Title
Philippine Foreign Service Act 1991
Law
Republic Act No. 7157
Decision Date
Sep 19, 1991
The Philippine Foreign Service Act of 1991 aims to reorganize and strengthen the country's foreign service, prioritizing national sovereignty and the right to self-determination in its relations with other states, through provisions on appointments, promotions, assignments, and the establishment of a Board of Foreign Service Examinations.

Objectives of the Act

  • Reorganize and strengthen the Philippine Foreign Service.
  • Upgrade qualifications of Career Foreign Service Corps officers and employees.
  • Strengthen analytical capabilities for guiding foreign policy.
  • Ensure broad societal representation and equal opportunity within the Foreign Service.
  • Improve selection and training processes to recruit competent and morally upright personnel.
  • Base promotions on merit.
  • Guarantee security of tenure during good behavior and satisfactory performance.
  • Provide suitable salaries, allowances, and benefits attracting diverse talents.
  • Appoint highest positions on merit basis promoting national interests.
  • Establish a comprehensive and flexible administration framework consistent with modern practices.
  • Consolidate existing laws relating to Foreign Service administration.
  • Enforce non-discrimination based on sex, creed, language, ethnic identity, and religion.

Definitions

  • "Government" refers to the Government of the Philippines.
  • "Constitution" refers to the 1987 Constitution.
  • "President" refers to the President of the Philippines.
  • "Department" means the Department of Foreign Affairs.
  • "Institute" means the Foreign Service Institute.
  • "Secretary" means the Secretary of Foreign Affairs.
  • "Undersecretary" means the Undersecretary of Foreign Affairs.
  • "Government agency" includes executive branches or government-controlled corporations.
  • "Service" covers all officers and employees of the Department in home office and foreign posts.
  • "Home office" refers to the Department and its offices in the Philippines.
  • "Post" includes embassies, missions, consulates general, and other foreign service establishments.
  • "Chief of mission" is the head of diplomatic missions, appointed by the President.
  • "Principal officer" is head of consulates or consulates general.

Structure of the Department

  • The President appoints three Undersecretaries to advise and assist the Secretary in objectives, policies, and operations.
  • One Undersecretary acts as Secretary during the Secretary’s absence.

Categories of Foreign Service Personnel

  • Chiefs of Mission (Classes I and II).
  • Career Ministers.
  • Foreign Service Officers (Classes I to IV).
  • Foreign Service Staff Officers (Classes I to IV).
  • Foreign Service Staff Employees (Classes I to III).
  • Alien or Locally Hired Employees.
  • Honorary Consuls.

Foreign Service Officer Designations

  • Officers commissioned as diplomatic or consular officers (or both).
  • Titles coterminous with post assignments.
  • Chiefs of mission assigned as ambassadors extraordinary and plenipotentiary or as consuls general/deputy heads.
  • Assignment ranks correspond to classes (e.g., Class I as first secretary, Class IV as third secretary/vice-consul).

Foreign Service Officer Designations in the Home Office

  • Chiefs of mission may be assistant secretaries heading principal Department offices.
  • Principal offices include American Affairs, Asia-Pacific, European Affairs, Middle East and African Affairs, Administration, Fiscal Management, ASEAN, UN and International Organizations, Consular, Legal Affairs, and Policy Planning.
  • Career ministers may serve as executive directors; foreign service officers classes I-IV may serve as division or assistant division directors.
  • Assignments higher than actual rank are acting.

Foreign Service Staff Corps

  • Provides technical assistance and support in home office and foreign service.

Staffing Patterns and Appointments

  • Permanent staffing patterns are maintained with approved budgeted items.
  • Appointments must conform strictly to vacant budget items.
  • Unauthorized appointments beyond budgeted positions are void.

Establishment of Foreign Posts

  • Posts established primarily based on national interest and security.
  • Prioritization for countries with diplomatic, financial, humanitarian support, favorable trade relations, significant Filipino communities, and reciprocity.
  • Secretary defines consular territorial jurisdiction.

Promotion of Philippine Arts and Culture Abroad

  • Foreign service establishments abroad promote Philippine arts, culture, and products.
  • Official use and exhibition of Filipino artwork and literature mandatory.
  • Gifts at official/social functions sourced from the Philippines.
  • Secretary to provide budget for acquisition and display.

Appointments - Foreign Service Officers

  • Entry through open competitive exams.
  • Appointment limited to candidates who passed the exam and demonstrated loyalty to the Philippines.
  • Initial appointments to the lowest rank, Foreign Service Officer Class IV.
  • Declined appointments require re-examination.
  • Post-appointment internship: one year—six months classroom training, six months on-the-job.

