Executive Order No. 248




EXECUTIVE ORDER NO. 248 May 29, 1995 PRESCRIBING RULES AND REGULATIONS AND NEW RATES OF ALLOWANCES FOR OFFICIAL LOCAL AND FOREIGN TRAVELS OF GOVERNMENT PERSONNEL WHEREAS, the existing rules and regulations and authorized rates of allowances for official local and foreign travels of government personnel become unrealistic and no longer responsive to their reasonable needs; WHEREAS, present circumstances warrant a review of the existing rules and regulations and rates of travel allowances governing official travel here and abroad of government personnel; WHEREAS, to provide government personnel on official travel here and abroad with fairly reasonable means within the financial capability of the government to enable them to travel in a manner befitting their representative capacity, it is necessary to further modify and adjust existing rules and regulations and authorized allowances thereon; WHEREAS, pursuant to Section 79 of Presidential Decree No. 1177, dated July 30, 1977, and Section 72, Chapter 7, Book VI of Executive Order No. 292, otherwise known as the Administrative Code of 1987, the rates of travel allowances may be changed from time to time as may be determined by the President upon recommendation of the Travel Rates Committee therein created consisting of the Secretary of Budget and Management as Chairman, Commission on Audit, on their representatives, as members; WHEREAS, the Travel Rates Committee in accordance with its mandate has submitted to the President recommendations to modify and adjust existing rules and regulations and authorized allowances for local and foreign travels. NOW, THEREFOR, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order: Sec. 1. COVERAGE. - This Executive Order shall govern official local and foreign travels of government personnel, both national and local, including personnel of government-owned and/or controlled corporations and government financial institutions. Sec. 2. NATURE OF TRAVEL. - Travels and assignments under this Executive Order shall cover only those which are urgent and extremely necessary, will involved the minimum expenditure and are beneficial to the agency concerned and/or the country. Sec. 3. CATEGORY OF TRAVEL AND THE GOVERNING RULES AND REGULATIONS. - Official Local Travel shall be governed by TITLE I, Official Travel Abroad by TITLE II, and the Miscellaneous Provisions in TITLE III. TITLE I: OFFICIAL LOCAL TRAVEL OF GOVERNMENT PERSONNEL Sec. 4. DEFINITION OF TERMS. - For purposes of this Executive Order, the following terms shall be construed to mean: a) Permanent Official Station - the office or regular place of work of the officer or employee concerned. b) Travel Allowance - the authorized amount which shall cover the daily subsistence and incidental travel expenses while on official travel. c) Hotel Room/Lodging Rate - The daily hotel room rate including prescribed taxes and service charges. Sec. 5. APPROVAL OF TRAVEL. - Official local travel for (7) calendar days and below shall be approved by the head of office/bureau or their equivalent. Travel that will last for more than seven (7) calendar days but not more than one (1) calendar month shall be approved by the President of the Philippines or official duly authorized by him. For purposes of this Order, approval of travel of officials and employees of government-owned and/or controlled corporations and financial institutions that will last for not more than one (1) calendar month shall be subject to the policies, rules and regulations that will be adopted by their respective governing Boards, and by the Secretary of the Interior and Local Government in the case of officials and employees of local government units. Sec. 6. ALLOWABLE TRAVEL EXPENSES. - The travel expenses of government personnel regardless of rank and position shall be in amount of Three Hundred Pesos (P300.00) per day divided into two (2) components: a) Travel Allowance of Two Hundred Pesos (P200.00) which will cover the cost of meal, inland transportation and other incidental expenses; and b) Hotel Room/Lodging Rate at One Hundred Pesos (P100.00). Claims for reimbursement of actual travel expenses in excess of Three Hundred Pesos (P300.00) above prescribed for travel allowance and hotel room/lodging rate may be allowed upon certification by the head of agency concerned as absolutely necessary in the performance of an assignment and presentation of bills and receipts; Provided, That, for this purpose, certification or affidavit of loss shall not be considered as appropriate replacement for the required hotel room/lodging bills and receipts. Full travel expenses shall be allowed only in cases of absence from the permanent official station for one (1) full day. In cases where such absence is for less than a full day the travel allowance shall be divided as follows: a) When leaving the permanent official station before 12:00 noon shall be allowed the full amount of the travel expenses. b) When leaving the permanent official