Executive Order No. 461 (2005)

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:

RANK RATE

IN US DOLLARS

From To

Chief of Mission

Head of Diplomatic Post 43,391 69,599

Others, including Consul General 37,731 60,521

Career Minister 32,809 52,626

Foreign Service Officer

Class I 28,530 45,762

Class II 25,936 41,601

Class III 23,578 37,819

Class IV 21,435 34,382

Foreign Service Staff Officer

Class I 21,435 34,382

Class II 20,414 32,744

Class III 19,442 31,185

Class IV 18,516 29,700

Foreign Service Staff Employee

Class I 16,833 27,000

Class II 16,031 25,714

Class III 15,268 24,490

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/POST PERCENTAGE

From To

Argentina Buenos Aires 116 82

Australia Canberra 106 90

Melbourne 106 90

Sydney 106 90

Austria Vienna 130 96

Bahrain Manama 113 91

Bangladesh Dhaka 90 77

Belgium Brussels 128 94

Brazil Brasilia 93 82

Brunei Bandar Seri Begawan 90 75

Cambodia Phnom Penh 91 75

Canada Montreal 95 93

Ottawa 95 91

Toronto 95 93

Vancouver 95 91

Winnipeg 95 91

Chile Santiago 93 82

China Beijing 92 89

Guangzhou 92 89

Hong Kong SAR 98 100

Shanghai 92 89

Xiamen 92 89

CNMI Saipan 102 86

Cuba Havana 112 85

Czech Republic Prague 89 90

Egypt Cairo 92 76

France Paris 128 98

Gabon Libreville 140 93

Germany Berlin 128 98

Bonn 128 93

Hamburg 128 92

Greece Athens 112 89

Hungary Budapest 89 92

India New Delhi 84 79

Indonesia Jakarta 101 81

Manado 67 70

Iran Tehran 100 83

Iraq Baghdad 113 84

Ireland Dublin — 95

Israel Tel-Aviv 130 90

Italy Milan 136 96

Rome 136 96

Japan Osaka 162 128

Tokyo 162 128

Jordan Amman 113 77

Kenya Nairobi 93 78

Kuwait Kuwait City 113 81

Laos Vientiane 91 80

Lebanon Beirut 130 90

Libya Tripoli 113 82

Malaysia Kuala Lumpur 91 75

Mexico Mexico City 93 85

Micronesia Pohnpei 102 86

Myanmar Yangon 82 83

Morocco Rabat 115 83

Netherlands The Hague 128 93

New Zealand Wellington 110 90

Nigeria Abuja 130 93

Norway Oslo — 105

Oman Muscat 113 81

Pakistan Islamabad 89 80

Palau Koror 102 86

Papua New Guinea Port Moresby 102 88

Peru Lima 93 78

Poland Warsaw 89 85

Portugal Lisbon — 87

Qatar Doha 113 79

Romania Bucharest 89 81

Russia Moscow 130 95

Saudi Arabia Jeddah 113 86

Riyadh 113 86

Senegal Dakar 131 91

Singapore Singapore 98 80

South Africa Pretoria 105 92

South Korea Seoul 108 107

Spain Barcelona 128 94

Madrid 128 94

Sri Lanka Colombo 82 77

Sweden Stockholm 142 99

Switzerland Berne 142 107

Geneva 142 107

Thailand Bangkok 91 77

Timor-Leste Dili 101 89

Turkey Ankara 113 86

U.A.E. Abu Dhabi 113 86

Dubai — 86

United Kingdom London 136 100

U.S.A. Agana 102 100

Chicago 97 100

Honolulu 110 100

Houston 94 100

Los Angeles 95 100

New Orleans 93 100

New York 100 100

San Diego 93 100

San Francisco 93 100

Seattle 96 100

Washington, D.C. 96 100

Vatican Holy See 136 96

Venezuela Caracas 93 82

Vietnam Hanoi 84 79

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:

RANK RATE IN US DOLLARS

With Family Without Family

From To From To

Chief of Mission

Head of Diplomatic Post 33,984 42,871 27,777 35,041

Others including Consul General 28,318 35,723 23,146 29,199

Career Minister 24,625 31,064 20,130 25,394

Foreign Service Officer

Class I 22,389 28,244 18,296 23,080

Class II 20,352 25,674 16,636 20,986

Class III 18,503 23,341 15,124 19,079

Class IV 16,820 21,218 13,747 17,342

Foreign Service Staff Officer

Class I 16,820 21,218 13,747 17,342

Class II 15,290 19,288 13,094 16,518

Class III 14,563 18,371 12,470 15,731

Class IV 13,869 17,496 11,875 14,980

Foreign Service Staff Employee

Class I 12,579 15,868 10,771 13,588

Class II 12,579 15,868 10,771 13,588

Class III 12,579 15,868 10,771 13,588

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:

