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Executive Order No. 156, s. 2013


Published: 2014-01-08

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MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 156

AMENDING EXECUTIVE ORDER NO. 461 (S. 2005) AND ADJUSTING THE OVERSEAS, LIVING QUARTERS, REPRESENTATION, AND FAMILY ALLOWANCES OF FOREIGN SERVICE PERSONNEL

WHEREAS, Section 63 of Republic Act (RA) No. 7157, otherwise known as the “Philippine Foreign Service Act of 1991,” provided for the overseas, living quarters, representation, and family allowances, among others, of foreign service personnel;

WHEREAS, Section 64 of RA 7157 further provides that the President shall approve, upon recommendation of the Secretaries of Foreign Affairs and of Budget and Management, rates, indices, maximum allowable amounts, and policies on allowances which shall be applicable to all national government employees stationed abroad;

WHEREAS, Executive Order (EO) No. 461 (s. 2005) sets the present rates of overseas, living quarters, representation, and family allowances of foreign service personnel;

WHEREAS, a 10% increase in the overseas, living quarters and family allowances for 31 posts was authorized in 2008;

WHEREAS, significant economic changes raised the cost of living abroad; and

WHEREAS, it is necessary for the government to provide, within its financial capability, personnel assigned abroad with adequate means to enable them to represent the country with distinction and dignity.

NOW THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby approve the following rates, rules, and regulations in the payment of allowances to personnel of the National Government in the Foreign Service.

SECTION 1. Base Rates of Overseas Allowance. The annual base rates of Overseas Allowance provided under EO 461 for all Philippine government personnel stationed abroad are hereby amended as follows:

RANK

RATE IN US DOLLARS

FROM

TO

Chief of Mission I

69,599

83,519

Chief of Mission II

60,521

72,625

Career Minister

52,626

63,151

Foreign Service Officer I

45,762

54,914

 

RANK

RATE IN US DOLLARS

FROM

TO

Foreign Service Officer II

41,601

49,921

Foreign Service Officer III

37,819

45,383

Foreign Service Officer IV

34,382

41,258

Foreign Service Staff Officer I

34,382

41,258

Foreign Service Staff Officer II

32,744

39,293

Foreign Service Staff Officer III

31,185

37,422

Foreign Service Staff Officer IV

29,700

35,640

Foreign Service Staff Employee I

27,000

32,400

Foreign Service Staff Employee II

25,714

30,857

Foreign Service Staff Employee III

24,490

29,388

Section 2. Indices of Overseas Allowance. The Overseas Allowance indices provided under EO 461 are hereby revised and the newly proposed posts are also given an index as follows:

