AN ACT REVISING REPUBLIC ACT NO. 708, AS AMENDED

• Number: Republic Act No. 7157
• Sections: 182

Section 1 Title.

SECTION 1. Title. - This Act shall be known as the "Philippine Foreign Service Act of 1991."

Section 1-T

Section 1 - Title

Section 2 Table of Contents.

SEC. 2. Table of Contents. - The table of contents of this Act is as follows:

TABLE OF CONTENTS

Section 2-T

Section 2 - Table of Contents

Section 3 Declaration of Policy.

SEC. 3. Declaration of Policy. - The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Section 3-D

Section 3 - Declaration of Policy

Section 4 Objective.

SEC. 4. Objective. - The main objective of this Act is to reorganize and strengthen the Philippine Foreign Service in order to:

Upgrade the qualifications of the Career Foreign Service Corps and thereby enable its officers and employees to serve effectively the interests of the Republic of the Philippines abroad;

Strengthen the capability of the Career Foreign Service Corps to conduct studies, analyses and evaluation of events, both domestic and international, that will serve as guidelines for achieving an independent foreign policy for the country;

Ensure broad representation of the Philippine society in the foreign service and, further, to ensure equal opportunities in the enlistment and recruitment of officers and employees taking into account the ethnic composition of the country;

Institute improvements in the selection and training of personnel so that only competent persons of good moral character are recruited in the Service;

Provide that promotions in the Service shall be on the basis of merit;

Guarantee permanence or security of tenure of the career personnel of the Service during good behavior and satisfactory performance of duty;

Provide suitable salaries, allowances and benefits that will attract personnel from all walks of Philippine life and to appoint persons to the highest positions in the Service solely on the basis of merit and demonstrated capability in the promotion of national interests;

Provide a comprehensive and flexible framework administration of the foreign service consistent with modern practices in this field; and

Consolidate into one act all provisions of the law relating to the administration of the foreign service.

In pursuance of the foregoing objective, the principle of nondiscrimination with respect to sex, creed, language, ethnic identity and religion shall be strictly enforced.

Section 4-O

Section 4- Objective

Section 5 Definition of Terms.

SEC. 5. Definition of Terms. - When used in this Act, the term:

"Government" means the Government of the Philippines;

"Constitution" means the 1987 Constitution of the Philippines;

"President" means the President of the Philippines;

"Department" means the Department of Foreign Affairs;

"Institute" means the Foreign Service Institute;

"Secretary" means the Secretary of Foreign Affairs;

"Undersecretary" means the Undersecretary of Foreign Affairs;

"Government agency" means any executive branch of the Philippine Government, or any corporation owned or controlled by the Government of the Philippines;

"Service" means the Foreign Service of the Philippines which includes all officers and employees of the Department of Foreign Affairs in the home office and/or foreign service;

"Home office" means the Department of Foreign Affairs and its offices in the Philippines;

"Post" means all Philippine embassies, missions, consulates general and other foreign service establishments maintained by the Department of Foreign Affairs;

"Chief of mission" means the head of an embassy or other diplomatic missions of the Philippines, or any person appointed by the President to such position, whether serving in the home office or foreign service; and

"Principal officer" means the head of a consulate or consulate general of the Philippines.

Section 5-D

Section 5- Definition of Terms

Section 6 Undersecretaries.

SEC. 6. Undersecretaries. - Upon recommendation of the Secretary, the President shall appoint three (3) undersecretaries to advise and assist the Secretary in the formulation and implementation of the Department objectives and policies, and to coordinate and oversee the operational activities of the Department of Foreign Affairs.

The Secretary shall designate one (1) of the undersecretaries in his absence.

Section 6-U

Section 6 - Undersecretaries

Section 7 Categories of Personnel.

SEC. 7. Categories of Personnel. - The Service shall consist of the following categories of officers and employees:

Chiefs of Mission, Class I and II;

Career Ministers;

Foreign Service Officers, Class I, II, III, and IV;

Foreign Service Staff Officers, Class I, II, III, and IV;

Foreign Service Staff Employees, Class I, II, and III;

Alien or locally hired employees; and

Honorary Consuls.

Section 7-C

Section 7- Categories of Personnel

Section 8 Designations of Foreign Service Officers in the Foreign Service.

