QuestionsQuestions (EXECUTIVE ORDER NO. 239)
EO No. 239 reorganizes the DFA “structurally and functionally” to align with the President’s constitutional mandate to continue government reorganization after ratification of the 1987 Constitution. It cites Article II, Section 1 of the Provisional Constitution, Article XVIII, Sections 16 and 6 of the 1987 Constitution, and notes the prior signing (and suspension of implementation) of EO No. 132.
The DFA shall advise and assist the President in planning, organizing, directing, coordinating, integrating, and evaluating the total national effort in the field of foreign relations.
Examples include: conducting the country’s foreign relations in accordance with Presidential policies; maintaining/developing representation with foreign governments; conducting Philippine representation in the UN, ASEAN, and other international/regional organizations; serving as a channel for matters involving foreign relations and official communications; negotiating treaties and other agreements pursuant to instructions of the President; protecting and assisting Filipinos abroad; and monitoring/analyzing events in other countries and reporting them, as appropriate.
The authority and responsibility are vested in the Secretary of Foreign Affairs, appointed by the President, who has supervision and control over the Department and the Foreign Service.
The Secretary may designate certain Chiefs of Mission as Special Advisers for specific areas on home assignment, and may create advisory boards and committees necessary to assist and provide advice in formulating substantive policies and other bodies required by existing laws, rules, and regulations.
Two (2) Undersecretaries, appointed by the President upon recommendation of the Secretary. Six (6) Assistant Secretaries, also appointed by the President upon recommendation of the Secretary.
Department Proper includes the Office of the Secretary, under which are: Office of the Legal Adviser; Office of the Coordination and Policy Planning; Office of Data Banking and Communication; Office of Protocol, State and Official Visits; and Office of Intelligence and Security. Certain agencies/units (Foreign Service Institute, UNESCO National Commission, Technical Assistance Council, and the offices under the two Undersecretaries and Assistant Secretaries) are likewise arranged as described in the EO.
It provides legal advice and services to the Department. The Legal Adviser is headed by a career Chief of Mission (or may be appointed from outside the career service by the President upon the Secretary’s recommendation, with assimilated rank and specified eligibility and co-terminus term rules).
It establishes and maintains a modern data center and computerized foreign-relations data bank; develops domestic and foreign service communications systems; establishes records systems for the entire Department; provides technical assistance within its competence; and performs other related functions assigned by the Secretary.
It coordinates preparations for state visits and the reception of foreign heads of state/government and top dignitaries, including official visits abroad by Philippine officials. It handles protocol, ceremonials and socials, and ensures observance/enforcement of formalities, courtesies, facilities, immunities and privileges under the Vienna Convention on Consular Relations and other applicable agreements.
It adopts a system of information gathering and analysis, liaises with the intelligence community, and provides security services in the Department. It also enforces and monitors security procedures in the Department and Foreign Service establishments.
It continues to operate under its charter but is revitalized as the Department’s training, research, and career development arm, and becomes an integral participant in the Department’s planning review process.
The Law of the Sea Secretariat is transferred from the defunct Office of the Prime Minister to the DFA. The SOCCOM, IATC-TCDC, and PITCHEM inter-agency technical committees are transferred from NEDA to the DFA.
The Secretary must submit: (1) a new classification of diplomatic and consular establishments using criteria such as national interests, number of Filipino resident nationals, geopolitical significance, and historical-cultural considerations (to be reviewed over time); (2) a rotation plan strictly adhering to best-preparation/training placement and existing rotation policy; and (3) recommendations on consolidation and creation of diplomatic/consular posts, plus measures for efficient supervision/control of foreign service posts and attached agencies.
Transferred units’ personnel continue in a hold-over capacity and receive corresponding salaries/benefits. Those whose positions are not included in the Department’s new position structure and staffing pattern approved/prescribed by the Secretary (or who are not reappointed) are deemed separated and entitled to benefits under EO No. 239’s separation/benefits rule in Section 25’s second paragraph. Those in abolished units or functions not absorbed similarly continue in hold-over capacity, and become deemed separated if not included or not reappointed.
They receive retirement benefits they may be entitled to under existing laws, rules, and regulations. Otherwise, they are paid the equivalent of one-month basic salary for every year of service (or fraction thereof), computed based on the highest salary for each year of service, and with the rule that the fraction payment that exceeds the equivalent of 12 months’ salary is paid as such.
Section 27: If the reorganization change materially prejudices third persons with rights recognized by law or contract such that notice/consent of creditors is required under agreements, notice or consent must be complied with before implementation. Section 28: No change in the prescribed reorganization is valid unless there is prior Presidential approval for promoting efficiency and effectiveness in the delivery of public services.
Funding (Sec. 29): funds needed come from those available in the Department. Implementation authority (Sec. 30): the Secretary must issue rules/regulations/issuances needed for efficient and effective implementation and may establish/transfer/restructure organizational units, but such changes must be consistent with the EO’s purposes of simplicity, efficiency, and economy in public service delivery.