Philippine Foreign Service Act 1991

Policy and objective of the Act

Section 3 declares that the State shall pursue an independent foreign policy, and that the paramount considerations in relations with other states are national sovereignty, territorial integrity, national interest, and the right to self-determination.
Section 4 sets the main objective to reorganize and strengthen the Philippine Foreign Service to:
- Upgrade the qualifications of the Career Foreign Service Corps so officers and employees can serve effectively abroad.
- Strengthen the Corps’ capability to conduct studies, analyses, and evaluation of events as guidelines for an independent foreign policy.
- Ensure broad representation of Philippine society in the foreign service and equal opportunities in enlistment and recruitment, accounting for the country’s ethnic composition.
- Improve selection and training so only competent persons of good moral character are recruited.
- Make promotions based on merit.
- Guarantee permanence or security of tenure during good behavior and satisfactory performance.
- Provide suitable salaries, allowances, and benefits to attract personnel and appoint persons to the highest positions solely on the basis of merit and demonstrated capability in promoting national interests.
- Institute a comprehensive and flexible framework for administration consistent with modern practices.
- Consolidate into one Act all provisions relating to administration of the foreign service.
Section 4 strictly enforces the principle of nondiscrimination with respect to sex, creed, language, ethnic identity, and religion.

Definitions and basic structure

Section 5 defines “Government” as the Government of the Philippines.
Section 5 defines “Constitution” as the 1987 Constitution of the Philippines.
Section 5 defines key terms including: President, Department (Department of Foreign Affairs), Institute (Foreign Service Institute), Secretary, Undersecretary, and Government agency.
Section 5 defines “Service” as the Foreign Service of the Philippines including all officers and employees of the Department in the home office and/or foreign service.
Section 5 defines “Post” as Philippine embassies, missions, consulates general, and other foreign service establishments maintained by the Department.
Section 5 defines “Chief of mission” and “Principal officer” as the heads of diplomatic missions/embassies and of consulates/consulates general, respectively.

Organization and personnel categories

Section 6 provides that upon recommendation of the Secretary, the President appoints three (3) undersecretaries to advise and assist the Secretary and to coordinate and oversee the Department’s operational activities.
Section 6 provides that the Secretary designates one (1) undersecretary to act in the Secretary’s absence.
Section 7 provides the Service consists of: Chiefs of Mission, Class I and II; Career Ministers; Foreign Service Officers (Classes I–IV); Foreign Service Staff Officers (Classes I–IV); Foreign Service Staff Employees (Classes I–III); Alien or locally hired employees; and Honorary Consuls.
Section 8 establishes that foreign service officers are commissioned as diplomatic or consular officers, and their official acts are performed under those commissions; diplomatic and consular titles match the assignment at the post.
Section 8 provides coterminous title assignments by class (e.g., Class I as first secretary/consul, Class II as second secretary/consul, Class III as third secretary/vice-consul, and Class IV as third secretary/vice-consul).
Section 10 provides for a Service Staff Corps to provide skills, technical assistance, and support services in the home office and foreign service.
Section 11 requires the Department to maintain a permanent staffing pattern listing definite budget position items for all categories, and provides strict limits on appointments tied to budget items.

Appointments and residency/citizenship limits

Section 14 requires recruitment into foreign service officer ranks exclusively through open competitive examinations to determine competence, fitness, and aptitude.
Section 14 bars appointment as a foreign service officer unless the candidate passed the examinations and demonstrated loyalty to the Republic and adherence to the principles of the Constitution.
Section 14 provides that initial appointments are extended by the President exclusively from the list submitted by the Secretary of those who passed the examinations, and initial appointments are to the lowest rank, foreign service officer class IV.
Section 14 requires that if a candidate declines an offered initial appointment within one (1) year from the offer date, the candidate must take and pass the examinations again to be eligible.
Section 14 provides that appointments of foreign service officers are to a class, not to a particular post.
Section 15 provides a required one-year cadetship immediately after class IV appointment, consisting of:
- Six (6) months intensive classroom instructions on consular and diplomatic duties and responsibilities; and
- Six (6) months on-the-job training.
Section 16 requires ambassadors extraordinary and plenipotentiary to be nominated and appointed by the President with the Commission on Appointments’ consent, and ambassadorial appointments are to a particular post only.
Section 16 allows career foreign service officers appointed as ambassadors to retain items held prior to appointment after their ambassadorial tour, but prohibits promotion to the next higher rank during the tour.
Section 18 allows reinstatement by the President upon recommendation of the Secretary only for former foreign service officers who:
- Have served continuously in the Department for at least two (2) years and were separated due to appointment/election to another government position; or
- Were separated due to appointment to the United Nations or other recognized regional/international organizations and served continuously there for at least two (2) years up to reappointment.
Section 18 provides reinstatement is available only once and is subject to confirmation by the Commission on Appointments.
Section 19 provides the Secretary appoints foreign service staff officers and foreign service staff employees under Civil Service rules, with recruitment for staff officer level through competitive examination open to department personnel and outsiders certified by the Board for appointment by the Secretary.
Section 20 bars appointment of foreign service staff officers or staff employees unless the appointee is a civil service eligible, and gives priority to those who passed Board examinations.
Section 21 bars eligibility for appointment to a permanent item in the career service unless the person is a citizen and permanent resident of the Philippines at appointment and for the entire tenure.
Section 21 provides that those who secured permanent residence abroad cannot be appointed to a permanent item unless they give up that status for at least one (1) year and establish permanent residence in the Philippines for at least the same period.