station after 12:00 noon shall be allowed only one-half (1/2) of the amount of the travel allowance, and full amount for Hotel Room Lodging Race. c) When returning to the permanent official station before 12:00 noon shall be allowed one-half (1/2) of the amount of the travel allowance only. d) When returning to the permanent official station after 12:00 noon shall be allowed the full amount of the travel allowance only. lawphi1.net No portion of the actual cost of travel expenses allowed to travel to Department Secretaries, Undersecretaries, Assistant Secretaries, and their equivalent, and other government officials shall cover the expenses of any of the staff accompanying said officials in the travel, otherwise, such staff shall not be allowed any of the allowances herein authorized. The Department/Agency Head concerned or his equivalent shall determine the mode and class of transportation and the kind hotel/lodging/pension houses to be taken which in all cases shall be the most advantageous to the government from the standpoint of economy and efficiency. Only the ordinary public conveyance or customary modes of transportation shall be used, except in meritorious cases and justified by prevailing circumstances. Officials and employees whose permanent official station is within the Metropolitan Manila Area shall not be allowed the travel expenses herein authorized for their travel/assignment to places within the Metropolitan Manila Area. The same restriction shall also apply to those in cities and municipalities outside the Metropolitan Manila Area when assigned to places within the city or municipality wherein their permanent official station is located. Claims for payment of travel expenses for official travel/assignment to places within the fifty (50) kilometers radius from the last city or municipality covered by the Metropolitan Manila Area in the case of those whose permanent official station is located in the case of those outside the Metropolitan Manila Area, shall be allowed only upon presentation of proof duly supported by bills or invoices with official receipts of expenses incurred, that they stayed in the place of their assignment for the whole duration of their official travel. If they commute daily from the place of their assignment to the place of their residence or permanent official station, they shall be allowed only the reimbursement of actual fare at the prevailing rates of the authorized mode of transportation from the permanent official station to the destination or place of work and back, and a reasonable cost of actual meal allowance, but in no case shall exceed the Two Hundred Pesos (P200.00) travel allowance herein authorized. TITLE II: OFFICIAL TRAVEL ABROAD OF GOVERNMENT PERSONNEL Sec. 7. NATURE OF TRAVEL. - Travels and assignments under this Executive Order shall cover only those which are urgent and extremely necessary, will involved the minimum expenditure and are expected to bring immediate benefit to the country, and shall refer only to those under the category of conferences, special missions, and other non-study trips such as those undertaken for the following purposes: a) To attend conferences or seminars sponsored by foreign governments 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 examinations or investigations 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; e) To participate in short courses in certain areas of specialization arranged directly by government agencies with foreign institutions of learning; f) To attend training seminars as component of contracts of foreign suppliers, with or without government funding; and g) To attend training courses funded from loans secured from foreign sources. Sec. 8. APPROVAL OF THE PRESIDENT. - All officials travels abroad of Department Secretaries, Undersecretaries, Assistant Secretaries, heads, senior assistant heads and assistant heads of government-owned and/or controlled corporations and financial institution, and heads of local government units like Provincial Governors and Mayors of highly urbanized cities or independent component cities, and other officials of equivalent rank whose nature of travel falls under the categories prescribed in this Order shall be subject to the prior approval of the President of the Philippines. All other positions concerned shall be with prior approval of their respective Department Secretaries and their equivalent; Provided, That, travel that will last for more than one (1) calendar month shall also be subject to the approval of the President of the Philippines. For this purpose, official foreign travel that will last for one (1) calendar month and below of other officials and employees of government-owned and/or controlled corporations and financial institutions shall be approved by the Department Secretaries or their equivalent to which such government owned/controlled corporations and financial institutions are attached, and by the Secretary of the Interior and Local Government in the case of other officials