EXECUTIVE ORDER NO. 101 - REVISING THE COMPENSATION PLAN OF THE FOREIGN SERVICE OF THE PHILIPPINES

WHEREAS, Presidential Decree No. 1285 establishes the system of compensation standards and policies for personnel of the Philippine Government who are stationed abroad;

WHEREAS, Executive Order No. 495 establishes the rules and regulations implemented by Letter of Implementation No. 63 to be observed in the payment of compensation for personnel of the National Government who are stationed abroad;

WHEREAS, the latest adjustment of indices on overseas and living quarters allowances was made on 27 August 1981, or almost twelve (12) years ago;  

WHEREAS, Executive Order No. 394 was issued on 15 February 1990 only as an interim measure to adjust the basis annual rates of overseas and living quarters allowances;

WHEREAS, Republic Act No. 7157, otherwise known as the Philippines Foreign Service Act of 1991, was passed to strengthen the capability of the Philippine Foreign Service and provide reasonable salaries, allowances and other benefits to Foreign Service personnel;

WHEREAS, the cost of living abroad has increased due to drastic changes in foreign currency conversion rates as well as extra-ordinary and necessary expenses not otherwise compensated for but which are incurred by officers and employees in the foreign service;

WHEREAS, it is necessary to provide government personnel assigned abroad with a fairly adequate means within the government’s financial capability to enable them to live in a manner benefitting their representative capacities so as to ably represent the country with distinction and dignity and to uphold the prestige of the Republic;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby approve the following rates, rules and regulations to be observed in the payment of compensation to personnel of the National Government to the Philippine Foreign Service.

Section 1.0 Overseas Allowance. —

1.1 The basic annual rates of overseas allowance provided for under Section 1 of Executive Order No. 394 for all Philippine government personnel stationed abroad shall be amended as follows: 

RATE
RANK IN US DOLLARS

Chief of Mission From   To

Head of Diplomatic
  Mission    21,375  43,39
Others, including
Consul General 18,988 37,731
Career Minister   15,624 32,809
Foreign Service Officer
Class I    13,547 28,530
Class II    12,042 25,936
Class III 9,923 23,578
Class IV 8,697 21,435
Foreign Service Staff Officer
Class I —  21,435
Class II    8,225 20,414
Class III   7,461 19,442
Class IV 6,580 18,516
Foreign Service Staff Employee
  Class I     6,113 16,833
  Class II 5,310 18,031
  Class III     4,631 15,268

1.2 The overseas allowance indices provided for under Executive Order No. 723 are hereby revised and the newly opened posts are given an index as follows:  

PERCENTAGE
COUNTRY/POST   FROM TO

Argentina Buenos Aires     235 116
Australia Canberra 180   106

Melbourne    180 106
Sydney 180   106

Ottawa  160     95
Toronto   160     95
Vancouver     160   95
Winnipeg     160    95

Bonn 245  128
Hamburg     245   128

Geneva    270     142

Thailand  Bangkok 160     91
Turkey  Ankara     113
U.A.E.   Abu Dhabi   245   113
United Kingdom London 240 136
U.S.A. Agana   155 102

Chicago  180    97
   Honolulu    175  110
  Los Angeles 160     95
   New Orleans   160 93
  New York   175 100
   San Diego   93
   San Francisco   160 93
  Seattle   160 96
   Washington, D.C.   175     96

Vatican   Holy See 190 136
Vietnam  Hanoi   140 84
Yugoslavia Belgrade    170     92

a) That the cost of living at 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;

b) That extraordinary and necessary expenses not otherwise compensated for are incurred by an officer or employee of the Foreign Service incident to his assignment in the post; and

c) That an allowance is necessary to assist an officer or employee of the Foreign Service who is compelled to stay in his post of assignment in spite of dangerous, notably unhealthy or excessively adverse living conditions prevailing at his post or for the convenience of the government to meet the additional expenses of maintaining an assignment.

1.4. Hardship posts as determined by the Secretary shall receive an additional five per cent (5%) increase in their overseas allowance to meet other expenses brought about by dangerous, unhealthy or excessive adverse living condition prevailing at the post.

1.5. Husband and wife who are assigned in the same post shall be entitled to a separate allowance with index corresponding to their respective ranks.

