QuestionsQuestions (MEMORANDUM CIRCULAR NO. 35)
It clarifies and reinforces existing rules on foreign travel authorities, travel entitlements, and travel tax exemptions, specifically requiring approval of the Office of the President (OP) for certain officials and ensuring strict compliance with documentary, lead-time, and entitlement criteria.
(a) The purpose must be strictly within the mandate of the requesting official/personnel; (b) projected expenses must not be excessive; and (c) the trip is expected to bring substantial benefit to the country.
EO No. 459 identifies OP as approving authority for: (a) members of the Cabinet and officials of equivalent rank; (b) heads of GOCCs and GFIs under/attached to the OP; and (c) heads of agencies under/attached to the OP.
Per the circular, EO No. 298 subjects—depending on the amount and nature—official transportation other than restricted economy class and reimbursement of actual travel expenses in excess of the standard DSA even for certain officials not covered by EO 459 to OP approval.
EO No. 283 exempts from travel tax: (1) officials and employees of the Philippine government traveling on official business; and (2) those authorized by the President for reasons of national interest.
The destination, duration, purposes, justifications, and chargeability of expenses must be clearly stated. The request must also state how the trip complies with the Section 1 minimum criteria.
Annex A requires, among others: invitations/meeting notices; confirmation of dates; administrative arrangements; itemized statement of expenses and their chargeability; flight itineraries; schedule of activities; justifications for hotel allowances based on actual rates exceeding UNDP DSA accommodations; business-class airfare and non-commutable representation allowances (with limits); list of Philippine delegation members; designation of Secretary/Head/OIC; and (if no cost to government) letters from sponsors stating what expenses they cover.
Annex B requires: invitations/notices; confirmation of dates; administrative arrangements; itemized statement with chargeability; flight itineraries; schedule of activities; justifications for hotel allowances exceeding UNDP DSA accommodations and for business-class airfare and non-commutable representation allowances (with specific dollar caps); certified true copies of Travel Authorities/Assignment Orders issued by their heads; and list of delegation members when applicable.
Annex C requires: (1) invitations to participate (competitions/performances/similar activities); and (2) endorsements by relevant government agencies concerned, with a statement on how the exemption advances national interest.
At least ten (10) working days prior to scheduled departure, or in extremely justifiable cases not later than two (2) working days. Late submissions are not entertained.
The request must be submitted to the Malacañang Records Office (MRO). The MRO may direct the requesting agency/official to proceed first to the General Government Administration Office of the OP for preliminary checking to ensure completeness before MRO acceptance.
DSA for accommodation/meals/incidental expenses is based on UNDP rates updated monthly. Unless otherwise stated in UNDP rates, DSA is apportioned as: 50% accommodations, 30% meals, and 20% incidental expenses.
Reimbursement for actual accommodation rates exceeding the DSA accommodation component may be allowed, but in no case may it exceed 130% of the prescribed UNDP accommodation rate.
Non-commutable representation allowance must not exceed the amounts stated in the annexes; it shall not be granted to officials traveling abroad for speaking engagements only, and for training/study.
Airfares for all government personnel are limited to economy class, except for long-haul trips defined as flights exceeding four (4) hours without counting layovers, in which case business class may be authorized.
(a) Private individuals; (b) consultants and/or persons engaged by contract of service by government agencies, except in highly meritorious circumstances with written justification (e.g., unavailability of qualified employees in highly technical/specialized fields); and (c) spouses or children of government officials, except when diplomatic protocol/practices provide otherwise.
It prohibits departure for any travel abroad for purely personal/private purpose without duly accomplished leave forms and obtaining the appropriate travel authorization from their agency.
Non-compliance is grounds for outright denial/non-processing of requests for foreign travel authority, travel entitlements, and/or travel tax exemption. It may also lead to administrative cases for misconduct/insubordination/related offenses under the Civil Service Commission Revised Rules on Administrative Cases or other relevant laws, filed against the personnel who travel without the requisite authority, without prejudice to other liabilities.
It directs the Bureau of Immigration to strictly enforce the circular’s provisions and promulgate necessary rules to accomplish the circular’s objectives (i.e., to prevent unauthorized foreign travel and ensure compliance at the border/immigration level).