Executive Order No. 101 (1993)

MALACAÑAN PALACE

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

[ Executive Order No. 101, June 15, 1993 ]

REVISING THE COMPENSATION PLAN OF THE FOREIGN SERVICE OF THE PHILIPPINES

WHEREAS, Presidential Decree No. 1285 establishes the system of compensation standards and policies for personnel of the Philippine Government who are stationed abroad;

WHEREAS, Executive Order No. 495 establishes the rules and regulations implemented by Letter of Implementation No. 63 to be observed in the payment of compensation for personnel of the National Government who are stationed abroad;

WHEREAS, the latest adjustment of indices on overseas and living quarters allowances was made on 27 August 1981, or almost twelve (12) years ago;

WHEREAS, Executive Order No. 394 was issued on 15 February 1990 only as an interim measure to adjust the basis annual rates of overseas and living quarters allowances;

WHEREAS, Republic Act No. 7157, otherwise known as the Philippines Foreign Service Act of 1991, was passed to strengthen the capability of the Philippine Foreign Service and provide reasonable salaries, allowances and other benefits to Foreign Service personnel;

WHEREAS, the cost of living abroad has increased due to drastic changes in foreign currency conversion rates as well as extraordinary and necessary expenses not otherwise compensated for but which are incurred by officers and employees in the foreign service;

WHEREAS, it is necessary to provide government personnel assigned abroad with a fairly adequate means within the governments financial capability to enable them to live in a manner befitting their representative capacities so as to ably represent the country with distinction and dignity and to uphold the prestige of the Republic;

NOW, THEREFORE, I, FIDEL V. RAMOS, President 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 to the Philippine 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. 394 for all Philippine government personnel stationed abroad shall be amended as follows:

RANK | RATE IN US DOLLARS

Chief of Mission | From | To Head of Diplomatic Mission | 21,375 | 43,391 Others, including Consul General | 18,988 | 37,731 Career Minister | 15,624 | 32,809

Foreign Service Officer

Class I | 13,547 | 28,530 Class II | 12,042 | 25,936 Class III | 9,923 | 23,578 Class IV | 8,697 | 21,435

Foreign Service Staff Officer

Class I | – | 21,435 Class II | 8,225 | 20,414 Class III | 7,461 | 19,442 Class IV | 6,580 | 18,516

Foreign Service Staff Employee

Class I | 6,113 | 16,833 Class II | 5,310 | 18,031 Class III | 4,631 | 15,268

1.2 The overseas allowance indices provided for under Executive Order No. 723 are hereby revised and the newly opened posts are given an index as follows:

| PERCENTAGE COUNTRY/POST | FROM | TO

Argentina | Buenos Aires | 235 | 116 Australia | Canberra | 180 | 106 | Melbourne | 180 | 106 | Sydney | 180 | 106 Austria | Vienna | 240 | 130 Bahrain | Manama | 235 | 113 Bangladesh | Dhaka | 170 | 90 Belgium | Brussels | 220 | 128 Brazil | Brasilia | 160 | 93 Brunei | Bandar Seri Begawan | | 90 Canada | Montreal | 160 | 95 | Ottawa | 160 | 95 | Toronto | 160 | 95 | Vancouver | 160 | 95 | Winnipeg | 160 | 95 Chile | Santiago | 180 | 93 China | Beijing | 150 | 92 C.N.M.I. | Saipan | | 102 Cuba | Havana | 190 | 112 Egypt | Cairo | 150 | 92 France | Paris | 245 | 128 Gabon | Libreville | 270 | 140 Germany | Berlin | 245 | 128 | Bonn | 245 | 128 | Hamburg | 245 | 128 Greece | Athens | 200 | 112 Hong Kong | Hong Kong | 160 | 98 Hungary | Budapest | | 89 India | New Delhi | 140 | 84 Indonesia | Jakarta | 180 | 101 | Menado | 120 | 67 Iran | Tehran | 170 | 100 Iraq | Baghdad | 190 | 113 Israel | Tel-Aviv | 180 | 130 Italy | Rome | 190 | 136 Japan | Kobe | 270 | 162 | Tokyo | 270 | 162 Jordan | Amman | 245 | 113 Kenya | Nairobi | 170 | 93 Kuwait | Kuwait | 245 | 113 Libya | Tripoli | 270 | 113 Malaysia | Kuala Lumpur | 160 | 91 Mexico | Mexico City | 140 | 93 Micronesia | Pohnpei | | 102 Morocco | Rabat | 210 | 115 Myanmar | Yangon | 140 | 82 Netherlands | The Hague | 260 | 128 New Zealand | Wellington | 160 | 110 Nigeria | Lagos | 250 | 130 Oman | Muscat | | 113 Pakistan | Islamabad | 150 | 89 Papua New Guinea | Port Moresby | 180 | 102 Peru | Lima | 100 | 93 Poland | Warsaw | 150 | 89 Qatar | Doha | | 113 Romania | Bucharest | 150 | 89 Russia | Moscow | 200 | 130 Saudi Arabia | Jeddah | 245 | 113 | Riyadh | 245 | 113 Senegal | Dakar | 230 | 131 Singapore | Singapore | 160 | 98 South Korea | Seoul | 200 | 108 Spain | Barcelona | | 128 | Madrid | 190 | 128 Sri Lanka | Colombo | 140 | 82 Sweden | Stockholm | 240 | 142 Switzerland | Berne | 270 | 142 | Geneva | 270 | 142 Thailand | Bangkok | 160 | 91 Turkey | Ankara | | 113 U.A.E. | Abu Dhabi | 245 | 113 United Kingdom | London | 240 | 136 U.S.A. | Agana | 155 | 102 | Chicago | 180 | 97 | Honolulu | 175 | 110 | Los Angeles | 160 | 95 | New Orleans | 160 | 93 | New York | 175 | 100 | San Diego | | 93 | San Francisco | 160 | 93 | Seattle | 160 | 96 | Washington, D.C. | 175 | 96 Vatican | Holy See | 190 | 136 Vietnam | Hanoi | 140 | 84 Yugoslavia | Belgrade | 170 | 92

1.3 Overseas allowance indices may be adjusted whenever the following conditions exist, and certified accordingly by the Secretary:

a) That the cost of living at post abroad is proportionately so high that an allowance is necessary to enable an officer or employee at such post to carry out his work efficiently;

b) That extraordinary and necessary expenses not otherwise compensated for are incurred by an officer or employee of the Foreign Service incident to his assignment in the post; and

c) That an allowance is necessary to assist an officer or employee of the Foreign Service who is compelled to stay in his post of assignment in spite of dangerous, notably unhealthy or excessively adverse living conditions prevailing at his post or for the convenience of the government to meet the additional expenses of maintaining an assignment.

1.4 Hardship posts as determined by the Secretary shall receive an additional five per cent (5%) increase in their overseas allowance to meet other expenses brought about by dangerous, unhealthy or excessive adverse living condition prevailing at the post.

1.5 Husband and wife who are assigned in the same post shall be entitled to a separate allowance with index corresponding to their respective ranks.

Section 2.0 LIVING QUARTERS ALLOWANCE

2.1 The basic annual rates of living quarters allowance provided for under Section 2 of Executive Order No. 394 for all Philippine Government personnel stationed abroad shall be amended as follows:

RANK | RATE IN US DOLLARS WITH

Family | WITHOUT Family From | To | From | To

Chief of Mission

Head of Diplomatic Mission | 12,941 | 33,984 | 10,345 | 27,777 Others, including Consul General | 10,482 | 28,318 | 8,621 | 23,146 Career Minister | 7,644 | 24,625 | 6,513 | 20,130

Foreign Service Officer

Class I | 6,786 | 22,389 | 5,734 | 18,296 Class II | 6,422 | 20,352 | 5,404 | 16,636 Class III | 5,538 | 18,503 | 4,602 | 15,124 Class IV | 5,031 | 16,820 | 4,142 | 13,747

Foreign Service Staff Officer

Class I | - | 16,820 | - | 13,747 Class II | 4,740 | 15,920 | 3,922 | 13,094 Class III | 4,463 | 14,563 | 3,661 | 12,470 Class IV | 4,209 | 13,869 | 3,425 | 11,875

Foreign Service Staff Employee

Class I | 3,926 | 12,579 | 3,056 | 10,771 Class II | 3,926 | 12,579 | 3,056 | 10,771 Class III | 3,926 | 12,579 | 3,056 | 10,771 Class I | 3,926 | 12,579 | 3,056 | 10,771