Staffing limits, appointment validity, and auditing controls

Section 11 requires the Department’s staffing pattern to enumerate a definite number of position items in the budget for all categories of officers and employees.
Section 11 allows modification of staffing patterns by the Secretary when opening new posts or new home office offices due to a reorganization approved by the President, but requires that modifications be incorporated in the budget.
Section 11 mandates that appointment numbers for all categories strictly conform to the staffing pattern and be only to specific existing vacant items.
Section 11 provides that appointments in excess of budget items are null and void ab initio.
Section 11 provides that an appointment is valid only if it expressly indicates the specific budget item number, bears the date signed, and the Department certifies the item is vacant on that date.
Section 22 bars the Department and the Commission on Audit from authorizing or passing in audit any salaries and allowances for appointments made in violation of Parts A, B, and C of Title II, and requires refund of salaries and allowances received under invalid appointments.
Section 35 repeats auditing control for invalid promotions by barring authorization/audit of salaries and allowances for promotions in violation of Title III provisions and requiring refunds.

Promotions, examinations, seniority, and evaluation

Section 26 requires the Secretary, based on Board recommendations, to furnish the President names of career service officers qualified for appointment to the next higher class from foreign service officer class IV up to chief of mission, class I.
Section 27 permits the Secretary to determine performance standards for each class that must be met before promotion eligibility.
Section 27 requires foreign service officers to render satisfactory service continuously for a minimum period of three (3) years in each class before eligible for promotion to the next higher class.
Section 27 allows exception promotions for those with exceptional and meritorious qualities and exemplary service.
Section 28 requires foreign service officers, class I, with at least two (2) years of very satisfactory service to pass an examination administered by the Board for eligibility to be appointed career ministers.
Section 29 provides seniority for career ministers and chiefs of mission (class I and II) has no internal grades classification; seniority is determined by original dates of appointment as career ministers and original entry into the Department.
Section 30 permits lateral entry into the Career Foreign Service Corps for individuals who passed written and oral examinations conducted by the Board but joined another government agency when offered class IV appointment, subject to conditions including:
- The period from initial offer and request for lateral entry must not exceed six (6) years.
- The applicant must have very satisfactorily served the other government agency for the same duration.
- Reappointment must be confirmed by the Commission on Appointments.
- Reappointed rank must not be higher than the rank of successful co-examinees who joined immediately after being offered appointment.
Section 31 provides that Board recommendations and lists govern promotion from foreign service staff employee, class III to foreign service staff officer, class I, and requires satisfactory continuous service for at least two (2) years in each class.
Section 32 provides eligible senior staff officers may be promoted in salary and allowances equivalent to the minimum salary and allowances of foreign service officer, class IV if they:
- Have rendered service in that position continuously for five (5) years and have a cumulative total of at least fifteen (15) years, and
- Have consistently received minimum efficiency rating of “very satisfactory”.
Section 32 further provides that for every additional six (6) years of continuous very satisfactory service, promotion in salary and allowances equivalent to the minimum salary and allowances of the next higher class may occur.
Section 33 requires the Secretary to prescribe a performance evaluation system used for periodic review and expressly for weeding out incompetent/sterile career personnel and abusive political appointees.
Section 34 provides that promotions made in violation of the Act are null and void and carry no effect; affected persons retain old positions and salaries/allowances are handled under Section 35.