SEC. 8. Designations of Foreign Service Officers in the Foreign Service. - In the Service, foreign service officers shall be commissioned as diplomatic or consular officers, or both, and all the official acts of these officers shall be performed under such commissions. Diplomatic and consular titles shall be coterminous with the assignment at the post.

A chief of mission shall be assigned as ambassador extraordinary and plenipotentiary to head a diplomatic mission, or as deputy head of mission or as consul general to head a consular establishment.

A career minister shall be assigned as career minister in a diplomatic mission or as consul general to head a consular establishment.

A foreign service officer, class I, shall be assigned as first secretary in a diplomatic mission or consul in a consular establishment.

A foreign service officer, class II, shall be assigned as second secretary in a diplomatic mission or consul in a consular establishment.

A foreign service officer, class III, shall be assigned as third secretary in a diplomatic mission or vice-consul in a consular establishment.

A foreign service officer, class IV, shall be assigned as third secretary in a diplomatic mission or vice-consul in a consular establishment.

In a diplomatic post where there is a consular section, foreign service officers may be designated as both diplomatic and consular officers.

Section 8-D

Section 8 - Designations of Foreign Service Officers in the Foreign Service

Section 9 Designations of Foreign Service Officers in the Home Office.

SEC. 9. Designations of Foreign Service Officers in the Home Office. - A chief of mission shall be designated by the Secretary as assistant secretary when assigned to head any of the eleven (11) principal offices of the Department. These offices are: Office of American Affairs; Office of Asia and Pacific Affairs; Office of European Affairs; Office of Middle East and African Affairs; Office of Administration, Protocol and Personnel Services; Office of Fiscal Management; Office of ASEAN Affairs; Office of United Nations and International Organizations; Office of Consular Affairs; Office of Legal Affairs; and Office of Policy Planning and Coordination. The Secretary is hereby authorized to review and realign periodically the principal offices of the Department in order to effectively meet the requirements of the Service.

The Director of the Foreign Service Institute shall also have the title of assistant secretary.

Chiefs of mission designated as assistant secretaries shall retain their items as chiefs of mission. The post of assistant secretary shall be reserved for career chiefs of mission: Provided, however, That all incumbent assistant secretaries who are non-career officials shall continue to hold office until June 30, 1992 unless sooner removed by the President. Thereafter, only career officials may be appointed assistant secretaries.

A career minister may be designated as executive director of an office.

A foreign service officer, class I, may be designated as division director.

A foreign service officer, class II, may be designated as assistant division director.

A foreign service officer, class III, may be designated as assistant division director.

A foreign service officer, class IV, may be designated as assistant division director.

A foreign service officer in any class, including chiefs of mission and career ministers, may be designated as special assistant to the Secretary or the Undersecretary.

A foreign service officer below the rank of chief of mission may be designated as principal assistant in any office.

Any assignment in the home office requiring a rank higher than the actual rank of the officer assigned shall be in an acting capacity.

Section 9-D

Section 9- Designations of Foreign Service Officers in the Home Office

Section 10 Foreign Service Staff Personnel.

SEC. 10. Foreign Service Staff Personnel. - There shall be a Service Staff Corps to provide the skills, technical assistance and support services in the home office and the foreign service.

Section 10-F

Section 10- Foreign Service Staff Personnel

Section 11 Staffing Pattern and Appointments.

SEC. 11. Staffing Pattern and Appointments. - The Department shall maintain a permanent staffing pattern for the home office and for each post in the foreign service which shall enumerate a definite number of position items in the budget of the Department for all categories of officers and employees: Provided, That the staffing pattern may be modified by the Secretary when necessitated by the opening of new posts in the foreign service or new office by the home office as may be required by a reorganization of the Department approved by the President: Provided, further, That the modification shall be incorporated in the budget. The number of appointments to all categories of positions shall strictly conform to the staffing pattern. Appointments may be made only to specific existing vacant items. Appointments in excess of the number of items in the budget shall be null and void ab initio. An appointment, including the appointment of a non-career officer and initial and promotional appointment of a career officer, shall be valid only if it expressly indicates the specific number of the item in the budget. The appointment must bear the date when it was signed, and the Department must certify that the item is vacant on the specified date.