INDEX

COUNTRY/POST

FROM

TO

Argentina – Buenos Aires

82

83

Australia – Canberra

90

103

Australia – Sydney

90

103

Austria – Vienna

96

100

Bahrain – Manama

91

90

Bangladesh – Dhaka

77

85

Belgium – Brussels

94

100

Brazil – Brasilia

82

96

Brunei – Bandar Seri Begawan

75

86

Cambodia – Phnom Penh

75

83

Canada – Ottawa

91

91

Canada – Toronto

93

95

Canada – Vancouver

91

93

Chile – Santiago

82

89

China – Beijing

89

96

China – Chongqing

–

95

China – Guangzhou

89

95

China – Hong Kong

100

100

China – Macau

–

96

China – Shanghai

89

96

China – Xiamen

89

91

Czech Republic – Prague

90

88

Egypt – Cairo

76

84

France – Paris

98

102

Germany – Berlin

98

94

Greece – Athens

89

88

Hungary – Budapest

92

88

India – New Delhi

79

85

Indonesia – Jakarta

81

88

Indonesia – Manado

70

70

Iran – Tehran

83

80

Iraq – Baghdad

84

92

Israel – Tel Aviv

90

91

COUNTRY/POST

INDEX

FROM

TO

Italy – Milan

96

99

Italy – Rome

96

99

Japan – Osaka

128

123

Japan – Tokyo

128

123

Jordan – Amman

77

88

Kenya – Nairobi

78

86

Kuwait – Kuwait

81

88

Laos – Vientiane

80

91

Lebanon – Beirut

90

92

Libya – Tripoli

82

81

Malaysia – Kuala Lumpur

75

86

Mexico – Mexico City

85

93

Myanmar – Yangon

83

91

Netherlands – The Hague

93

95

New Zealand – Wellington

90

105

Nigeria – Abuja

93

102

Norway – Oslo

105

113

Oman – Muscat

81

86

Pakistan – Islamabad

80

85

Papua New Guinea – Port Moresby

88

98

Poland – Warsaw

85

86

Portugal – Lisbon

87

94

Qatar – Doha

79

90

Russia – Moscow

95

110

Saudi Arabia – Jeddah

86

85

Saudi Arabia – Riyadh

86

90

Singapore – Singapore

80

93

South Africa – Pretoria

92

85

South Korea – Seoul

107

98

Spain – Madrid

94

93

Switzerland – Berne

107

103

Switzerland – Geneva

107

114

Syria – Damascus

–

89

Thailand – Bangkok

77

89

Timor Leste – Dili

89

94

Turkey – Ankara

86

94

United Arab Emirates – Abu Dhabi

86

94

United Arab Emirates – Dubai

86

90

United Kingdom – London

100

105

United States of America – Agana

100

102

United States of America – Chicago

100

98

United States of America – Honolulu

100

102

United States of America – Los Angeles

100

95

United States of America – New York

100

100

United States of America – San Francisco

100

98

United States of America – Washington D.C.

100

94

Vatican – Holy See

96

99

Vietnam – Hanoi

79

83

SECTION 3. Rules Governing Overseas Allowance. The following are the rules governing the grant of Overseas Allowance:

a. The grant of Overseas Allowance shall be in accordance with the provisions of Section 66 of RA 7157;

b. Husband and wife who are assigned in the same post shall be entitled to separate Overseas Allowances corresponding to their respective ranks;

c. In instances where the adjusted amount of Overseas Allowance is lower than the amount currently received, the new rate and index shall be applied prospectively. The personnel concerned shall continue to receive their present Overseas Allowance for the duration of the tour of duty at the post;

d. Hardship posts, as may be determined by the Secretary of Foreign Affairs, shall receive an additional five percent (5%) increase in their Overseas Allowance to meet other expenses brought about by dangerous, unhealthy, or excessively adverse living conditions prevailing at post, subject to the availability of funds; and

e. Foreign Service personnel assigned abroad who are detailed to another post shall, for the duration of the detail, be entitled to the Overseas Allowance index of the post where they are temporarily assigned.

SECTION 4. Base Rates of Living Quarters Allowance. The annual base rates of Living Quarters Allowance provided under EO 461 for all Philippine government personnel stationed abroad are hereby amended as follows:

 

RATE IN US DOLLARS

RANK

WITH FAMILY

WITHOUT FAMILY

 

FROM

TO

FROM

TO

Chief of Mission I

42,871

60,134

35,041

50,112

Chief of Mission II

35,723

52,286

29,199

43,574

Career Minister

31,064

45,475

25,394

37,894

Foreign Service Officer I

28,244

39,542

23,080

32,947

Foreign Service Officer II

25,674

35,942

20,986

29,952

Foreign Service Officer III

23,341

32,674

19,079

27,230

Foreign Service Officer IV

21,218

29,707

17,342

24,754

Foreign Service Staff Officer I

21,218

29,707

17,342

24,754

Foreign Service Staff Officer II

19,288

28,282

16,518

23,573

Foreign Service Staff Officer III

18,371

26,942

15,731

22,457

Foreign Service Staff Officer IV

17,496

25,661

14,980

21,384

Foreign Service Staff Employee I

15,868

23,328

13,588

19,440

Foreign Service Staff Employee II

15,868

23,328

13,588

19,440

Foreign Service Staff Employee III

15,868

23,328

13,588

19,440

SECTION 5. Indices of Living Quarters Allowance. The Living Quarters Allowance indices provided under EO 461 are hereby revised and the newly opened posts are each given an index as follows:

