and special
missions may be allowed such reimbursable representation expenses as
shall be absolutely necessary to enable them to uphold the prestige of
the Republic of the Philippines, to represent the country with dignity
and distinction, and to carry out their functions and objectives more
effectively and only upon prior approval of the President.
Representation expenses may be incurred for necessary entertainment,
contributions, flowers, wreaths, and the like, when justified by
circumstances and in conformity with the generally accepted customs,
usages, and practices.
Sec. 8. Applicability to Personnel Posted-Abroad.
— Officials and employees already posted abroad may avail themselves of
the allowances prescribed under this Order when so instructed by their
respective Department Secretaries or those officials of equivalent rank
to travel outside of their country-post of assignment or when on
official travel to countries over which they are duly accredited on a
non-resident basis or to countries over which the post has concurrent
jurisdiction, provided funds therefor are chargeable to the post
allotment and no supplemental budget is requested for the purpose; and
provided further that prior authority is secured from their respective
Department Secretaries and those officials of equivalent rank.
Sec. 9. Submission of Report. — Every official or
employee assigned or authorized to travel abroad under this Order
shall, within thirty (30) days after his return to the country, submit
a report with his recommendations, if any, on the conference or seminar
attended, examination or investigation conducted, or mission
undertaken, to the head of his office, furnishing a copy each thereof
the department head concerned and the Office of the President.
In case of participation in an international conference or convention
in which the Philippines is represented by a delegation, a report of
the delegation shall be submitted to the President of the Philippines
through the Secretary of Foreign Affairs not later than one month after
the closing of the conference or convention. Any member of the
delegation may also submit a supplementary report.
Violation of the provisions of this Section shall subject the official
or employee concerned to disciplinary action.
Sec. 10. Insurance. — Any official or employee
traveling under this Order shall be allowed reimbursement of premiums
for accident insurance, not exceeding TWO HUNDRED THOUSAND PESOS
(P200,000.00), for the duration of his official trip abroad. Under no
circumstances shall premiums on insurance of personal or household
effects belonging to any official or employee on official travel be
charged to government funds.
Sec. 11. Payment of Allowance Differential. —
Where the official or employee traveling abroad is provided by the host
government or institution with per diem, or allowance lower than that
prescribed in this Order, he shall be entitled to the difference
only.
Sec. 12. Chargeability of Expenses. — The expenses
for clothing allowances and other items authorized pursuant to the
provisions of this Order shall, unless otherwise specified, be
chargeable against the appropriations of the office to which the
official or employee concerned belongs, subject to availability of
funds.
Sec. 13. Rendition of Account of Cash Advances. —
Within sixty (60) days after his return to the Philippines, every
official or employee authorized to travel abroad shall render an
account of the cash advances received by him in accordance with
existing applicable rules and regulations and/or such rules and
regulations as may be promulgated by the Commission on Audit for the
purpose. Payment of the salary of any official or employee who fails to
comply with the provisions of this Section shall be suspended until he
complies therewith.
Sec. 14. Implementing Authority. — The Secretary
of Budget and Management shall issue such rules and regulations to
ensure the effective implementation of the provisions of this Order.
Sec. 15. Repealing Clause. — The pertinent
provisions of EO No. 129, series of 1968, EO No. 421, series of 1973,
and EO No. 367, series of 1989, which are inconsistent with the
provision of this Order are hereby revoked/repealed accordingly. Those
that are not inconsistent shall remain in full force and effect.
The Cabinet Resolution of June 11, 1986, concerning the rate of
allowances/travel expenses for official travel abroad is hereby
revoked.
Sec. 16. This Executive Order shall take effect
immediately.
DONE in the City of Manila,
this 26th day of April, in the year of Our Lord, Nineteen Hundred and
Ninety.
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Since 19.07.98.