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EXECUTIVE ORDER NO. 156

[ EXECUTIVE ORDER NO. 156, December 23, 2013 ]

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

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary

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