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Executive Order No. 401, s. 1990


Published: 1990-04-26

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MALACAÑANG

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

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 travel 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.

Section 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.

Section 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.

Section 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.

Section 5. Clothing Allowance. Officials and employees authorized to travel abroad under this Order shall be granted clothing allowance as follows:

Category
Clothing Allowance

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 Mission, 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 assistantmanaging heads of government-owned or controlled corporations, Assistant Bureau Directors, Bureau Regional Directors, other general officers of theArmed 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.

Section 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:

Category
Daily Allowance
Reimbursable Limit for Hotel Room Rate

a) Department Secretaries, Executive Secretary, Cabinet Secretary, Chairmen of Constitutional Commissions, and those of equivalent rank
$100
$100

b) Department Undersecretaries, Deputy Executive Secretary, Cabinet Undersecretary, 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.

Section 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.

Section 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.

Section 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.

Section 10. Insurance. Any official or employee travelling 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.

Section 11. Payment of Allowance Differential. Where the official or employee travelling 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.

Section 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.

Section 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.

Section 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.

Section 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 provisions 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.

Section 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.

(Sgd.) CORAZON C. AQUINO

President of the Philippines

By the President:

(Sgd.) CATALINO MACARAIG, JR.

Executive Secretary

Source: Presidential Management Staff

Office of the President of the Philippines. (1990). [Executive Order Nos. : 391-522]. Manila : Presidential Management Staff.