and employees of local government units. Prior clearance from the Office of the President shall also be required for foreign trips of delegations or groups of two or more persons regardless of the rank of participants. Sec. 9. PRE-DEPARTURE EXPENSES. - Officials and employees authorized to travel abroad shall be entitled to One Thousand Five Hundred Pesos (P1,500.00) commutable pre-departure allowance to cover miscellaneous/incidental expenses, such as taxi fare, passport photographs, immunization, visa fees, tips, porterage, and airport terminal fees. Sec. 10. TRANSPORTATION. - In case officials and employees authorized to travel abroad 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 and approved by the President. Sec. 11. CLOTHING ALLOWANCES. - Officials and employees authorized to travel shall be granted clothing allowance equivalent to Four Hundred United States Dollars (US$400.00) Clothing allowance shall not be granted oftener than once in every twenty-four (24) months and a certification shall be submitted to the effect if no clothing allowance had been received during the next preceding twenty-four (24) months. Sec. 12. TRAVEL ALLOWANCE AND HOTEL ROOM RATE/PER DIEM. - Officials and employees who travel abroad shall be granted travel allowance of One Hundred United States Dollars (US$100.00) and hotel room/lodging rate of Two Hundred United States Dollars (US$200.00) per day. Claims for lodging or hotel accommodation shall be allowed only when duly supported by appropriate hotel room bills with official receipts; Provided, That, for the purpose, no certification or affidavit of loss shall be considered or accepted. Subject to approval of the President, actual travel expenses in excess of the Three Hundred United States Dollars (US$300.00) above-prescribe for travel allowance and hotel room/lodging rate, may be allowed upon certification by the head of agency concerned as absolutely necessary in the performance of an assignment and presentation of hotel room bill with official receipts. The above travel allowance is intended to cover subsistence, local transportation and other incidental expenses, and shall not be divided into units; Provided, That, full travel allowance shall be allowed only in accordance with the provisions of the third paragraph of Section 6 hereof. For purposes of this Order and of the provisions of Section 75 of R.A. No. 7157, otherwise known as the Foreign Service Act of 1991, the travel allowance and hotel room rate herein provided shall also be known as per diems insofar as the Department of Foreign Affairs is concerned. As such, it shall consist of four (4) units: breakfast, lunch, dinner and lodging. The Secretary of Foreign Affairs is duly authorized to prescribe additional guidelines thereon, particularly in the proper allocation of amounts per unit thereof. The travel allowance herein provided for shall be granted only for the duration of the official trip, including actual travel time, which shall be computed according to the most direct air route, 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 and expense. Sec. 13. Representation Expenses. - Philippine delegations to international conferences, conventions or special missions, as well as individuals travelling on official business may, upon prior approval of the President, be allowed non-commutable representation expenses not exceeding One Thousand United States Dollars (US$1,000.00), duly supported by bills or receipts, 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. 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. Sec. 14. APPLICABILITY TO PERSONNEL STATIONED BROAD. - Officials and employee already posted abroad may avail themselves of the allowances prescribed under this Order when they travel officially outside of their post of assignment, or to countries to which they are duly accredited on a non-resident basis, or to countries over which the post has concurrent jurisdiction; Provided, That (1) unless indicated otherwise, funds therefor are chargeable to the post allotment and no supplemental budget is requested for the purpose; (2) prior authority is secured from their respective Department Secretaries and those Officials of equivalent rank; (3) the travel necessitates an overnight stay by reason of distance and/or the non-availability of return transportation; and (4) travel within the one hundred (100) mile radius from the city or municipality wherein the official station of such official or employee is located shall not be allowed any of the allowances herein authorized. Officials and employees who are either assigned from their Home Office to a post abroad or cross-posted from one post to another shall be entitled to the lodging portion of the allowances herein granted during the month said personnel arrived at the post; Provided, That the claim which hall be supported by appropriate bills with receipts does not commence until their actual arrival at the post of assignment; Provided, Finally, That, the lodging portion of the allowance shall be granted on the basis of the classification of the post as stated under E.O. No. 101, series of 1993, with Two Hundred United States Dollars (US$200.00) per day as the ceiling thereof. Sec. 15. 