COUNTRY/POST PERCENTAGE

From To

Argentina Buenos Aires 85 90

Australia Canberra 95 97

Melbourne 100 100

Sydney 100 100

Austria Vienna 120 130

Bahrain Manama 98 100

Bangladesh Dhaka 55 65

Belgium Brussels 120 130

Brazil Brasilia 105 110

Brunei Bandar Seri Begawan 85 95

Cambodia Phnom Penh 85 90

Canada Montreal 100 100

Ottawa 100 102

Toronto 102 102

Vancouver 100 102

Winnipeg 100 100

Chile Santiago 85 90

China Beijing 90 95

Guangzhou 100 100

Hong Kong SAR 110 115

Shanghai 90 100

Xiamen 90 95

CNMI Saipan 100 100

Cuba Havana 90 100

Czech Republic Prague 95 130

Egypt Cairo 90 95

France Paris 120 130

Gabon Libreville 120 100

Germany Berlin 120 130

Bonn 120 130

Hamburg 120 130

Greece Athens 102 130

Hungary Budapest 95 130

India New Delhi 60 70

Indonesia Jakarta 95 95

Manado 60 70

Iran Tehran 90 95

Iraq Baghdad 110 100

Ireland Dublin — 130

Israel Tel-Aviv 120 125

Italy Milan 120 130

Rome 120 130

Japan Osaka 145 150

Tokyo 145 150

Jordan Amman 98 100

Kenya Nairobi 78 90

Kuwait Kuwait City 98 100

Lao Republic Vientiane 60 70

Lebanon Beirut 120 125

Libya Tripoli 98 100

Malaysia Kuala Lumpur 85 90

Mexico Mexico City 110 115

Micronesia Pohnpei 100 100

Morocco Rabat 95 100

Myanmar Yangon 60 70

Netherlands The Hague 110 130

New Zealand Wellington 112 115

Nigeria Abuja 70 90

Norway Oslo — 130

Omar Muscat 98 100

Pakistan Islamabad 60 70

Palau Koror 100 100

Papua New Guinea Port Moresby 110 115

Peru Lima 78 90

Poland Warsaw — 130

Portugal Lisbon — 130

Qatar Doha 98 100

Romania Bucharest 95 130

Russia Moscow 95 130

Saudi Arabia Jeddah 95 100

Riyadh 95 100

Senegal Dakar 120 100

Singapore Singapore 100 100

South Africa Pretoria 95 100

South Korea Seoul 120 125

Spain Barcelona — 130

Madrid 120 130

Sri Lanka Colombo 60 70

Sweden Stockholm 120 130

Switzerland Berne 120 130

Geneva 120 130

Thailand Bangkok 85 95

Timor-Leste Dili 95 100

Turkey Ankara 100 110

U.A.E. Abu Dhabi 98 100

Dubai 98 100

United Kingdom London 120 130

U.S.A. Agana 100 100

Chicago 100 100

Honolulu 110 110

Houston 90 100

Los Angeles 95 100

New Orleans 90 100

New York 100 100

San Diego 90 100

San Francisco 95 100 1awp++i1

Seattle 95 100

Washington, D.C. 100 100

Vatican Holy See 120 130

Venezuela Caracas 110 115

Vietnam Hanoi 60 70

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

From To

Chief of Mission (not Head of Post) $4,000.00 $6,000.00

Career Minister 3,000.00 4,500.00

FSO I 2,400.00 3,600.00

FSO II 1,800.00 2,700.00

FSO III 1,200.00 1,800.00

FSO IV 1,200.00 1,800.00

FSSO I 960.00 1,440.00

Other duly authorized by the Secretary 960.00 1,440.00

3.1.2 Medium Cost Posts

From To

Chief of Mission (not Head of Post) $2,400.00 $3,600.00

Career Minister 2,400.00 3,600.00

FSO I 1,920.00 2,880.00

FSO II 1,440.00 2,160.00

FSO III 960.00 1,440.00

FSO IV 960.00 1,440.00

FSSO I 720.00 1,080.00

Others duly authorized by the Secretary 720.00 1,080.00

3.1.3 Low Cost Posts

From To

Chief of Mission (not Head of Post) $1,800.00 $2,700.00

Career Minister 1,800.00 2,700.00

FSO I 1,400.00 2,100.00

FSO II 1,080.00 1,620.00

FSO III 720.00 1,080.00

FSO IV 720.00 1,080.00

FSSO I 600.00 900.00

Others duly authorized by the Secretary 600.00 900.00

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.

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