COUNTRY/POST

INDEX

FROM

TO

Argentina – Buenos Aires

90

75

Australia – Canberra

97

85

Australia – Sydney

100

87

Austria – Vienna

130

107

Bahrain – Manama

100

82

Bangladesh – Dhaka

65

61

Belgium – Brussels

130

107

Brazil – Brasilia

110

91

Brunei – Bandar Seri Begawan

95

75

Cambodia – Phnom Penh

90

73

Canada – Ottawa

102

85

Canada – Toronto

102

87

Canada – Vancouver

102

87

Chile – Santiago

90

75

China – Beijing

95

85

China – Chongqing

–

85

China – Guangzhou

100

85

China – Hong Kong

115

102

China – Macau

–

90

China – Shanghai

100

93

China – Xiamen

95

75

Czech Republic – Prague

130

107

Egypt – Cairo

95

77

France – Paris

130

107

Germany – Berlin

130

107

Greece – Athens

130

107

Hungary – Budapest

130

107

India – New Delhi

70

65

Indonesia – Jakarta

95

78

Indonesia – Manado

70

55

Iran – Tehran

95

77

Iraq – Baghdad

100

80

Israel – Tel Aviv

125

98

Italy – Milan

130

107

Italy – Rome

130

107

Japan – Osaka

150

124

Japan – Tokyo

150

128

Jordan – Amman

100

80

Kenya – Nairobi

90

74

Kuwait – Kuwait

100

82

Laos – Vientiane

70

65

Lebanon – Beirut

125

98

Libya – Tripoli

100

79

Malaysia – Kuala Lumpur

90

75

Mexico – Mexico

115

90

Myanmar – Yangon

70

66

Netherlands – The Hague

130

107

New Zealand – Wellington

115

95

Nigeria – Abuja

90

82

Norway – Oslo

130

107

 

COUNTRY/POST

INDEX

 

FROM

TO

Oman – Muscat

100

80

Pakistan – Islamabad

70

64

Papua New Guinea – Port Moresby

115

101

Poland – Warsaw

130

103

Portugal – Lisbon

130

103

Qatar – Doha

100

86

Russia – Moscow

130

107

Saudi Arabia – Jeddah

100

80

Saudi Arabia – Riyadh

100

82

Singapore – Singapore

100

92

South Africa – Pretoria

100

79

South Korea – Seoul

125

102

Spain – Madrid

130

107

Switzerland – Berne

130

107

Switzerland – Geneva

130

109

Syria – Damascus

–

98

Thailand – Bangkok

95

80

Timor Leste – Dili

100

83

Turkey – Ankara

110

91

United Arab Emirates – Abu Dhabi

100

88

United Arab Emirates – Dubai

100

90

United Kingdom – London

130

107

United States of America – Agana

100

95

United States of America – Chicago

100

98

United States of America – Honolulu

110

98

United States of America – Los Angeles

100

95

United States of America – New York

100

100

United States of America – San Francisco

100

98

United States of America – Washington DC

100

90

Vatican – Holy See

130

107

Vietnam – Hanoi

70

63

SECTION 6. Rules Governing Living Quarters Allowance. The following are the rules governing the grant of Living Quarters Allowance:

a. The grant of Living Quarters Allowance shall be in accordance with the provisions of Section 65 of RA 7157;

b. In instances where the adjusted amount of Living Quarters Allowance is lower than the amount currently received, the new rate and index shall be applied prospectively. The personnel concerned shall continue to receive their present Living Quarters Allowance for the duration of the tour of duty at the post;

c. For purposes of this allowance, personnel who are living at post of assignment with the spouse or at least one (1) qualified dependent child who is not over 18 years of age shall be considered with family;

d. 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;

e. Payment of the allowance shall be made strictly on the basis of actual status at the post;

f. Those whose dependents have temporarily left their residence at post shall retain their “with family” status; provided, that for the duration of their absence, the personnel concerned shall not move to a cheaper or smaller lodging; provided, further, that their absence at any one time shall not exceed three (3) months; provided, finally, that the dependents have not established residence elsewhere. Gainful employment outside of post is an indication of having changed residence;