2.2 The living quarters allowance indices provided for under Executive Order No. 723 are hereby revised and the newly opened posts are also given an index as follows:

| PERCENTAGE COUNTRY/POST | FROM | TO

Argentina | Buenos Aires | 250 | 85 Australia | Canberra | 180 | 95 | Melbourne | 180 | 100 | Sydney | 180 | 100 Austria | Vienna | 220 | 120 Bahrain | Manama | 250 | 98 Bangladesh | Dhaka | 110 | 55 Belgium | Brussels | 220 | 120 Brazil | Brasilia | 230 | 105 Brunei | Bandar Seri Begawan | | 85 Canada | Montreal | 170 | 100 | Ottawa | 170 | 100 | Toronto | 170 | 102 | Vancouver | 170 | 100 | Winnipeg | | 100 Chile | Santiago | 150 | 85 China | Beijing | 150 | 90 C.N.M.I. | Saipan | | 100 Cuba | Havana | 160 | 90 Egypt | Cairo | 190 | 90 France | Paris | 230 | 120 Gabon | Libreville | 190 | 120 Germany | Berlin | 240 | 120 | Bonn | 240 | 120 | Hamburg | 240 | 120 Greece | Athens | 220 | 102 Hongkong | Hongkong | 270 | 110 Hungary | Budapest | | 95 India | New Delhi | 130 | 60 Indonesia | Jakarta | 170 | 95 | Menado | 110 | 60 Iran | Tehran | 250 | 90 Iraq | Baghdad | 250 | 110 Israel | Tel-Aviv | 190 | 120 Italy | Rome | 200 | 120 Japan | Kobe | 270 | 145 | Tokyo | 270 | 145 Jordan | Amman | 350 | 98 Kenya | Nairobi | 170 | 78 Kuwait | Kuwait City | 350 | 98 Libya | Tripoli | 350 | 98 Malaysia | Kuala Lumpur | 155 | 85 Mexico | Mexico City | 200 | 110 Micronesia | Pohnpei | | 100 Morocco | Rabat | 220 | 95 Myanmar | Yangon | 100 | 60 Netherlands | The Hague | 220 | 110 New Zealand | Wellington | 170 | 112 Nigeria | Lagos | 160 | 70 Oman | Muscat | | 98 Pakistan | Islamabad | 130 | 60 Papua New Guinea | Port Moresby | 160 | 110 Peru | Lima | | 78 Poland | Warsaw | 160 | 85 Qatar | Doha | | 98 Romania | Bucharest | 160 | 95 Russia | Moscow | 200 | 95 Saudi Arabia | Jeddah | 350 | 95 | Riyadh | 350 | 95 Senegal | Dakar | 250 | 120 Singapore | Singapore | 200 | 100 South Korea | Seoul | 160 | 120 Spain | Madrid | 200 | 120 | Barcelona | | 120 Sri Lanka | Colombo | 120 | 60 Sweden | Stockholm | 220 | 120 Switzerland | Berne | 240 | 120 | Geneva | 240 | 120 Thailand | Bangkok | 125 | 85 Turkey | Ankara | | 100 U.A.E. | Abu Dhabi | 350 | 98 United Kingdom | London | 240 | 120 U.S.A. | Agana | 160 | 100 | Chicago | 200 | 100 | Honolulu | 190 | 110 | Houston | 190 | 90 | Los Angeles | 190 | 95 | New Orleans | 185 | 90 | New York | 200 | 100 | San Diego | | 90 | San Francisco | 190 | 95 | Seattle | 190 | 95 | Washington, D.C. | 200 | 100 Vatican | Holy See | 190 | 120 Vietnam | Hanoi | 130 | 60 Yugoslavia | Belgrade | 180 | 95

2.3 The granting of living quarters allowance shall be in accordance with the provisions of Section 65 of R.A. 7157 and the subsequent sections and that nobody shall suffer a reduction as a result of this adjustment; PROVIDED, That there shall be a minimum increase of $240 per annum.

2.4 For purposes of this allowance, personnel who are married and living at the post of assignment with the spouse or at least one (1) dependent child shall be considered with family, while those who are single, widow/widower or legally separated shall be without family. A widow/widower or legally separated person with at least one (1) dependent child at the post 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. Payment of the allowance shall be made strictly on the basis of actual status of the post.

