REPUBLIC ACT NO. 4112 - AN ACT TO
AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SEVEN HUNDRED AND
EIGHT, OTHERWISE KNOWN AS "THE FOREIGN SERVICE ACT OF THE PHILIPPINES",
CONCERNING SALARIES, ALLOWANCES, PER DIEMS, TRAVEL EXPENSES AND
BENEFITS IN THE FOREIGN SERVICE, AND FOR OTHER PURPOSES"
Section 1. Part C., Title II, of Republic Act Numbered Seven
hundred and eight is hereby amended to read as follows:
PART C. — Salaries
"Section 1. Chiefs of Mission. — The President shall, on
the basis of the importance of the post and for salary purposes,
classify into three classes the positions which are to be occupied by
chiefs of mission. The basic salaries of chiefs of mission per annum
shall be as follows:
Class I P18,000.00
Class II 17,000.00
Class III 16,000.00
"Sec. 2. Foreign Affairs Officers. — There shall be
four classes of Foreign Affairs Officers, excluding the class of career
minister. The basic salary of a career minister per annum shall be
fourteen thousand pesos. The basic salaries of Foreign Affairs Officers
per annum within each of the other classes shall be as follows:
Class I P
11,400.00 P11,700.00 P12,000.00
Class II 10,200.00
10,500.00 10,850.00
Class III 9,000.00
9,300.00 9,600.00
Class IV 7,800.00
8,100.00 8,400.00
"Sec. 3. Salaries at which Foreign Affairs Officers
may be appointed:
(a) A person appointed as a Foreign Affairs Officers
of Class IV shall receive a salary at that one of the rates provided
for that class by the preceding section which the Secretary shall,
taking into consideration his age, qualifications and experience,
determine to be appropriate.
(b) A person appointed as a Foreign Affairs Officers
of Class I, II or III shall receive salary at the minimum rate provided
for the class to which he had been appointed.
"Sec. 4. Foreign Service Staff Officers and
employees. — There shall be six classes of Foreign Service staff
officers and employees. The basic salaries of staff officers and
employees per annum shall be as follows:
Class I
P6,900.00 P7,200.00 P7,500.00
Class II 6,000.00
6,300.00 6,600.00
Class III 5,100.00
5,400.00 5,700.00
Class IV 4,200.00
4,500.00 4,800.00
Class V 3,300.00
3,600.00 3,900.00
Class VI 2,400.00
2,700.00 3,000.00
"Sec. 5. Salaries at which Foreign Service Staff
Officers and employees may be appointed. — A person appointed as a
staff officer or employee in Classes I through V, inclusive, shall
receive salary at the minimum rate provided for the class to which he
is appointed except as otherwise provided in this Act.
"Sec. 6. Salaries of alien clerks and employees. —
The salary or compensation of an alien clerk or employee shall be fixed
by the Secretary in accordance with such regulations as he shall
prescribe pursuant to the provisions of this Act, within the limits of
the Appropriation Act, giving due weight to the rank and duties of the
clerk or employee and the prevailing rates of salary at the post.
"Sec. 7. Administrative establishment of salary
differentials. — Whenever the Secretary shall find and declare that
officers and employees in this Act are inadequate for any positions
allocated to any particular class, he may, under such regulations as he
may prescribe with the approval of the President, establish necessary
schedules of differentials in the rates of salary prescribed for such
class but the differentials in salary of a person holding may such
position shall not exceed fifty per centum of the salary he would
otherwise receive. Such differentials shall be granted only with
respect to positions at posts at which extraordinarily difficult living
conditions or excess physical hardships prevail or at which notably
unhealthful conditions exist. The Secretary shall prepare and maintain
a list of such posts."
Sec. 2. Part D, Title II, of the same Act is
hereby amended to read as follows:
"PART D. — Compensation of Officers Temporarily in Charge
"Section 1. As charge d'affaires ad interim. — During
the period that any Foreign Affairs Officer acts as charge d'affairs 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, except the living quarters allowance.
"Sec. 2. As Officer in charge of consular
establishment. — During the time that any Foreign Affairs Officer is
temporarily in charge of a consular establishment 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 of the
principal officer, except the living quarters allowance."
Sec. 3. Subsection (b), Section four, Part B,
Title III, of the same Act is amended to read as follows:
"(b) Career Ministers may serve as Minister-Counselor
or Consul General or both; Foreign Affairs Officers of Class I, as
First Secretary or Consul General or both; of Class II, as Second
Secretary or Consul or both; of Class III, and IV, as Third Secretary
or Vice Consul or both. When serving in the Department, they may be
assigned to positions of comparable importance."
