MALACAÃANG
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 461
REVISING FURTHER THE COMPENSATION PLAN OF THE FOREIGN SERVICE OF THE PHILIPPINES
WHEREAS, Republic Act No. 7157, otherwise known as the Philippine Foreign Service Act of 1991, provides that the President shall approve, upon recommendation of the Secretary of Foreign Affairs and the Secretary of Budget and Management, the rates, indices and maximum allowable amounts and policies on allowances which shall be applicable to all national government employees stationed abroad pursuant to the Foreign Service Compensation Decree;
WHEREAS, Executive Order No. 101, dated 15 June 1993, provides for the revision of the Compensation Plan of the Foreign Service of the Philippines;
WHEREAS, no adjustment has ever been made since the issuance of said Executive Order;
WHEREAS, since that time, there have been significant changes in the economic scenario which have resulted in a general increase in the cost of living abroad;
WHEREAS, it is necessary for government to provide, within its financial capability, personnel assigned abroad with a fairly adequate means to enable them to live in a manner befitting their representative capacity so as to ably represent the country with distinction and dignity;
NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Republic 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 in the 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. 101 for all Philippine Government personnel stationed abroad are hereby amended as follows:
RANK
RATE
IN US DOLLARS
From
To
Chief of Mission
Head of Diplomatic Post
43,391
69,599
Others, including Consul General
37,731
60,521
Career Minister
32,809
52,626
Foreign Service Officer
Class I
28,530
45,762
Class II
25,936
41,601
Class III
23,578
37,819
Class IV
21,435
34,382
Foreign Service Staff Officer
Class I
21,435
34,382
Class II
20,414
32,744
Class III
19,442
31,185
Class IV
18,516
29,700
Foreign Service Staff Employee
Class I
16,833
27,000
Class II
16,031
25,714
Class III
15,268
24,490
1.2 The overseas allowance indices provided for under Section 1.2 and Section 5.2 of Executive Order No. 101 are hereby revised and the newly proposed posts are also given an index as follows:
COUNTRY/POST
PERCENTAGE
From
To
Argentina
Buenos Aires
116
82
Australia
Canberra
106
90
Melbourne
106
90
Sydney
106
90
Austria
Vienna
130
96
Bahrain
Manama
113
91
Bangladesh
Dhaka
90
77
Belgium
Brussels
128
94
Brazil
Brasilia
93
82
Brunei
Bandar Seri Begawan
90
75
Cambodia
Phnom Penh
91
75
Canada
Montreal
95
93
Ottawa
95
91
Toronto
95
93
Vancouver
95
91
Winnipeg
95
91
Chile
Santiago
93
82
China
Beijing
92
89
Guangzhou
92
89
Hong Kong SAR
98
100
Shanghai
92
89
Xiamen
92
89
CNMI
Saipan
102
86
Cuba
Havana
112
85
Czech Republic
Prague
89
90
Egypt
Cairo
92
76
France
Paris
128
98
Gabon
Libreville
140
93
Germany
Berlin
128
98
Bonn
128
93
Hamburg
128
92
Greece
Athens
112
89
Hungary
Budapest
89
92
India
New Delhi
84
79
Indonesia
Jakarta
101
81
Manado
67
70
Iran
Tehran
100
83
Iraq
Baghdad
113
84
Ireland
Dublin
—
95
Israel
Tel-Aviv
130
90
Italy
Milan
136
96
Rome
136
96
Japan
Osaka
162
128
Tokyo
162
128
Jordan
Amman
113
77
Kenya
Nairobi
93
78
Kuwait
Kuwait City
113
81
Laos
Vientiane
91
80
Lebanon
Beirut
130
90
Libya
Tripoli
113
82
Malaysia
Kuala Lumpur
91
75
Mexico
Mexico City
93
85
Micronesia
Pohnpei
102
86
Myanmar
Yangon
82
83
Morocco
Rabat
115
83
Netherlands
The Hague
128
93
New Zealand
Wellington
110
90
Nigeria
Abuja
130
93
Norway
Oslo
—
105
Oman
Muscat
113
81
Pakistan
Islamabad
89
80
Palau
Koror
102
86
Papua New Guinea
Port Moresby
102
88
Peru
Lima
93
78
Poland
Warsaw
89
85
Portugal
Lisbon
—
87
Qatar
Doha
113
79
Romania
Bucharest
89
81
Russia
Moscow
130
95
Saudi Arabia
Jeddah
113
86
Riyadh
113
86
Senegal
Dakar
131
91
Singapore
Singapore
98
80
South Africa
Pretoria
105
92
South Korea
Seoul
108
107
Spain
Barcelona
128
94
Madrid
128
94
Sri Lanka
Colombo
82
77
Sweden
Stockholm
142
99
Switzerland
Berne
142
107
Geneva
142
107
Thailand
Bangkok
91
77
Timor-Leste
Dili
101
89
Turkey
Ankara
113
86
U.A.E.