2.5 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.

2.6 In case, where, because of acute housing shortage, prohibitive rental cost or other 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.

2.7 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 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 the post: 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.

2.8 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 to rent a house or apartment unit through an agent and pay the corresponding real agents fee or commission upon signing of the lease contract, including renewal thereof, payment of the above may be authorized, chargeable against the account of the Department: Provided, That the head of post shall certify in the pertinent cash voucher that such payments are customary at the post and not refunded by the owner to the lessee.

2.9 In lieu of commutable living quarters allowance, payment of actual rental of quarters occupied by the head of post may be authorized, subject to availability of funds and as may be warranted by the housing situation in the post of assignment. Payment of the utilities and other related expenses shall, however, be for the personal account of the head of post concerned.

Section 3.0 POST ALLOWANCE

3.1 The allowance shall be granted in accordance with the provisions of Section 69 of R.A. 7157.

Section 4.0 REPRESENTATION ALLOWANCE

4.1 The allowance shall be granted in accordance with the provisions of Section 70 of R.A. 7157.

4.2 Philippine Foreign Service establishments are categorized into high, medium and low cost posts, as follows:

A. High Cost Posts

Barcelona, Berlin, Berne, Bonn, Brussels, Dakar, Geneva, Hamburg, Honolulu, Kobe, Lagos, Libreville, London, Madrid, Moscow, Paris, Rome, Seoul, Stockholm, Tel-Aviv, The Hague, Tokyo, Holy See and Vienna.

B. Medium Cost Posts

Abu Dhabi, Agana, Amman, Ankara, Athens, Baghdad, Buenos Aires, Canberra, Chicago, Doha, Havana, Hongkong, Jeddah, Kuwait, Manama, Melbourne, Muscat, New York, Pohnpei, Port Moresby, Rabat, Riyadh, Saipan, Santiago, Singapore, Sydney, Teheran, Tripoli.

C. Low Cost Posts

Bandar, Seri Begawan, Bangkok, Beijing, Belgrade, Brasilia, Bucharest, Budapest, Cairo, Colombo, Dhaka, Hanoi, Houston, Islamabad, Jakarta, Kuala Lumpur, Lima, Los Angeles, Menado, Mexico City, Montreal, Nairobi, New Delhi, New Orleans, Ottawa, San Diego, San Francisco, Seattle, Toronto, Vancouver, Warsaw, Washington, Winnipeg, and Yangon.

Section 5.0 ADJUSTMENTS OF RATES

5.1 The allowances prescribed hereto for overseas and living quarters may be adjusted once a year by the Secretary of Foreign Affairs and the Secretary of Budget and Management, upon approval of the Office of the President, to respond to sudden Foreign exchange rate fluctuations and in price levels as a stop-gap measure and pending the establishment of new and revised rates, subject to the availability of funds.

5.2 In the case of newly opened post not included in this Executive Order, the index of the closest post shall apply pending approval of an appropriate index for that particular post.

Section 6.0 EXEMPTION FROM TAXATION

6.1 All allowances, per diem, 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 7.0 FUNDING REQUIREMENTS

7.1 The amount needed to cover the adjustments of foreign service compensations of personnel stationed abroad shall be taken from the appropriations for allowances and from whatever savings realized by the department or agency concerned during FY 1993. Thereafter, such amounts as may be necessary shall be included in the budget proposal of the department or by the agency concerned.

Section 8.0 SUPPLEMENTARY RULES AND REGULATIONS

8.1 The supplementary rules and regulations to implement this Executive Order shall be issued by the Secretary of Foreign Affairs.

Section 9.0 SEPARABILITY CLAUSE

9.1 If any section or any part of this Executive Order shall be declared unconstitutional by competent authority, the remaining sections or parts thereof shall not thereby be affected.

Section 10.0 REPEALING CLAUSE

10.1 All Orders, Letters of Implementation, rules and regulations or parts thereof which are inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly.

Section 11.0 EFFECTIVITY DATE

11.1 This Order shall take effect immediately.

Done in the City of Manila this 15th day of June in the year of Our Lord nineteen hundred and ninety-three.

(Sgd.) FIDEL V. RAMOS

President of the Philippines

By the President:

(Sgd.) ANTONIO T. CARPIO

Chief Presidential Legal Counsel