Title
Supreme Court
Foreign Travel Authority and Entitlement Rules
Law
Memorandum Circular No. 35
Decision Date
Oct 2, 2023
A Philippine Jurisprudence case clarifies and reinforces rules and regulations on foreign travel authorities, travel entitlements, and travel tax exemptions for government officials and employees, aiming to prevent misuse and ensure compliance and accountability.

Q&A (MEMORANDUM CIRCULAR NO. 35)

Members of the Cabinet and officials of equivalent rank; heads of government-owned and controlled corporations (GOCCs) and government financing institutions (GFIs) under or attached to the Office of the President; and heads of agencies under or attached to the Office of the President.

The trip's purpose must be strictly within the mandate of the requesting official; projected expenses should not be excessive; and the trip is expected to bring substantial benefit to the country.

Requests must clearly state the destination, duration, purposes, justifications, and chargeability of expenses, and include supporting documents as per Annex A for heads of departments/GOCCs/GFIs, Annex B for other officials and personnel, and Annex C for travel tax exemptions of private individuals/groups.

At least ten (10) working days before the scheduled departure date, or in extremely justifiable cases, not later than two (2) working days before departure.

DSA shall be based on the UNDP monthly rates apportioned as 50% accommodations, 30% meals, and 20% incidental expenses; reimbursement for accommodation can exceed the DSA but not more than 130%; airfares are limited to economy class except for long-haul trips (business class allowed); and representation allowance limits apply.

They must duly accomplish the requisite leave forms and obtain the appropriate travel authorization from their respective agencies, even if the travel is at no cost to the government.

Requests for travel authority, entitlements, or travel tax exemption may be denied or not processed; administrative cases for misconduct or related offenses may be filed against officials; and other liabilities and personnel actions under existing laws may apply.

The Bureau of Immigration is directed to strictly enforce the provisions of the Circular and promulgate necessary rules and regulations to fulfill its objectives.

Among others, invitations/notices of meetings, confirmation of meeting dates, administrative arrangements, itemized statements of expenses, flight itineraries, schedules of activities, justifications for excess hotel and airfare allowances, list of delegation members, and advice on the designated Officer-in-Charge.

No, officials traveling abroad solely for speaking engagements are not entitled to representation allowances.

One Thousand US Dollars (US$1,000.00) not including other entitlements.

Only in highly meritorious circumstances such as the unavailability of qualified employees in highly technical and specialized fields, with written justification submitted by the requesting agency.

Airfares may be authorized as business class for long-haul flights exceeding four (4) hours (excluding lay-overs), otherwise economy class is mandated.


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