Assignments, tours, transfers, security clearance

Section 36 requires that, except for non-career chiefs of mission appointed by the President, no Career Foreign Service Corps member is assigned abroad unless the officer has rendered continuous and satisfactory home office service for at least three (3) years, including an intensive familiarization program of Philippine conditions in urban and rural settings.
Section 37 sets tours of duty (subject to exigencies of the service):
- Foreign service officers at any post: six (6) years commencing on arrival, then home office service.
- Foreign service staff officers or employees at any post: six (6) years commencing on arrival, then home office service.
- Assignment abroad after return/recall requires at least three (3) years continuous and satisfactory home office service.
Section 37 allows recall to home office or dismissal from the Service at any time for unsatisfactory performance, certified by the head of post and approved by the Secretary upon recommendation of the Board of Foreign Service Administration.
Section 37 limits consecutive home office service for foreign service officers to no more than three (3) consecutive years, except when designated as Secretary, Undersecretary, or Assistant Secretary.
Section 38 requires the Secretary to establish an assignment/transfer system for alternately serving in diplomatic and consular posts in different regions and in the home office, excluding the non-career service and career appointees in home office positions that require longer duration.
Section 38 requires guidelines including financial implications, and provides Manila is treated as a separate post.
Section 38 mandates regular rotation and provides that no officer/employee is assigned to a post for less than two (2) years or more than six (6) years.
Section 38 bars assignment to the same post for two (2) consecutive tours unless the officer/employee served in other posts in other regions with foreign service establishments.
Section 38 limits hardship posts to not exceed three (3) years.
Section 38 requires that assignments abroad consider the Government’s area of concern so only personnel qualified and trained with basic knowledge of the language are assigned.
Section 39 requires the Secretary to periodically submit names and personal histories of newly recruited officers and employees for security clearance to appropriate government security agencies.
Section 39 provides that security agencies must act with dispatch; failure to act within forty-five (45) days is deemed a grant.

Attachés and inter-agency coordination

Section 40 requires the Secretary to designate attaches to posts abroad from the ranks of foreign service officers and foreign service staff officers.
Section 41 provides that assignment and accreditation of service attaches or representatives from other departments/bureaus/agencies require the prior clearance of the Secretary, considering where services are needed.
Section 41 requires trade attaches be assigned and accredited only after consultation with the Trade Secretary.
Section 42 vests in the sending Department Secretary the authority to appoint service attaches and representatives, and limits accreditation to one (1) service attache or representative per post, except for military and commercial attaches.
Section 43 makes the chief of mission responsible for the government’s affairs at the diplomatic post and provides that other departments’ attaches during their tour abroad are under the chief of mission’s immediate control and administrative supervision.
Section 43 requires attaches to transmit reports/documents/materials to their home agencies through the diplomatic pouch, with costs shouldered by their respective offices.
Section 43 requires service attaches to clear with the chief of mission all public pronouncements at the post.
Section 44 provides that the relationship at consular posts between the principal officer and the representative is the same as the chief of mission/service attach relationship under Section 43.
Section 45 creates an Inter-department Committee chaired by an Undersecretary of Foreign Affairs, with members consisting of other department/agency undersecretaries (or counterparts) who have attaches/representatives abroad, to prescribe uniform rules, meet regularly, assess performance, and maintain efficient relationships with the chief of mission or principal officer and other staff.

