QuestionsQuestions (Republic Act No. 7157)
RA 7157 provides that the State shall pursue an independent foreign policy, and in relations with other states, the paramount considerations are national sovereignty, territorial integrity, national interest, and the right to self-determination.
The Act aims to reorganize and strengthen the Philippine Foreign Service by: upgrading qualifications of the Career Foreign Service Corps; strengthening its capability for studies/analysis for an independent foreign policy; ensuring broad representation and nondiscrimination; improving selection and training so only competent persons of good moral character are recruited; making promotions merit-based; guaranteeing permanence/security of tenure for career personnel during good behavior and satisfactory performance; providing suitable compensation and benefits; establishing a comprehensive and flexible administration framework; and consolidating foreign service administration laws into one act.
(a) Home office: DFA and its offices in the Philippines. (b) Post: Philippine embassies, missions, consulates general, and other foreign service establishments maintained by DFA. (c) Chief of mission: head of an embassy or diplomatic mission, or a person appointed by the President to such position, either in home office or foreign service. (d) Principal officer: head of a consulate or consulate general.
RA 7157 states the President shall appoint three (3) Undersecretaries upon recommendation of the Secretary. The Secretary designates one (1) of the Undersecretaries in his absence.
The Service consists of: (1) Chiefs of Mission, Class I and II; (2) Career Ministers; (3) Foreign Service Officers (Class I, II, III, IV); (4) Foreign Service Staff Officers (Class I, II, III, IV); (5) Foreign Service Staff Employees (Class I, II, III); (6) Alien or locally hired employees; and (7) Honorary Consuls.
Foreign service officers are commissioned as diplomatic and/or consular officers, and their official acts must be performed under such commissions. Diplomatic and consular titles are coterminous with their assignment at the post.
Class I foreign service officer: first secretary (diplomatic mission) or consul (consular establishment). Class II: second secretary or consul. Class III and Class IV: third secretary or vice-consul (as stated in the Act).
The Secretary designates chiefs of mission as assistant secretaries when assigned to head any of the eleven principal offices. Assistant secretary title is reserved for career chiefs of mission (with a transitional exception for incumbent non-career assistant secretaries until June 30, 1992 unless removed earlier).
RA 7157 requires a permanent staffing pattern enumerating definite numbers of position items in the budget for home office and each post. Appointments must strictly conform to the staffing pattern and only to specific existing vacant items; appointments in excess of budgeted items are null and void ab initio.
Recruitment into foreign service officer ranks is exclusively through open competitive examinations. The President extends initial appointments exclusively from the list submitted by the Secretary of those who passed. Initial appointments are to the lowest rank—Foreign Service Officer, Class IV. Declining an offered appointment within one (1) year requires retaking and passing the examinations.
After appointment, they undergo a one-year cadetship: six (6) months intensive classroom instruction on consular and diplomatic duties/responsibilities, followed by six (6) months on-the-job training.
The President nominates and, with the consent of the Commission on Appointments, appoints ambassadors extraordinary and plenipotentiary to head embassies/permanent missions. All ambassadorial appointments are to a particular post only.
A foreign service officer’s tour at any post abroad is six (6) years commencing on the date of arrival at the post, after which he serves in the home office. Similarly, staff officers/employees abroad serve six (6) years then serve in the home office. No assignment abroad after returning/recall unless at least three (3) years continuous and satisfactory service in the home office.
The Secretary periodically submits names and personal histories of newly recruited officers/employees for clearance to appropriate security agencies. Agencies must act with dispatch; if they fail to act within forty-five (45) days, clearance is deemed granted.
It conducts examinations and nominates successful candidates to the President through the Secretary for appointment as FSO Class IV; receives and screens applications; prescribes training and practical experiences; determines exam subjects; prepares, conducts, and grades written exams; certifies candidates with general average of at least 75% for oral exams; and may request assistance of competent officers for questions/grading.
FSO exams are open to citizens/permanent residents. Applicants must have a four-year bachelor’s degree and be below 36 years old and physically/psychologically fit. A person married to an alien may take the exams only with the written consent of the Secretary. Those with at least two (2) years holding a position of responsibility in DFA or the Institute may take the exams regardless of the maximum age limit.
Pending criminal case with the Sandiganbayan; lack of required length of service under Section 27 (except those with merit promotion); below “very satisfactory” rating covering the six-month period immediately before deliberations; and seeking political interference for promotion/assignment in a way that weakens foreign service principles.
Promotions made in violation of the Act are null and void with no force/effect; the persons promoted are deemed to have retained their old positions. Salaries/allowances derived from invalid promotions are subject to refund under the auditing provisions.