AN ACT REVISING REPUBLIC ACT NO. 708

Case Overview and Summary

Summary of the Philippine Foreign Service Act of 1991:

Declaration of Policy and Objective (Sections 3-4):
- Pursue an independent foreign policy based on national sovereignty, territorial integrity, national interest, and right to self-determination.
- Reorganize and strengthen the Philippine Foreign Service to upgrade qualifications, ensure representation, improve selection and training, provide merit-based promotions, guarantee tenure, and provide suitable compensation.

Definition of Terms (Section 5):
- Defines key terms like "Government", "Constitution", "President", "Department", "Institute", "Secretary", "Undersecretary", "Government agency", "Service", "Home office", "Post", "Chief of mission", and "Principal officer".

Categories of Personnel (Sections 7-10):
- The Service consists of Chiefs of Mission, Career Ministers, Foreign Service Officers (Classes I-IV), Foreign Service Staff Officers (Classes I-IV), Foreign Service Staff Employees (Classes I-III), alien or locally hired employees, and honorary consuls.
- Defines designations and roles of Foreign Service Officers in foreign service and home office.
- Establishes a Foreign Service Staff Corps to provide support services.

Appointments (Sections 14-25):
- Initial appointment of Foreign Service Officers through open competitive examinations, followed by a one-year cadetship program (Sections 14-15).
- The President appoints ambassadors extraordinary and plenipotentiary, with a majority of diplomatic and permanent missions headed by career ambassadors (Sections 16-17).
- Provisions for reinstatement of former Foreign Service Officers (Section 18).
- Appointment of Foreign Service Staff Officers and Employees through competitive examinations and Civil Service rules (Sections 19-20).
- Requirements for Philippine citizenship, permanent residency, and auditing of appointments (Sections 21-22).
- Compulsory retirement at age 65, with exceptions for non-career chiefs of mission until June 30, 1992 (Section 23).
- Appointment and transfer of alien or locally hired employees (Section 24).
- Appointment of honorary consuls in areas without Philippine embassies or consulates (Section 25).

Promotions (Sections 26-35):
- The Secretary furnishes the President with names of qualified Foreign Service Officers for promotion, based on recommendations from the Board of Foreign Service Administration (Section 26).
- Minimum service requirements and examinations for promotion to higher ranks (Sections 27-28).
- Determination of seniority and provisions for lateral entry (Sections 29-30).
- Promotion of Foreign Service Staff Officers and Employees based on recommendations from the Board of Foreign Service Administration (Section 31).
- Provisions for promotion of senior staff officers in salary and allowances (Section 32).
- Establishment of a performance evaluation system and auditing requirements for promotions (Sections 33-35).

Assignments and Transfers (Sections 36-39):
- Initial service in the home office for at least 3 years before foreign assignment (Section 36).
- Tour of duty of 6 years at any post, followed by service in the home office (Section 37).
- Rotation plan for alternating service in diplomatic, consular posts, and home office (Section 38).
- Security clearance requirements for foreign assignments (Section 39).

Attaches (Sections 40-45):
- Designation of regular attaches from Foreign Service Officers and Staff Officers (Section 40).
- Assignment and accreditation of service attaches and representatives from other government agencies (Sections 41-42).
- Relationship between chiefs of mission/principal officers and service attaches/representatives (Sections 43-44).
- Establishment of an Inter-department Committee for uniform rules and regulations (Section 45).

Board of Foreign Service Examinations (Sections 46-49):
- Composition and functions of the Board, including conducting examinations and nominating candidates for Foreign Service Officer appointments (Sections 46-47).
- Qualifications of applicants for Foreign Service Officer examinations, including age limit of 36 years (Section 48).
- Provision for assigning staff to assist the Board (Section 49).

Board of Foreign Service Administration (Sections 50-55):
- Composition and functions of the Board, including making recommendations on policies, procedures, promotions, discipline, and separation from service (Sections 50-51).
- Prohibitions and disqualifications for Board members (Sections 52-53).
- Provisions for disciplinary actions and separation from service (Sections 54-55).

Foreign Service Institute (Sections 56-59):
- Composition and functions of the Institute, including training, research, and serving as a consultant on foreign policies and programs (Sections 56-57).
- Operations and annual performance report of the Institute (Sections 58-59).

Foreign Information Council (Section 60):
- Establishment of a Foreign Information Council to provide policy guidance on overseas information and communication strategies.

Salaries (Section 61):
- The President, upon recommendation of the Secretary, shall recommend to Congress a scale of salaries for officers and employees, subject to periodic review.

Insurance and Retirement System (Section 62):
- Compulsory insurance coverage under the Government Service Insurance System for permanent Filipino officers and employees.
- Provision for a foreign affairs retirement and disability system, subject to enactment by Congress.

Allowances, Per Diems, Travel Expenses, and Benefits (Sections 63-82):
- Establishment of a system of allowances, including overseas allowance, living quarters allowance, clothing allowance, post allowance, representation allowance, education allowance, medical allowance, family allowance, and relocation allowance (Sections 63-74).
- Provisions for per diems, service allowance in lieu of per diems, and computation of per diems (Sections 75-77).
- Entitlement to economy class transportation for officers, employees, and their families (Section 78).
- General benefits, including medical services and comprehensive health insurance coverage (Section 79).
- Provisions for various types of leaves, including vacation leave, sick leave, home leave, and accumulation of leaves (Section 80).
- Exemption from taxation for allowances, per diems, benefits, and personal and household effects, including one used motor car (Section 81).
- Application of the Foreign Service Compensation Plan (Section 82).

Final Provisions (Sections 83-91):
- Authorization for the Secretary to organize the Department and Foreign Service in accordance with the Act (Section 83).
- Use of savings for expenses related to evacuation, repatriation, return passage, and contingencies (Section 84).
- Establishment of a pool of Foreign Service Officers in the budget (Section 85).
- Authorization to charge a service fee for passport processing beyond regular office hours, with fees constituting a Passport Revolving Fund (Section 86).
- Authority for the Secretary to issue rules and regulations, including a code of conduct and decorum (Section 87).
- Authorization for appropriations to provide for salaries and allowances of ambassadors appointed outside the Career Foreign Service Corps (Section 88).
- Separability clause, repealing clause, and effectivity clause (Sections 89-91).