Sec. 4. Section one, Part A, Title VI, of the same
Act is amended to read as follows:
"Section 1. Living quarters allowances. — (a) The
Secretary is authorized, in accordance with such regulations as he may
prescribe with approval of the President, to grant commutable living
quarters allowances to any officer or employee assigned abroad, who is
a citizen of the Philippines. Such allowances may be revised as to
amounts not oftener than once a year by the Secretary with the approval
of the President.
"(b) Living quarters allowances exclusively intended
to enable personnel to meet rentals of suitable quarters, including
utilities and maintenance thereof, and thus live in a manner befitting
their representatives capacities, shall be granted at a per annum rate
and shall be computed and paid monthly beginning with 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 by the Chief of Mission or principal
officer: and, Provided, further, that the equivalent of said allowances
corresponding to the first three months following arrival at post shall
be paid immediately upon its accrual. On transfer from post, allowances
shall cease on the first day of the month, following departure
therefrom.
"(c) Where furnished government-owned or
government-leased quarters are available, no living quarters allowances
shall be paid to persons occupying such quarters: provided, however,
that the cost of utilities, maintenance and minor alterations and
repair, including costs of furniture, fixtures and household equipment
and appliances shall be payable out of appropriations for living
quarters allowances.
"(d) No person may receive allowances for more than
one residence which must be within daily commuting distance of his
post. Allowances shall continue when the payee is detailed by the
Secretary to duty outside his post for a period not to exceed six
months, beginning with the first day of the month, following departure.
"(e) Under such regulations as the Secretary may
prescribe, any officer or employee who is reassigned to the home office
after having served abroad for a period of not less than four years,
shall continue to receive fifty per centum of the corresponding living
quarters allowance, in addition to his basic salary, during the first
year of duty in the home office following his return."
Sec. 5. Section five, Part A, Title VI, of the
same Act is amended to read as follows:
"Sec. 5. Clothing allowances. — The Secretary shall
grant clothing allowances to officers and employees assigned abroad
once every two years in the amounts of one thousand pesos for chiefs of
mission, career ministers, and principal officers; eight hundred pesos
for other Foreign Affairs Officers; and five hundred pesos for Foreign
Service staff officers and employees."
Sec. 6. Section two, Part B, Title VI, of the same
Act is amended to read as follows:
"Sec. 2. Service allowances in lieu of per diems. —
When meals are included in the fare on any carrier, no per diems shall
be allowed but service allowances equal to fifty per centum of the per
diems authorized shall be payable to the traveler."
Sec. 7. Section six, Part D, Title VI, of the same
Act is amended to read as follows:
"Sec. 6. Exemption from taxation. — (a) All
allowances, per diems, benefits, and the like received by officers and
employees of the service in consideration of their service, except
their basic salaries, shall be exempt from the Philippine income tax.
"(b) Any officer or employee returning from a regular
assignment abroad for reassignment to the home office or who dies,
resign 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 motor car duly registered in his name: provided, however,
that this exemption shall apply only to the value of the motor car and
to the aggregate assessed value of said personal and household effects,
the latter not to exceed fifty per centum of the total amount received
by such officer or employee in salary and allowances during his latest
assignment abroad but not to exceed four years: and, provided, further,
that this exemption shall not be availed of oftener than once every
four years."
Sec. 8. Section one, Title VII, of the same Act is
amended to read as follows:
"Section 1. Implementation. — In order to implement the
provisions of this Act, the Secretary shall effect the reorganization
of the Department and the Foreign Service in accordance with the
provisions of this Act and for this purpose he is authorized to reallot
the funds provided for the Department in the General Appropriations Act
for the fiscal year nineteen hundred sixty-four nineteen hundred
sixty-five; provided, however, that any officer receiving the salary
and allowances of a particular class of Foreign Affairs Officer at the
time of the approval of this Act shall continue to receive the salary
and allowances corresponding to the same class under the provisions of
this Act. In addition, the sum of two million five hundred thirty-two
thousand sixty pesos is hereby appropriated out of any unappropriated
funds of the National Treasury to carry out the provisions of this Act,
as amended."
Sec. 9. All Acts, Executive Orders, rules and
regulations or parts thereof which are inconsistent with any of the
provisions of this Act are hereby repealed or amended accordingly.
SECTION 10. This Act shall take effect upon its
approval.
Approved: June 20, 1964
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