Abu Dhabi
113
86
Dubai
—
86
United Kingdom
London
136
100
U.S.A.
Agana
102
100
Chicago
97
100
Honolulu
110
100
Houston
94
100
Los Angeles
95
100
New Orleans
93
100
New York
100
100
San Diego
93
100
San Francisco
93
100
Seattle
96
100
Washington, D.C.
96
100
Vatican
Holy See
136
96
Venezuela
Caracas
93
82
Vietnam
Hanoi
84
79
1.3 Husband and wife who are assigned in the same post shall be entitled to a separate allowance with index corresponding to their respective ranks.
1.4 The granting of overseas allowance shall be in accordance with the provisions of Section 66 of R.A. 7157 and subject to the condition that nobody shall suffer a reduction as a result of these new rates. In case of reduction, the rates shall apply prospectively and the personnel concerned shall continue to receive their present overseas allowance for the duration of their tour of duty at the post.
1.5 Hardship posts as may be determined by the Secretary 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.
1.6 Foreign Service personnel assigned abroad, including Chiefs of Mission, 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 2.0 LIVING QUARTERS ALLOWANCE
2.1 The basic annul rates of living quarters allowance provided for under Section 2 of Executive Order No. 101 for all Philippine Government personnel stationed abroad are hereby amended as follows:
RANK
RATE
IN US DOLLARS
With Family
Without Family
From
To
From
To
Chief of Mission
Head of Diplomatic Post
33,984
42,871
27,777
35,041
Others including Consul General
28,318
35,723
23,146
29,199
Career Minister
24,625
31,064
20,130
25,394
Foreign Service Officer
Class I
22,389
28,244
18,296
23,080
Class II
20,352
25,674
16,636
20,986
Class III
18,503
23,341
15,124
19,079
Class IV
16,820
21,218
13,747
17,342
Foreign Service Staff Officer
Class I
16,820
21,218
13,747
17,342
Class II
15,290
19,288
13,094
16,518
Class III
14,563
18,371
12,470
15,731
Class IV
13,869
17,496
11,875
14,980
Foreign Service Staff Employee
Class I
12,579
15,868
10,771
13,588
Class II
12,579
15,868
10,771
13,588
Class III
12,579
15,868
10,771
13,588
2.2 The living quarters allowance indices provided for under Section 2.2 and Section 5.2 of Executive Order No. 101 are hereby revised and the newly opened posts are given an index as follows:
COUNTRY/POST
PERCENTAGE
From
To
Argentina
Buenos Aires
85
90
Australia
Canberra
95
97
Melbourne
100
100
Sydney
100
100
Austria
Vienna
120
130
Bahrain
Manama
98
100
Bangladesh
Dhaka
55
65
Belgium
Brussels
120
130
Brazil
Brasilia
105
110
Brunei
Bandar Seri Begawan
85
95
Cambodia
Phnom Penh
85
90
Canada
Montreal
100
100
Ottawa
100
102
Toronto
102
102
Vancouver
100
102
Winnipeg
100
100
Chile
Santiago
85
90
China
Beijing
90
95
Guangzhou
100
100
Hong Kong SAR
110
115
Shanghai
90
100
Xiamen
90
95
CNMI
Saipan
100
100
Cuba
Havana
90
100
Czech Republic
Prague
95
130
Egypt
Cairo
90
95
France
Paris
120
130
Gabon
Libreville
120
100
Germany
Berlin
120
130
Bonn
120
130
Hamburg
120
130
Greece
Athens
102
130
Hungary
Budapest
95
130
India
New Delhi
60
70
Indonesia
Jakarta
95
95
Manado
60
70
Iran
Tehran
90
95
Iraq
Baghdad
110
100
Ireland
Dublin
—
130
Israel
Tel-Aviv
120
125
Italy
Milan
120
130
Rome
120
130
Japan
Osaka
145
150
Tokyo
145
150
Jordan
Amman
98
100
Kenya
Nairobi
78
90
Kuwait
Kuwait City
98
100
Lao Republic
Vientiane
60
70
Lebanon
Beirut
120
125
Libya
Tripoli
98
100
Malaysia
Kuala Lumpur
85
90
Mexico
Mexico City
110
115
Micronesia
Pohnpei
100
100
Morocco
Rabat
95
100
Myanmar
Yangon
60
70
Netherlands
The Hague
110
130
New Zealand
Wellington
112
115
Nigeria
Abuja
70
90
Norway
Oslo
—
130
Omar
Muscat
98
100
Pakistan
Islamabad
60
70
Palau
Koror
100
100
Papua New Guinea
Port Moresby
110
115
Peru
Lima
78
90
Poland
Warsaw
—
130
Portugal
Lisbon
—
130
Qatar
Doha
98
100
Romania
Bucharest
95
130
Russia
Moscow
95
130