Section 11-S

Section 11- Staffing Pattern and Appointments

Section 12 Establishment of Foreign Service Posts.

SEC. 12. Establishment of Foreign Service Posts. - The national interest and security shall be the paramount consideration in the establishment of embassies, missions, consulates general and other foreign service establishments maintained by the Department and the priority areas shall be in the countries where the following exist:

Extending diplomatic, financial, material, humanitarian support and other expressions of solidarity;

Favorable trade relations and investments currently exist or prospects for trade and investments are favorable;

A considerable number of Filipino citizens; and

Adherence to the principle of reciprocity and where such is extended to us.

The Secretary shall define the territorial limits of consular jurisdictions.

Section 12-E

Section 12- Establishment of Foreign Service Posts

Section 13 Promotion of Philippine Arts and Culture.

SEC. 13. Promotion of Philippine Arts and Culture. - All Service establishments abroad shall promote Philippine arts and culture, works of art of Filipino artists and Philippine products, including paintings, records, books and literature on Philippine history and culture, which shall be used, displayed and exhibited in these offices. Whenever practicable, Philippine products shall be used to furnish these offices.

All gifts given by reason of official and social functions of the foreign service establishments shall be products sourced from the Philippines. The Secretary shall provide in the annual budget of the Department such amount as is necessary to cover the cost of acquisition, display and exhibition of these works.

Title IIAPPOINTMENTS

Part A. Foreign Service Officers

Section 13-P

Section 13- Promotion of Philippine Arts and Culture

Section 14 Initial Appointment of Foreign Service Officers.

SEC. 14. Initial Appointment of Foreign Service Officers. - Consistent with the goal of developing and strengthening the Career Foreign Service Corps, recruitment into the ranks of foreign service officers shall be exclusively through open competitive examinations to determine the competence, fitness and aptitude of candidates for foreign service work. No person shall be eligible for appointment as a foreign service officer unless he has passed these examinations and demonstrated his loyalty to the Republic of the Philippines and adheres to the principles of the Constitution. The President shall extend initial appointments of foreign service officers exclusively from the list submitted by the Secretary containing the names of those who passed the examinations. Such initial appointments shall be to the lowest rank of foreign service officer, class IV. Any person who, after having passed the examinations, declines to accept an initial appointment as foreign service officer within a period of one (1) year from the date he was offered the appointment shall be required to take and pass the examinations again in order to be eligible for an initial appointment.

All appointments of foreign service officers shall be to a class and not to a particular post.

Section 14-I

Section 14- Initial Appointment of Foreign Service Officers

Section 15 Internship Program.

SEC. 15. Internship Program. - Immediately following their appointments as foreign service officers, class IV, the individuals concerned shall undergo a one-year cadetship. The program shall consist of six (6) months intensive classroom instructions on all aspects of consular and diplomatic duties and responsibilities. The next six (6) months shall cover an on the job training.

Section 15-I

Section 15- Internship Program

Section 16 Ambassadorial Appointments.

SEC. 16. Ambassadorial Appointments. - The President shall nominate and, with the consent of the Commission on Appointments, appoint ambassadors extraordinary and plenipotentiary to head embassies and permanent missions. All ambassadorial appointments shall be to a particular post only.

Career foreign service officers may be appointed by the President as ambassadors extraordinary and plenipotentiary and shall retain their items originally held prior to their appointments, after their tour of duty as ambassadors extraordinary and plenipotentiary: Provided, however, That, during their tour of duty as ambassadors extraordinary and plenipotentiary, they shall not be promoted to the next higher rank.

Section 16-A

Section 16- Ambassadorial Appointments

Section 17 Heads of Diplomatic and Permanent Missions.

SEC. 17. Heads of Diplomatic and Permanent Missions. - In order to strengthen the Career Foreign Service Corps and to enable it to respond to challenges in the field of international relations, the President shall be guided, as much as possible, by the principle that a majority of diplomatic and permanent missions shall be headed by career ambassadors.

Section 17-H

Section 17- Heads of Diplomatic and Permanent Missions

Section 18 Reinstatement of Foreign Service Officers.