g. 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 Living Quarters Allowance while the other spouse shall be considered as dependent for purposes of family status;

h. Section 6 (g) above also applies to husband and wife who are assigned to two (2) different posts, as follows:

i. Philippine Embassy Jakarta and the Philippine Mission to ASEAN Jakarta;

ii. Philippine Consulate General New York and the Philippine Mission to the United Nations New York;

iii. Philippine Embassy Rome and the Philippine Embassy Vatican;

iv. Philippine Mission to the United Nations and Other International Organizations Geneva and the Philippine Permanent Mission to the World Trade Organization Geneva; and

v. All other similar posts that may subsequently be opened.

i. In cases where two (2) or more foreign service personnel are constrained to rent one (1) apartment or housing unit jointly, due to acute housing shortage, prohibitive rental cost, or other circumstances, 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;

j. 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 unit, advance payment of the 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 Post which should invariably contain a diplomatic clause; 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, subject however to the condition that in case of force majeure whereby the unexpired portion is not refunded, the claimant shall not be held accountable;

k. 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, or by customary business practice, to rent a house or apartment unit through an agent and pay the corresponding real estate agent’s fee or commission upon signing of the lease contract, payment of the above may be authorized, chargeable against the account of the Department concerned; provided, that the Head of Post shall certify in the pertinent cash voucher that such payments are required by the host government or customary at the post and not refunded by the owner to the lessee; provided, further, that any key money and/or real estate agent’s fee or commission that may be required upon renewal of the lease contract shall likewise be chargeable against the account of the Department concerned;

l. In lieu of commutable Living Quarters Allowance, payment of actual rental of quarters occupied by the Head of Post may be authorized, subject to the availability of funds and as may be warranted by the housing situation in the post of assignment;

m. Payment of utilities shall be in accordance with regulations as may be prescribed by the Secretary of Foreign Affairs;

n. The grant of Living Quarters Allowance is intended to accord foreign service personnel proper representation in the host country and not to augment salary;

o. In every case, the use of the allowance shall be in accordance with the purpose for which it has been authorized by law; and

p. In all cases, the grant of commutable Living Quarters Allowance to all foreign service personnel, or its authorized equivalent such as, but not limited to, payment of actual rental of quarters and utilities, shall be subject to regulations as may be prescribed by the Secretary of Foreign Affairs, provided that the allowance shall not exceed the rates authorized herein.

SECTION 7. Classification of Posts for the Representation Allowance. Philippine foreign service posts are categorized into high, medium and low cost posts, as follows:

a. High Cost Posts. High Cost Posts have an Overseas Allowance index of 98 and above;

b. Medium Cost Posts. Medium Cost Posts have an Overseas Allowance index of 90 to 97; and

c. Low Cost Posts. Low Cost Posts have an Overseas Allowance index of 89 and below.

SECTION 8. Rates of Representation Allowance. The Representation Allowance per annum shall be granted in accordance with the provisions of Section 70 of RA 7157, as follows:

RATE IN US DOLLARS

FROM

TO

a. HIGH COST POSTS

Chief of Mission (not Head of Post)

6,000

7,200

Career Minister

4,500

5,400

Foreign Service Officer I

3,600

4,320

Foreign Service Officer II

2,700

3,240

Foreign Service Officer III

1,800

2,160

Foreign Service Officer IV

1,800

2,160

Foreign Service Staff Officer I

1,440

1,728

Others duly authorized by the Secretary

1,440

1,728

b. MEDIUM COST POSTS

Chief of Mission (not Head of Post)

3,600

4,320

Career Minister

3,600

4,320

Foreign Service Officer I

2,880

3,456

Foreign Service Officer II

2,160

2,592

Foreign Service Officer III

1,440

1,728

Foreign Service Officer IV

1,440

1,728

Foreign Service Staff Officer I

1,080

1,296

Others duly authorized by the Secretary

1,080

1,296

c. LOW COST POSTS

Chief of Mission (not Head of Post)