Saudi Arabia
Jeddah
95
100
Riyadh
95
100
Senegal
Dakar
120
100
Singapore
Singapore
100
100
South Africa
Pretoria
95
100
South Korea
Seoul
120
125
Spain
Barcelona
—
130
Madrid
120
130
Sri Lanka
Colombo
60
70
Sweden
Stockholm
120
130
Switzerland
Berne
120
130
Geneva
120
130
Thailand
Bangkok
85
95
Timor-Leste
Dili
95
100
Turkey
Ankara
100
110
U.A.E.
Abu Dhabi
98
100
Dubai
98
100
United Kingdom
London
120
130
U.S.A.
Agana
100
100
Chicago
100
100
Honolulu
110
110
Houston
90
100
Los Angeles
95
100
New Orleans
90
100
New York
100
100
San Diego
90
100
San Francisco
95
100
Seattle
95
100
Washington, D.C.
100
100
Vatican
Holy See
120
130
Venezuela
Caracas
110
115
Vietnam
Hanoi
60
70
2.3 The granting of living quarters allowance shall be in accordance with the provisions of Section 65 of R.A. 7157 and subject to the condition that nobody shall suffer a reduction as a result of these new rates. In case of reduction, the rates shall apply prospectively and the personnel concerned shall continue to receive their present living quarters allowance for the duration of their tour of duty at the post.
2.4 For purposes of this allowance, personnel who are living at the post of assignment with the spouse or at least one (1) qualified dependent child who has not reached 21 years of age 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. The return flight to Manila of legal dependent children, regardless of age, shall be at government expense.
2.5 Payment of the allowance shall be made strictly on the basis of actual status at post. Those, however, whose dependents have temporarily left their residence at the 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 beyond three (3) months: Provided, finally, That the dependents have not established residence elsewhere. Gainful employment outside of post is an indication of having changed domicile.
2.6 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 status under Section 2.4 hereof, the other spouse shall be considered as dependent.
2.7 In case, where, because of acute housing shortage, prohibitive rental cost or ether 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.
2.8 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 the 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 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.
2.9 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.
2.10 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. Payment of the utilities shall be in accordance with regulations as may be prescribed by the Secretary of Foreign Affairs.
SECTION 3.0 REPRESENTATION ALLOWANCE
3.1 The allowance per annum shall be granted in accordance with the provisions of Section 70 of R.A. 7157, as follows:
3.1.1 High Cost Posts
From
To
Chief of Mission (not Head of Post)
$4,000.00
$6,000.00
Career Minister
3,000.00
4,500.00
FSO I
2,400.00
3,600.00
FSO II
1,800.00
2,700.00
FSO III
1,200.00
1,800.00
FSO IV
1,200.00
1,800.00
FSSO I
960.00
1,440.00
Other duly authorized by the Secretary
960.00
1,440.00
3.1.2 Medium Cost Posts
From
To
Chief of Mission (not Head of Post)
$2,400.00
$3,600.00
Career Minister
2,400.00
3,600.00
FSO I
1,920.00
2,880.00
FSO II
1,440.00
2,160.00
FSO III
960.00
1,440.00
FSO IV
960.00
1,440.00
FSSO I
720.00
1,080.00
Others duly authorized by the Secretary
720.00
1,080.00
3.1.3 Low Cost Posts
From
To
Chief of Mission (not Head of Post)
$1,800.00
$2,700.00
Career Minister
1,800.00
2,700.00
FSO I
1,400.00
2,100.00
FSO II
1,080.00
1,620.00
FSO III
720.00
1,080.00
FSO IV
720.00
1,080.00
FSSO I
600.00
900.00
Others duly authorized by the Secretary
600.00
900.00
3.2 Philippine Foreign Service establishments are categorized into high, medium and low-cost posts, as follows:
3.2.1 High-Cost Posts
These posts have an Overseas Allowance index in the range of 90 and above.