Boards: examinations and administration

Section 46 creates the Board of Foreign Service Examinations composed of an Undersecretary (Chairman), the Head of Personnel and Administrative Services, a Civil Service Commission Commissioner (members), and the Director of the Foreign Service Institute as Board Secretary.
Section 47 authorizes the Board to conduct examinations and nominate successful candidates to the President through the Secretary for appointments as foreign service officer, class IV.
Section 47 requires the Board to determine training and required practical experiences, set written and oral examination subjects, and certify for oral examinations those candidates with a general average of seventy-five percent (75%) or higher.
Section 47 allows the Board to request assistance for preparing questions and grading exams from competent government officers through the secretary of the concerned department.
Section 48 requires FSO examinations be open to Philippine citizens and permanent residents.
Section 48 bars a person (either sex) married to an alien from taking the examinations without the written consent of the Secretary.
Section 48 requires applicants to be holders of a four-year bachelor’s degree and below thirty-six (36) years old, and physically and psychologically fit.
Section 48 provides an age exception for persons holding a position of responsibility in the Department or the Institute for at least two (2) years before the exam who are otherwise qualified.
Section 50 creates the Board of Foreign Service Administration consisting of one Undersecretary (Chairman), the other two Undersecretaries and Assistant Secretaries of different offices in the Department including the Director of the Institute as members.
Section 51 requires the Board to recommend to the Secretary policies and procedures for selection, assignment, promotion, discipline, and separation for chiefs of mission, career ministers, foreign service officers, foreign service staff officers, and foreign service staff employees, and for administration and personnel management.
Section 51 provides that chiefs of mission commissioned as ambassadors extraordinary and plenipotentiary are not investigated or separated unless there is an express written directive from the President.
Section 51 requires the Board to establish efficiency ratings and to submit findings and recommendations on administrative cases for offenses against the interest of public service.
Section 51 requires the Board to keep a lineal roster of personnel in strict order of rank and seniority based on dates of appointment and to base promotion recommendations submitted to the President (through the Secretary) on efficiency ratings and seniority.
Section 52 prohibits a Board member from intervening in any way in deliberations affecting himself or any relative within the fourth civil degree by consanguinity or affinity while acting as a Board member.
Section 53 disqualifies from assignment abroad or promotion any officer/employee facing:
- A pending criminal case with the Sandiganbayan.
- Lack of required length of service embodied under Section 27, except those who enjoyed merit promotion.
- Below “very satisfactory” rating covering the six-month period immediately before the deliberations.
- Seeking political interference for promotion/assignment that weakens foreign service principles.
Section 54 requires strict observance of Civil Service Commission rules for administrative case investigations and mandates due process before removal or separation.
Section 54 limits disciplinary actions to the appropriate disciplinary authority:
- The President for all presidential appointees, upon recommendation of the Secretary; and
- The Secretary for those appointed by him or predecessors.
Section 54 bars effective suspension or prevention from normal duties for persons facing administrative charges unless ordered by the appropriate authority on grounds provided by law.
Section 54 bars “frozen” or “floated” deprivation of appropriate assignments/duties/functions except for justifiable reasons.
Section 55 provides separation from the Service is based on:
- Voluntary resignation.
- Disloyalty to the Government, unsatisfactory performance, neglect of duty, misconduct, malfeasance, graft, corruption, immoral conduct, or gross violation of Civil Service laws/rules/regulations and reasonable Department rules/regulations.
- “Unsatisfactory” rating for three (3) consecutive years, which results in automatic recommendation for separation.
- Refusal of assignment or recall order without valid justifications.
Section 55 provides that those found guilty of the listed charge categories are separated by the President or the Secretary, depending on the case.
Section 55 provides that locally hired or alien employees may be separated at any time by the chief of mission or principal officer for any cause deemed sufficient, following local laws and regulations.
Section 55 allows honorary consuls to be separated at any time for any cause deemed sufficient by the Secretary.

Foreign Service Institute and Foreign Information Council

Section 56 creates the Foreign Service Institute with a board composed of the Secretary (Chairman), the Civil Service Commission Chairman, the University of the Philippines President, the Development Academy of the Philippines President, and the Director of the Foreign Service Institute.
Section 57 makes the Institute the center for development and professionalization of the career foreign service corps of the Department and other agencies with staff abroad, and requires it to maintain a Center for International Relations and Strategic Studies (CIRSS).
Section 57 requires the Institute to conduct training for those leaving for foreign assignments and for those recalled, including seminars and language courses to prepare officers and employees for new assignments.
Section 58 requires the Institute to continue to operate under its own charter, and makes the Director a senior career chief of mission with the title of assistant secretary.
Section 59 requires an annual performance report to the President and Congress.
Section 60 creates a Foreign Information Council chaired by the Secretary of Foreign Affairs and composed of members including the Secretaries of Defense, Trade and Industry, Tourism, Labor and Employment, and the Office of the Press Secretary.
Section 60 requires the Council to provide policy guidance for effective overseas information and communication strategies to ensure understanding of Filipino values, culture, and institutions overseas; accurate presentation of Government policies especially in trade and investment; and coordination of overseas information programs of various agencies and entities.

Salaries, insurance, and retirement-linked requirement

Section 61 requires the President, upon recommendation of the Secretary, to recommend to Congress a scale of salaries for Department and Institute officers and employees, subject to periodic review.
Section 62 requires all permanent officers and employees of the Service who are Philippine citizens to have compulsory insurance coverage under existing rules.
Section 62 directs that the President, upon recommendation of the Secretary, may submit for enactment by Congress a foreign affairs retirement and disability system, considering foreign service difficulty in setting aside savings and the burden of establishing a home in the Philippines after completion of foreign tours.