Sec. 2.0 Living Quarters Allowance. —

2.1 The basic annual rates of living quarters allowance provided for under Sec. 2 of Executive Order No. 394 for all Philippine Government personnel stationed abroad shall be amended as follows:  

  RATE
  N US DOLLARS
WITH WITHOUT
    Family   Family
  From To    From To

Chief of Mission
Head of Diplomatic
Mission 12,941 33,934 10,345 27,777
Others, including
Consul General  10,482 28,318   8,621 23,146
Career Minister   7,644 24,625 6,513 20,130
Foreign Service
Officer
Class I 6,786 22,389 5,734 18,296
Class II     6,422 20,352  5,404 16,636
Class III   5,538 18,503 4,602 15,124
Class IV   5,031 16,820  4,142 13,747
Foreign Service
Staff Officer
Class I   —   16,820 —   13,747
Class II 4,740 15,920   3,922 13,094
Class III    4,463 14,563 3,661 12,470
Class IV     4,209 13,869  3,425 11,875
Foreign Service
Staff employee
Class I 3,926 12,579  3,056 10,771
Class II     3,926 12,579  3,056 10,771
  Class III    3,926 12,579    3,056 10,771

2.2. The living quarters allowance indices provided for under Executive Order No. 723 are hereby revised and the newly opened posts are also given an index as follows:  

PERCENTAGE
COUNTRY/POST FROM TO

Argentina Buenos Aires  250   85
Australia Canberra    180   95
  Melbourne   180 100
  Sydney   180 100
Austria Vienna   220 120
Bahrain  Manama 250   98
Bangladesh Dhaka 110   55
Belgium   Brussels    220 120
Brazil   Brasilia    230 105
Brunei   Bandar Seri
  Begawan   85
Canada  Montreal 170 100

Ottawa    170 100
Toronto 170 102
Vancouver   170 100
Winnipeg 100

Bonn   240 120
Hamburg   240 120

  Tokyo     270   145

Jordan     Amman 350    98
Kenya   Nairobi   170     78
Kuwait  Kuwait City 350     98
Libya   Tripoli 350 98
Malaysia    Kuala Lumpur   155     85
Mexico Mexico City   200 110
Micronesia Pohnpei    100
Morocco Rabat    220   95
Myanmar     Yangon   100   60
Netherlands  The Hague    220  110
New Zealand Wellington    170 112
Nigeria   Lagos    160    70
Oman Muscat 98
Pakistan     Islamabad 130   60
Papua New
Guinea   Port Moresby 160 110
Peru   Lima   78
Poland  Warsaw     160    85
Qatar  Doha   98
Romania Bucharest 160   95
Russia   Moscow  200   95
Saudi Arabia     Jeddah 350    95
   Riyadh 350  95
Senegal    Dakar    250 120
Singapore     Singapore    200   100
South Korea Seoul 160 120
Spain Madrid    200 120
   Barcelona    120
Sri Lanka Colombo    120    60
Sweden   Stockholm 220 120
Switzerland Berne    240 120
  Geneva   240     120
Thailand  Bangkok   12   85
Turkey    Ankara 100
U.A.E.   Abu Dhabi    350 98
United Kingdom London   240 120
U.S.A.   Agana  160 100

Chicago     200 100
Honolulu    190 110
Houston     190   90
Los Angeles 190   95
New Orleans 185   90
New York 200 100
San Diego 90
San Francisco     190   95
Seattl 190   95
Washington, D.C.  200 100

Vatican   Holy See   190 120
Vietnam Hanoi   130   60
Yugoslavia Belgrade    180   95

2.3. The granting of living quarters allowance shall be in accordance with the provisions of Sec. 65 of R.A. 7157 and the subsequent sections and that nobody shall suffer a reduction as a result of this adjustment; PROVIDED, That there shall be a minimum increase of $240 per annum.  

2.4. For purposes of this allowance, personnel who are married and living at the post of assignment with the spouse or at least one (1) dependent child shall be considered with family, while those who are single, widow/widower or legally separated shall be without family. A widow/widower or legally separated person with at least one (1) dependent child at the post shall be considered with family. 

Unmarried children who are mentally or physically handicapped as attested to by a medical certificate, incapable of supporting themselves, and living with the officer or employee abroad shall be considered, for this purpose, regardless of age, as dependents. Payment of the allowance shall be made strictly on the basis of actual status of the post. 

2.5 In the case of husband and wife who are both assigned in one (1) post, only the spouse with the higher rank shall be entitled to the allowance with index and, for purposes of family statues under Sec. 2.4, hereof, the other spouse shall be considered as dependent.

2.6 In case, where, because of acute housing shortage, prohibitive rental cost or other circumstances, two (2) or more Foreign Service personnel are constrained to rent one (1) apartment or housing unit jointly, the claimants shall be entitled to their respective allowances; Provided, That the head of post shall certify in the claim voucher that their individual allowance is insufficient to cover the rental of one (1) apartment or housing unit at the post.