Ambassadorial and Diplomatic Missions

  • President nominates and appoints ambassadors with Commission on Appointments consent.
  • Ambassadorial appointments are post-specific.
  • Career officers appointed as ambassadors retain prior rank items but are not promoted during tour.
  • Majority of missions to be headed by career ambassadors.

Reinstatement Procedures

  • Former foreign service officers separated by appointment/election or international mission duties may be reappointed upon recommendation.
  • Reappointments subject to confirmation and limited to once.

Foreign Service Staff Appointments

  • Appointed per Civil Service rules.
  • Recruitment through examination for staff officers.
  • Civil service eligibility required.

General Appointment Provisions

  • Only Philippine citizens and permanent residents eligible for permanent career appointments.
  • Requirement to relinquish foreign permanent residency for one year if applicable.
  • Audit and payment of salaries strictly conditioned on valid appointments.
  • Officers to retire compulsorily upon age 65; exceptions for certain appointees until 1992.
  • Non-career officers serving beyond 65 not entitled to retirement benefits.

Alien or Locally Hired Employees

  • Appointed by chiefs of mission or principal officers with preference to Filipinos.
  • Transfers limited to within the country of original appointment.

Honorary Consuls

  • Appointed in areas lacking diplomatic missions.
  • May be private citizens, preferably Filipinos.
  • Serve consular functions non-career basis without fixed salaries.

Promotions - Foreign Service Officers

  • Promotion lists prepared based on Board recommendations.
  • Minimum three years of satisfactory service per class required.
  • Exception for exceptional service permitting faster promotion.
  • Promotion exams required before appointment to career minister.
  • Seniority determined by dates of appointment.
  • Lateral entry permitted under conditions including prior examination success, service duration, and confirmation.

Promotions - Staff Officers and Employees

  • Promotion lists based on performance and recommendations.
  • Two years satisfactory service per class prerequisite.
  • Senior staff officers eligible for salary upgrades after extended service and ratings.

Performance Evaluation and Promotion Legality

  • A performance evaluation system is prescribed to weed out incompetent personnel.
  • Promotions violating Act provisions are null and void.
  • Unauthorized salaries and allowances must be refunded.

Assignments and Transfer

  • Career Foreign Service members must serve three years in home office including familiarization before foreign post assignment.
  • Six-year tour of duty abroad standard with rotation plans.
  • No consecutive posting at same post without service elsewhere.
  • Recalled for unsatisfactory performance.
  • Home office service not to exceed three years except for top posts.
  • Security clearance required from government agencies for recruits.

Service Attaches and Representatives

  • Secretary designates attaches from ranks within foreign service.
  • Inter-agency clearance prior to assignment.
  • Only one service attaché per department per post, exceptions apply.
  • Chiefs of mission exercise control over attaches.
  • Reporting and official communications managed through chief of mission.
  • Inter-departmental Committee established to ensure uniformity and assess performance.

Board of Foreign Service Examinations

  • Composed of Undersecretary, Head of Personnel, Civil Service Commissioner, and Director of Foreign Service Institute.
  • Conducts Foreign Service Officer exams; certifies qualified candidates.
  • Sets academic and practical requirements.
  • Open to citizens, below age 36, bachelor’s degree holders.
  • Special provisions for persons in the Department with responsibilities.

Board of Foreign Service Administration

  • Composed of Undersecretaries and Assistant Secretaries including Institute Director.
  • Oversees selection, promotions, discipline, and separations.
  • Must maintain efficiency ratings and seniority rosters.
  • Prohibits members from intervening in cases affecting themselves or relatives.
  • Disqualifies officers with pending cases, insufficient service length, low ratings, or political interference.
  • Disciplinary actions per Civil Service rules with proper due process.

Grounds for Separation

  • Voluntary resignation.
  • Disloyalty, misconduct, corruption, and poor performance.
  • Unsatisfactory performance for three consecutive years.
  • Refusal of assignment or recall without valid reason.
  • Locally hired employees separable by chiefs of mission per local laws.
  • Honorary consuls separable by Secretary.

Foreign Service Institute

  • Board includes Secretary of Foreign Affairs, Civil Service Chairman, University of the Philippines President, Development Academy President, and Institute Director.
  • Provides training, research, and professionalization programs.
  • Maintains Center for International Relations and Strategic Studies.
  • Prime consultant on foreign policy and development management.
  • Director is senior career chief of mission with Assistant Secretary rank.
  • Submits annual performance reports.

Foreign Information Council

  • Composed of Secretaries of Foreign Affairs, Defense, Trade and Industry, Tourism, Labor and Office of the Press Secretary.
  • Pr
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