Allowances: system, rates, living quarters, family, post, representation

Section 63 requires Congress-recommended establishment of a system of allowances for foreign service personnel, subject to periodic review, including:
- Overseas allowance
- Living quarters allowance
- Clothing allowance
- Post allowance
- Representation allowance
- Education allowance
- Medical allowance
- Family allowance
Section 64 requires the President, upon recommendation of the Secretary and the Secretary of Budget and Management, to approve rates, indices, maximum allowable amounts, and policies on allowances applicable to all national government employees stationed abroad under the Foreign Service Compensation Decree.
Section 65 provides living quarters allowance rules including:
- It is granted to Philippine citizens assigned abroad and may cover rental and specified expenses; revisions may not be more often than once a year with Presidential approval.
- Allowance ceases at the end of the month following departure from post.
- It is commuted and paid monthly beginning on the first day of the month following arrival at the post.
- Suitability must be certified under oath by the chief of mission or principal officer.
- The equivalent for the first three (3) months after arrival is paid immediately upon accrual.
- No living quarters allowance is paid for persons occupying government-owned, furnished and heated quarters.
- No allowance is paid for quarters occupied free or under arrangements allowing direct or indirect gain to the claimant or the claimant’s family.
- If the person occupies quarters owned by the person, the wife, or children, the allowance equals fifty percent (50%) of the rental value certified under oath.
- Lease contracts must contain a “Diplomatic Clause” so the tenant is not penalized for breaking the contract due to reassignment or recall.
- If detailed to the home office (detail excluded) the allowance ceases from the first day of the month following departure unless rented quarters are retained and rentals continue, but in no case beyond three (3) months without Secretary approval.
- If on home leave, the allowance ceases from the first day of the month following departure unless rented quarters are retained, but in no case beyond three (3) months; if the officer owns the house occupied, the allowance is discontinued.
Section 66 provides overseas allowance is given when the Secretary certifies all these conditions exist: high proportional cost of living abroad; extraordinary and necessary expenses not otherwise compensated due to establishing the post; and necessity for efficient work due to dangerous, unhealthy, or excessively adverse living conditions or for Government convenience to meet additional expenses.
Section 67 creates a permanent committee chaired by the Secretary with the Secretary of Budget and Management and the Governor of the Central Bank to compile foreign exchange and price information abroad and recommend periodic adjustments in overseas allowance, considering official United Nations consumer indices, with adjustments not more often than once a year, subject to availability of funds.
Section 68 provides family allowance rules including:
- It is commutable and granted to Philippine citizens assigned abroad living with family at the post, for a dependent spouse and each unmarried legal minor dependent child not exceeding three (3) children in number.
- If both spouses are in the Service and assigned in the same post, only one (1) may claim.
- Spousal family allowance is not payable if the claimant is a widow/widower or separated, or when the spouse is gainfully employed; if the claimant has minor unmarried dependent children, entitlement continues for each child not exceeding three (3).
- Mentally and physically retarded unmarried children incapable of self-support are treated as minor children for family allowance purposes.
- Full family allowances may be paid with prior approval in specified circumstances involving dangerous/unhealthy/adverse living conditions, lack of educational facilities, or Government convenience requiring being alone without any family members at post.
- Other meritorious cases may be considered by the Department Head depending on exigencies.
Section 69 provides post allowance rules:
- Secretary allots funds to defray unusual expenses for maintaining an official residence suitable for the chief diplomatic or consular representative.
- Post allowance is granted per annum for fiscal years beginning the first day of the month following arrival and is payable only when the officer is on duty status at station as defined by specific work/leave/temporary duty conditions.
- No post allowance is paid if the officer lives in a hotel as residence.
- Temporary duty outside jurisdiction for consecutive periods not exceeding sixty (60) days allows payment; beyond sixty (60) days, payment requires Presidential approval.
Section 70 provides representation allowance rules:
- Representation allowance may be granted to heads of mission, special envoys, ministers, permanent delegates or representatives to international bodies, principal officers, and other ranking diplomatic officers stationed abroad to uphold the Republic’s prestige and represent the country with dignity and effectiveness.
- Funds must be expended only for public character purposes beneficial to public service interests and connected with foreign affairs functions.
- Permissible expenses include entertainment, charitable contributions, memorial