2.7 In posts where there is a standard practice among landlords to require advance rental or deposit equivalent to at least six (6) months to one (1) year rental of the unit, payment of advance living quarters allowance sufficient to cover the required amount may be authorized: Provided, That the advance rental shall be paid directly to the landlord by the post: Provided, further, That the claimant shall submit to the Home Office a copy of the pertinent contract of lease duly certified by the head of the post: Provided, finally, That, in case of recall, reassignment or for any other reason, the unexpired portion of the amount paid shall be duly refunded to the post.  

2.8 In places where the new lessees are invariably required at the outset to pay key money for goodwill and in places where lessees are required by the host government to rent a house or apartment unit through an agent and pay the corresponding real agent’s fee or commission upon signing of the lease contract, including renewal thereof, payment of the above may be authorized, chargeable against the account of the Department: Provided, That the head of post shall certify in the pertinent cash voucher that such payments are customary at the post and not refunded by the owner to the lessee.

2.9 In lieu of commutable living quarters allowance, payment of actual rental of quarters occupied by the head of post may be authorized, subject to availability of funds and as may be warranted by the housing situation in the post of assignment. Payment of the utilities and other related expenses shall, however, be for the personal account of the head of post concerned.

Sec. 3.0 Post Allowance. —

3.1 The allowance shall be granted in accordance with the provisions of Sec. 69 of R.A. 7157.

Sec. 4.0 Representation Allowance. —

4.1 The allowance shall be granted in accordance with the provisions of Sec. 70 of R.A. 7157.

4.2 Philippine Foreign service establishments are categorized into high, medium and low cost posts, as follows:  

A. High Cost Posts

Barcelona, Berlin, Berne, Bonn, Brussels, Dakar, Geneva, Hamburg, Honolulu, Kobe, Lagos, Libreville, London, Madrid, Moscow, Paris, Rome, Seoul, Stockholm, Tel-Aviv, The Hague, Tokyo, Holy See and Vienna.

B. Medium Cost Posts

Abu Dhabi, Agana, Amman, Ankara, Athens, Baghdad, Buenos Aires, Canberra, Chicago, Doha, Havana, Hongkong, Jeddah, Kuwait, Manama, Melbourne, Muscat, New York, Pohnpei, Port Moresby, Rabat, Riyadh, Saipan, Santiago, Singapore, Sydney, Teheran, Tripoli.

C. Low Cost Posts

Bandar, Seri Begawan, Bangkok, Beijing, Belgrade, Brasilia, Bucharest, Budapest, Cairo, Colombo, Dhaka, Hanoi, Houston, Islamabad, Jakarta, Kuala Lumpur, Lima, Los Angeles, Menado, Mexico City, Montreal, Nairobi, New Delhi, New Orleans, Ottawa, San Diego, San Francisco, Seattle, Toronto, Vancouver, Warsaw, Washington, Winnipeg, and Yangon.

Sec. 5.0 Adjustments of Rates. —

5.1 The allowances prescribed hereto for overseas and living quarters may be adjusted once a year by the Secretary of Foreign Affairs and the Secretary of Budget and Management, upon approval of the Office of the President, to respond to sudden Foreign exchange rate fluctuations and in price levels as a stop-gap measure and pending the establishment of new and revised rates, subject to the availability of funds.

5.2 In the case of newly opened post not included in this Executive Order, the index of the closest post shall apply pending approval of an appropriate index for that particular post.

Sec. 6.0 Exemption from Taxation. —

6.1 All allowances, per diem, benefits and the like received by officers and employees of the Foreign Service in consideration of their service while on assignment abroad, except their basic salaries, shall be except from Philippine income tax.

Sec. 7.0 Funding Requirements. —

7.1 The amount needed to cover the adjustments of foreign service compensations of personnel stationed abroad shall be taken from the appropriations for allowances and from whatever savings realized by the department or agency concerned during FY 1993. Thereafter, such amounts as may be necessary shall be included in the budget proposal of the department or by the agency concerned.

Sec. 8.0 Supplementary Rules and Regulations. —

8.1 The supplementary rules and regulations to implement this Executive Order shall be issued by the Secretary of Foreign Affairs.  

Sec. 9.0 Separability Clause. —

9.1 If any section or any part of this Executive Order shall be declared unconstitutional by competent authority, the remaining sections or parts thereof shall not thereby be affected.  

Sec. 10.0 Repealing Clause. —

10.1 All Orders, Letters of Implementation, rules and regulations or parts thereof which are inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly.

Sec. 11.0 Effectivity Date. —

11.1 This Order shall take effect immediately.

Since 19.07.98.