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Executive Order No. 156 (2013)

Executive Order No. 156 (2013)

AND ADJUSTING THE OVERSEAS, LIVING QUARTERS, REPRESENTATION, AND FAMILY ALLOWANCES OF FOREIGN SERVICE PERSONNEL

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SECTION 1

Base Rates of Overseas Allowance

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

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

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 Overseas Allowance

SECTION 3.

Rules Governing Overseas Allowance. 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. 1a\^/phi1 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

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

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

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

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

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 1avvphi1

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

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

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

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

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

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)

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

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

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

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