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 prescribe in this Order, he shall be entitled to the difference only. lawphi1.net TITLE III: MISCELLANEOUS PROVISIONS Sec. 16. RENDITION OF ACCOUNT ON CASH ADVANCES. - Within sixty (60) days after his return to the Philippines, in the case of official travel abroad, or within (30) days of his return to his permanent official station in the case of official local travel, every official or employee shall render an account of the cash advance 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. Sec. 17. AUTOMATIC ADJUSTMENT. - If in a span of at least five (5) years the inadequacy of the adjusted rates of allowances is again felt, upward adjustment may be automatically made using the factors and computation used by the Travel Rates Committee, particularly Attachments A and B, which are made integral parts hereof. Sec. 18. SUBMISSION OF REPORT. - Every official or employee assigned or authorized to travel under this Order shall, within one (1) month after his return to official station, 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. In case of participation in an international conference or convention abroad 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 latter than one (1) 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. Sec. 19. INSURANCE. - Any official or employee on travel pursuant to this Order shall be allowed reimbursement of premium for accident insurance coverage, not exceeding Two Hundred Thousand Pesos (P200,000.00) for the duration of his official travel. Under no circumstances, however, shall premiums on insurance of personal or household effects belonging to any official or employee on official travel be charged to government funds. Sec. 20. CHARGEABILITY OF EXPENSES. -- The expenses authorized under this Order shall, unless otherwise specified, be chargeable against the appropriations of the office to which the official or employee concerned belongs. Sec. 21. SAVING CLAUSE. - Cases not covered by this Order shall be referred to the Office of the President for final resolution. Sec. 22. FUNDING SOURCE. - In the case of regular government offices/agencies, the funds shall be as provided for each of the departments/agencies/offices for the item on Travelling Expense in the annual General Appropriation Act. For government-owned and/or controlled corporations and financial institutions and local government units, funding for the purpose shall be sourced solely from their respective corporate and local funds. Sec. 23. REPEALING CLAUSE. - The pertinent provisions of Executive Order No. 53, dated October 29, 1986, Executive Order No. 151, dated March 19, 1987, as implemented by National Budget Circular No. 391, dated October 6, 1987, and National Budget Circular No. 391-A, dated June 29, 1989, Executive Order No. 401, dated April 26, 1990, and administrative authorizations not consistent with this Order are hereby modified or repealed accordingly. lawphi1.net Sec. 24. EFFECTIVITY. - This Executive Order shall take effect immediately. lawphi1.net DONE in the City of Manila, this 29th day of May, in the year of Our Lord, Nineteen Hundred and Ninety-Five. Attachment A EXISTING RATES = LOCAL TRAVEL Metro Manila and other Places Highly Other Other Urbanized Charactered than Cities Cities Cities ------------- ------------ ----------- GROUP I Senior Management Positions and Equivalent P175.00 P165.00 P155.00 GROUP II Middle Management Positions and Equivalent 155.00 145.00 135.00 GROUP III All other positions 135.00 125.00 115.00 Attachment B CATEGORY = GOVERNMENT OFFICIALS/EMPLOYEES a) Department Secretaries, Executive Secretary, Cabinet Secretary, Chairmen of Constitutional Commissions, and those of equivalent rank b) Department Undersecretaries, Deputy Executive Secretary, Cabinet Undersecretary, Member of Constitutional Commissions and those of equivalent rank c) Assistant Secretaries, Chairmen of governing boards, General Managers or Managing Heads of government-owned and/or -controlled corporations and financial institutions. Heads of Delegations with Full Powers, Bureau Directors, Directors of Bureau-level offices. Department Regional Directors, Chief of Mission, Ambassadors Extra-Ordinary and Plenipotentiary, Consuls-General, Career Ministers, Chief of Staff of the Armed Forces of the Philippines, and other officials of equivalent rank d) Vice-Chairmen and Members of the governing boards and councils, Assistant General Manager and other Assistant Managing Heads of government-owned and/or -controlled corporations and financial institutions, 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 e) Heads of Primary Units of at least Division level and those of equivalent rank f) All other employees The Lawphil Project - Arellano Law Foundation