SEC. 18. Reinstatement of Foreign Service Officers. - The President may, upon recommendation of the Secretary, reappoint to the Service a former foreign service officer who has served continuously for at least two (2) years in the Department, who has been separated from the Service by reason of appointment or election to some other position in the government service. The same privilege shall apply to a former foreign service officer who has been separated from the Service by reason of appointment to the United Nations or other recognized regional or international organizations and who has served continuously in said regional or international body for at least two (2) years up to the time of reappointment. The Secretary shall, taking into consideration the qualifications and experiences of the candidate for reappointment and the rank of his contemporaries in the Service, recommended the class to which the candidate shall be reappointed. Such reappointment shall be availed of only once and be subject to confirmation by the Commission on Appointments.

Part B. Foreign Service Staff Officers and Employees

Section 18-R

Section 18- Reinstatement of Foreign Service Officers

Part B. Foreign Service Staff Officers and Employees

Section 19 Appointments.

SEC. 19. Appointments. - The Secretary shall appoint all foreign service staff officers and foreign service staff employees in accordance with Civil Service rules and regulations. Recruitment on the foreign service staff officer level shall be made through a competitive examination open to personnel of the Department and outsiders, the successful candidates of which shall be certified by the Board of Foreign Service Examinations for appointment by the Secretary.

Section 19-A

Section 19- Appointments

Section 20 Civil Service Eligibility.

SEC. 20. Civil Service Eligibility. - No person shall be appointed foreign service staff officer or foreign service staff employee unless he is a civil service eligible: Provided, however, That priority shall be given to those who passed the examinations for foreign service staff officers and foreign service staff employees conducted by the Board of Foreign Service Examinations.

Part C. Provisions of General Application to All Officers

Section 20-C

Section 20- Civil Service Eligibility

Part C. Provisions of General Application to All Officers

Section 21 Philippine Citizenship and Permanent Residency.

SEC. 21. Philippine Citizenship and Permanent Residency. - No person shall be eligible for appointment to a permanent item in the career service to whatever rank or class who is not a citizen and permanent resident of the Philippines at the time of his appointment and, thereafter, for the entire duration of his tenure in the Department: Provided, That those who have secured permanent residence status in a foreign country cannot be appointed to a permanent item in the career service unless they have given up said status for at least one (1) year and established permanent residence in the Philippines for at least the same period.

Section 21-P

Section 21- Philippine Citizenship and Permanent Residency

Section 22 Auditing Requirements.

SEC. 22. Auditing Requirements. - The Department shall not authorize nor shall the Commission on Audit pass in audit payment of salaries and allowances of any person appointed to any position in the Department in violation of the requirements enumerated under Parts A, B and C, Title II of this Act. Any salary and allowance received on the basis of such invalid appointments shall be refunded by the persons so appointed.

Section 22-A

Section 22- Auditing Requirements

Section 23 Compulsory Retirement.

SEC. 23. Compulsory Retirement. - All officers and employees of the Department who have reached the age of sixty-five (65) shall be compulsorily and automatically retired from the Service: Provided, however, That all incumbent non-career chiefs of mission who are seventy (70) years old and above shall continue to hold office until June 30, 1992 unless sooner removed by the appointing authority. Non-career appointees who shall serve beyond the age of sixty-five (65) years shall not be entitled to retirement benefits.

Part D. Alien or Locally Hired Employees

Section 23-C

Section 23 - Compulsory Retirement

Part D. Alien or Locally Hired Employees

Section 24 Appointments and Transfers.

SEC. 24. Appointments and Transfers. - The Secretary may authorize chiefs of mission or principal officers to appoint alien or locally hired employees for their respective embassies and consulates: Provided, That Filipino citizens shall be given preference. Such employees, however, may not be transferred to another country but may be assigned from one office to another within the same country where originally appointed at the discretion of the chief of mission concerned.

Part E. Honorary Consuls

Section 24-A

Section 24- Appointments and Transfers

Part E. Honorary Consuls

Section 25 Appointments.

SEC. 25. Appointments. - The Secretary may appoint honorary consuls in areas where there are no Philippine embassies or consulates, under such regulations as may be prescribed by the Department. Honorary consuls shall be appointed from among qualified private persons preferably of Philippine citizenship to perform certain consular functions on a non-career basis. Honorary consuls are not given fixed salaries or allowances.

Title IIIPROMOTIONS

Part A. Foreign Service Officers

Section 25-A

Section 25- Appointments