QuestionsQuestions (EXECUTIVE ORDER NO. 389)
It authorizes officials and employees of regular national government agencies and government-owned/controlled corporations to adopt per diem rates and allowances previously authorized under Executive Order No. 151 (as implemented by National Budget Circular No. 391, as amended), and it ratifies previous payments made under those issuances.
Officials and employees of the regular agencies/offices of the National Government and of other government-owned and/or controlled corporations that observe the National Position Classification and Compensation Plan, as covered by the relevant miscellaneous provision in National Budget Circular No. 391.
Executive Order No. 151 dated March 19, 1987, as implemented by National Budget Circular No. 391 dated October 6, 1987, as amended by National Budget Circular No. 391-A.
It means that while the authority to adopt the per diem rates and allowances is confirmed, officials and employees must still comply with all the conditions and limitations imposed under National Budget Circular No. 391 as amended by National Budget Circular No. 391-A.
It confirms the authority granted to certain agencies/offices (and GOCCs) to adopt specified per diem rates and allowances previously authorized under EO No. 151, now extending/confirming the same authority for officials and employees of regular national agencies/offices and other covered GOCCs.
To clarify that the adoption is confirmed subject to the amendments introduced by NBC No. 391-A, meaning the operative rules and conditions are those in NBC 391 as amended.
It ratifies and validates payment made based on the miscellaneous provision in NBC No. 391, considering such payments valid even before the issuance of EO No. 389.
No. Section 2 states those payments are considered valid (i.e., ratified) with the promulgation of EO No. 389.
It shall take effect immediately (per Section 3).
It cures any potential legal defect regarding the basis of those payments by retroactively validating them upon EO No. 389’s promulgation, as long as they were made pursuant to the cited issuances.
EO No. 389 does not list specific rate figures; it authorizes adoption of rates of per diem and allowances previously authorized under EO No. 151 and implemented/amended through NBC No. 391 and NBC No. 391-A.
They must observe the National Position Classification and Compensation Plan (as stated in Section 1).
EO No. 389 confirms and extends the authority grounded on that miscellaneous provision, and it ties the entitlement to adoption of rates to the terms and conditions in NBC 391 (as amended).
Covered agencies may adopt the authorized per diem and allowances rates consistent with NBC 391 (as amended), and prior compliance payments based on NBC 391 are validated, reducing the risk of disallowance for past payments.
Not necessarily. EO No. 389 covers regular agencies/offices of the National Government and other GOCCs, but it still requires that the officials/employees are observing the National Position Classification and Compensation Plan and that they fit within the EO’s coverage.