3.2.2 Medium-cost Posts
These posts have an Overseas Allowance index in the range of 80-89.
3.2.3 Low-cost Posts
These posts have an Overseas Allowance index in the range of 70-79.
SECTION 4.0Â FAMILY ALLOWANCE
4.1 An officer or employee, other than an alien or casual/contractual employee, who is assigned abroad and whose family resides with him at the post of assignment, shall be entitled to a commutable family allowance equivalent to:
a. US$ 150.00 per month for the dependent spouse
b. US$ 75.00 per month for each dependent child not exceeding three (3) in number.
4.2 For this purpose, a dependent child shall mean legitimate, illegitimate, legitimated or legally adopted child who is not over 21 years, unmarried, not gainfully employed, and living with the officer or employee at the post of assignment .
4.3 Unmarried children who are mentally or physically handicapped as attested to by 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.
4.4 Subject to the prior approval of the Department Head, full family allowance may be paid to any claimant whose dependent does not live with him at the post of assignment under any of the following circumstances:
a. He is compelled to live alone due to dangerous, notably unhealthy or excessively adverse living conditions, or by other unavoidable circumstances like lack of appropriate, reasonable educational facilities for his children; or
b. For the convenience of the Government, he must live alone without any or all the members of his family at his 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 5.0 MODE OF PAYMENT
5.1 Effective upon full implementation of this Executive Order, payment of the foregoing allowances may be made either in U.S. dollars or in local currency computed at the prevailing market rate. Henceforth, payment in local currency at collection rate shall be discontinued, without exception.
SECTION 6.0 ADJUSTMENT OF RATES
6.1 The allowances prescribed hereto may be adjusted every two (2) years by the Secretary of Foreign Affairs and the Secretary of Budget and Management, upon approval of the Office of the President, to respond to substantial changes in the economic climate, subject to the availability of funds.
6.2 In the case of a newly opened post which is not included in this Executive 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 that particular post.
SECTION 7.0 EXEMPTION FROM TAXATION
7.1 All allowances, per diems, 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 exempt from Philippine income tax.
SECTION 8.0 FUNDING REQUIREMENTS
8.1 The amount needed to cover the foregoing adjustments in the foreign service compensation of personnel stationed abroad shall be taken from the appropriations for allowances and from whatever savings realized by the Department or the agency concerned during FYs 2005 and 2006. Thereafter, such amounts as may be necessary shall be included in the budget proposal of the Department or the agency concerned.
SECTION 9.0 SUPPLEMENTARY RULES AND REGULATIONS
9.1 The supplementary rules and regulations to implement this Executive Order shall be issued by the Secretary of Foreign Affairs.
SECTION 10.0 SEPARABILITY CLAUSE
10.1 If any section or any part of this Executive Order shall be declared illegal or unconstitutional by competent authority, the remaining sections or parts thereof shall not thereby be affected.
SECTION 11.0 REPEALING CLAUSE
11.1 This Executive Order supersedes Executive Order No. 101 dated 15 June 1993. All other orders, rules and regulations or parts thereof inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly.
SECTION 12.0 EFFECTIVITY DATE
12.1 This Order shall take effect immediately.
Done in the City of Manila this 5th day of September in the year of Our Lord, two thousand and five.
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
By the President:
(Sgd.)Â EDUARDO R. ERMITA
Executive Secretary
Source: Malacañang Records Office
Office of the President of the Philippines. (2005). [Executive Order Nos. : 401 Р500]. Manila : Malaca̱ang Records Office.
