MALACAÑAN PALACE
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:

RANKRATE
IN US DOLLARS
FromTo
Chief of Mission

Head of Diplomatic Post43,39169,599
Others, including Consul General37,73160,521
Career Minister32,80952,626
Foreign Service Officer

Class I28,53045,762
Class II25,93641,601
Class III23,57837,819
Class IV21,43534,382
Foreign Service Staff Officer

Class I21,43534,382
Class II20,41432,744
Class III19,44231,185
Class IV18,51629,700
Foreign Service Staff Employee

Class I16,83327,000
Class II16,03125,714
Class III15,26824,490

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/POSTPERCENTAGE
FromTo
ArgentinaBuenos Aires11682
AustraliaCanberra10690

Melbourne10690

Sydney10690
AustriaVienna13096
BahrainManama11391
BangladeshDhaka9077
BelgiumBrussels12894
BrazilBrasilia9382
BruneiBandar Seri Begawan9075
CambodiaPhnom Penh9175
CanadaMontreal9593

Ottawa9591

Toronto9593

Vancouver9591

Winnipeg9591
ChileSantiago9382
ChinaBeijing9289

Guangzhou9289

Hong Kong SAR98100

Shanghai9289

Xiamen9289
CNMISaipan10286
CubaHavana11285
Czech RepublicPrague8990
EgyptCairo9276
FranceParis12898
GabonLibreville14093
GermanyBerlin12898

Bonn12893

Hamburg12892
GreeceAthens11289
HungaryBudapest8992
IndiaNew Delhi8479
IndonesiaJakarta10181

Manado6770
IranTehran10083
IraqBaghdad11384
IrelandDublin95
IsraelTel-Aviv13090
ItalyMilan13696

Rome13696
JapanOsaka162128

Tokyo162128
JordanAmman11377
KenyaNairobi9378
KuwaitKuwait City11381
LaosVientiane9180
LebanonBeirut13090
LibyaTripoli11382
MalaysiaKuala Lumpur9175
MexicoMexico City9385
MicronesiaPohnpei10286
MyanmarYangon8283
MoroccoRabat11583
NetherlandsThe Hague12893
New ZealandWellington11090
NigeriaAbuja13093
NorwayOslo105
OmanMuscat11381
PakistanIslamabad8980
PalauKoror10286
Papua New GuineaPort Moresby10288
PeruLima9378
PolandWarsaw8985
PortugalLisbon87
QatarDoha11379
RomaniaBucharest8981
RussiaMoscow13095
Saudi ArabiaJeddah11386

Riyadh11386
SenegalDakar13191
SingaporeSingapore9880
South AfricaPretoria10592
South KoreaSeoul108107
SpainBarcelona12894

Madrid12894
Sri LankaColombo8277
SwedenStockholm14299
SwitzerlandBerne142107

Geneva142107
ThailandBangkok9177
Timor-LesteDili10189
TurkeyAnkara11386
U.A.E.Abu Dhabi11386

Dubai86
United KingdomLondon136100
U.S.A.Agana102100

Chicago97100

Honolulu110100

Houston94100

Los Angeles95100

New Orleans93100

New York100100

San Diego93100

San Francisco93100

Seattle96100

Washington, D.C.96100
VaticanHoly See13696
VenezuelaCaracas9382
VietnamHanoi8479

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:

RANKRATE
IN US DOLLARS
With FamilyWithout Family
FromToFromTo
Chief of Mission

Head of Diplomatic Post33,98442,87127,77735,041
Others including Consul General28,31835,72323,14629,199
Career Minister24,62531,06420,13025,394
Foreign Service Officer

Class I22,38928,24418,29623,080
Class II20,35225,67416,63620,986
Class III18,50323,34115,12419,079
Class IV16,82021,21813,74717,342
Foreign Service Staff Officer

Class I16,82021,21813,74717,342
Class II15,29019,28813,09416,518
Class III14,56318,37112,47015,731
Class IV13,86917,49611,87514,980
Foreign Service Staff Employee