2,700

3,240

Career Minister

2,700

3,240

Foreign Service Officer I

2,100

2,520

Foreign Service Officer II

1,620

1,944

Foreign Service Officer III

1,080

1,296

Foreign Service Officer IV

1,080

1,296

Foreign Service Staff Officer I

900

1,080

Others duly authorized by the Secretary

900

1,080

In instances where the adjusted amount of Representation Allowance is lower than the amount currently received, the new rate and index shall be applied prospectively. The personnel concerned shall continue to receive their present rate of Representation Allowance for the duration of the tour of duty at the post.

SECTION 9. Family Allowance. The following are the rules governing the grant of Family Allowance:

a. Officers or employees, except foreign, casual, or contractual employees, assigned abroad and whose families reside with them at the post of assignment, are entitled to commutable family allowance, as follows:

i. US $250.00 monthly for the unemployed dependent spouse; and

ii. US $150.00 monthly for each dependent child not exceeding three (3) in number.

b. For this purpose, a dependent child shall mean legitimate, illegitimate, legitimated, or legally adopted child who is not over eighteen (18) years, unmarried, not gainfully employed, and living with the officer or employee at the post of assignment.

c. Unmarried children, regardless of age, who are mentally or physically handicapped as attested by a medical certificate, incapable of supporting themselves, and living with the officer or employee abroad, shall be considered, for this purpose, as dependents.

d. Subject to the prior approval of the Department Head concerned, full Family Allowance may be paid to claimants whose dependent does not live with them at the post of assignment under any of the following circumstances:

i. They are compelled to live alone due to dangerous, notably unhealthy or excessively adverse living conditions, or by any other unavoidable circumstances like lack of appropriate/reasonable educational facilities for their children; or

ii. For the convenience of the Government, they must live alone without any or all the members of his/her family at the 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.

SECTION 10. Mode of Payment. Effective upon full implementation of this Order, payment of the foregoing allowances may be made either in US dollars or in the local currency computed at the prevailing market rate.

SECTION 11. Adjustment of Rates. The allowances covered herein may be comprehensively reviewed and adjusted every two (2) years by the Secretaries of Foreign Affairs and Budget and Management, upon approval by the President, to respond to substantial changes in the economic climate, subject to availability of funds.

In dire economic situations, such as sudden foreign exchange fluctuations and a surge in inflation rates, stop-gap adjustments may be recommended by the Secretaries of Foreign Affairs and Budget and Management, on a per post basis, for approval of the President, subject to the availability of funds.

In case of a newly opened post which is not included in this Order, the rates/indices/classification of the nearest post in terms of economic conditions thereat shall apply, pending Executive approval of an appropriate index for the post.

SECTION 12. Tax Exemption. All allowances, per diems, benefits received by officers and employees in consideration of their services while on assignment abroad, except their basic salaries, shall be exempt from Philippine income tax.

SECTION 13. Funding. For the initial year of implementation, the amount needed to cover the foregoing adjustments in the allowances of foreign service personnel stationed abroad shall be taken from agency savings and/or the Miscellaneous Personnel Benefits Fund (MPBF). Thereafter, such amounts as may be necessary shall be incorporated in the budget of the Department or the agency concerned.

SECTION 14. Implementing Rules and Regulations (IRR). The Secretary of Foreign Affairs shall issue the IRR for the implementation of this Order.

SECTION 15. Repeal. This Order supersedes EO 461. All other issuances, orders, rules and regulations, or parts thereof, which are inconsistent with this Order are hereby repealed, amended or modified accordingly.

SECTION 16. Separability Clause. If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 17. Effectivity. This Order shall take effect upon publication in a newspaper of general circulation. Starting 01 July 2013, the allowances covered under this Order shall be computed using the rates prescribed herein.

DONE in the City of Manila this 23rd day of December, in the year of our Lord, Two Thousand and Thirteen.

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary

Source: Malacañang Records Office

Office of the President of the Philippines. (2013). [Executive Order]. Manila : Malacañang Records Office.