Class I12,57915,86810,77113,588
Class II12,57915,86810,77113,588
Class III12,57915,86810,77113,588

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:

1awp++i1
COUNTRY/POSTPERCENTAGE
FromTo
ArgentinaBuenos Aires8590
AustraliaCanberra9597

Melbourne100100

Sydney100100
AustriaVienna120130
BahrainManama98100
BangladeshDhaka5565
BelgiumBrussels120130
BrazilBrasilia105110
BruneiBandar Seri Begawan8595
CambodiaPhnom Penh8590
CanadaMontreal100100

Ottawa100102

Toronto102102

Vancouver100102

Winnipeg100100
ChileSantiago8590
ChinaBeijing9095

Guangzhou100100

Hong Kong SAR110115

Shanghai90100

Xiamen9095
CNMISaipan100100
CubaHavana90100
Czech RepublicPrague95130
EgyptCairo9095
FranceParis120130
GabonLibreville120100
GermanyBerlin120130

Bonn120130

Hamburg120130
GreeceAthens102130
HungaryBudapest95130
IndiaNew Delhi6070
IndonesiaJakarta9595

Manado6070
IranTehran9095
IraqBaghdad110100
IrelandDublin130
IsraelTel-Aviv120125
ItalyMilan120130

Rome120130
JapanOsaka145150

Tokyo145150
JordanAmman98100
KenyaNairobi7890
KuwaitKuwait City98100
Lao RepublicVientiane6070
LebanonBeirut120125
LibyaTripoli98100
MalaysiaKuala Lumpur8590
MexicoMexico City110115
MicronesiaPohnpei100100
MoroccoRabat95100
MyanmarYangon6070
NetherlandsThe Hague110130
New ZealandWellington112115
NigeriaAbuja7090
NorwayOslo130
OmarMuscat98100
PakistanIslamabad6070
PalauKoror100100
Papua New GuineaPort Moresby110115
PeruLima7890
PolandWarsaw130
PortugalLisbon130
QatarDoha98100
RomaniaBucharest95130
RussiaMoscow95130
Saudi ArabiaJeddah95100

Riyadh95100
SenegalDakar120100
SingaporeSingapore100100
South AfricaPretoria95100
South KoreaSeoul120125
SpainBarcelona130

Madrid120130
Sri LankaColombo6070
SwedenStockholm120130
SwitzerlandBerne120130

Geneva120130
ThailandBangkok8595
Timor-LesteDili95100
TurkeyAnkara100110
U.A.E.Abu Dhabi98100

Dubai98100
United KingdomLondon120130
U.S.A.Agana100100

Chicago100100

Honolulu110110

Houston90100

Los Angeles95100

New Orleans90100

New York100100

San Diego90100

San Francisco95100

Seattle95100

Washington, D.C.100100
VaticanHoly See120130
VenezuelaCaracas110115
VietnamHanoi6070

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


FromTo
Chief of Mission (not Head of Post)$4,000.00$6,000.00
Career Minister3,000.004,500.00
FSO I2,400.003,600.00
FSO II1,800.002,700.00
FSO III1,200.001,800.00
FSO IV1,200.001,800.00
FSSO I960.001,440.00
Other duly authorized by the Secretary960.001,440.00

3.1.2 Medium Cost Posts


FromTo
Chief of Mission (not Head of Post)$2,400.00$3,600.00
Career Minister2,400.003,600.00
FSO I1,920.002,880.00
FSO II1,440.002,160.00
FSO III960.001,440.00
FSO IV960.001,440.00
FSSO I720.001,080.00
Others duly authorized by the Secretary720.001,080.00
3.1.3 Low Cost Posts


FromTo
Chief of Mission (not Head of Post)$1,800.00$2,700.00
Career Minister1,800.002,700.00
FSO I1,400.002,100.00
FSO II1,080.001,620.00
FSO III720.001,080.00
FSO IV720.001,080.00
FSSO I600.00900.00
Others duly authorized by the Secretary600.00900.00

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 4.0 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.1âwphi1

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.) EDUARDO R. ERMITA
Executive Secretary


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