Reorganization of Philippine Foreign Affairs Dept

Policy and mandate of the State and Department

The State pursues an independent foreign policy to design and harness foreign relations for rapid national recovery and sustained long-term growth, while advancing national sovereignty, security, territorial integrity, national interest, right to self-determination, and commitment to international peace (Section 3).
The Department must advise and assist the President in planning, organizing, directing, coordinating, integrating, and evaluating the total national effort in foreign relations (Section 4).

Department powers and principal functions

The Department conducts the country’s foreign relations in accordance with the policies laid down by the President (Section 5).
The Department maintains and develops the country’s representation with foreign governments (Section 5).
The Department conducts Philippine representation in the United Nations, ASEAN, and other international and regional organizations (Section 5).
The Department serves as the channel for matters involving foreign relations, including official communications to and from the Republic of the Philippines (Section 5).
The Department negotiates treaties and other agreements pursuant to instructions of the President, and in coordination with other government agencies when necessary (Section 5).
The Department, in cooperation with other government agencies and the private sector, promotes trade, investments, tourism, and other economic relations with other countries (Section 5).
The Department fosters cultural relations with other countries and protects and enhances the Philippines’ image abroad (Section 5).
The Department, in cooperation with other government agencies, undertakes efforts to inform the international community about the Philippines (Section 5).
The Department protects and assists Philippines nationals abroad (Section 5).
The Department carries out legal documentation functions as provided for by laws and regulations (Section 5).
The Department monitors and analyzes events in other countries and reports them, as appropriate, to the President and other government agencies (Section 5).
The Department, in cooperation with other government agencies, initiates, formulates, integrates, and submits to the President short-, medium-, and long-range foreign policy plans and programs (Section 5).
The Department supervises and directs all official and employees assigned to Foreign Service establishments abroad by the Department and other government agencies, in accordance with pertinent laws, rules, and inter-agency agreements (Section 5).
The Department recruits, maintains, and develops a professional career foreign service based on merit (Section 5).

Secretary of Foreign Affairs authority and functions

The Department’s authority and responsibility for discharging its powers and functions is vested in the Secretary of Foreign Affairs (Section 6).
The Secretary is appointed by the President and exercises supervision and control over the Department and the Foreign Service (Section 6).
The Secretary may designate specific Chiefs of Mission on home assignment as Special Advisers for specific areas of their agencies’ service (Section 6).
The Secretary may create advisory boards and committees to assist and advise in formulating substantive policies and to provide other bodies required by existing laws, rules, and regulations (Section 6).
The Secretary acts as the President’s primary and principal adviser in foreign relations (Section 7).
The Secretary advises the President on the promulgation of executive orders, rules and regulations, proclamations, and other issuances relative to matters under the Department’s jurisdiction (Section 7).
The Secretary establishes policies and standards for efficient and effective operation of the Department in accordance with the programs and projects (Section 7).
The Secretary supervises all attached agencies in accordance with law (Section 7).
The Secretary exercises supervision and control over all functions and activities of the Department (Section 7).
The Secretary delegates authority for performance of any function to officers and employees of the Department (Section 7).
The Secretary performs other functions provided by law or appropriately assigned by the President (Section 7).

Organizational structure and internal units

The Department includes these organizational units: Office of the Secretary, Foreign Service Institute, UNESCO National Commission of the Philippines, Technical Assistance Council, Offices of the two (2) Undersecretaries, Offices of the Assistant Secretaries, and Home Offices, plus Foreign Service Establishments (Section 8).
The Office of the Secretary includes: 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 (Section 8).
The Department’s Foreign Service Establishments include Philippine Embassies, Consulates, Legations and Permanent Missions (Section 8).
The Home Offices include: Office of Asian and Pacific Affairs, Office of Middle East and African Affairs, Office of American Affairs, Office of European Affairs, Office of ASEAN Affairs, Office of United Nations and other International Organizations, Office of International Economic Affairs and Development, Office of Cultural Affairs and Public Information, Office of Personnel and Administrative Services, Office of Financial Management Services, and Office of Consular Services (Section 8 and Section 22).

Undersecretaries, Assistant Secretaries, and offices

The Secretary is assisted by two (2) Undersecretaries, appointed by the President upon recommendation of the Secretary (Section 9).
The Secretary determines and assigns the respective functions and responsibilities of the Undersecretaries (Section 9).
The Secretary designates one Undersecretary as Acting Secretary in his behalf (Section 9).
The Secretary is assisted by six (6) Assistant Secretaries, appointed by the President upon recommendation of the Secretary (Section 10).
Each Assistant Secretary’s area of responsibility is delineated by the Secretary (Section 10).
The Office of the Legal Adviser is created under the Office of the Secretary and is headed by a Legal Adviser who is a career Chief of Mission, or who may be appointed by the President (upon the Secretary’s recommendation) from outside the career service (Section 11).
When appointed from outside the career service, the Legal Adviser has the assimilated rank of a Chief of Mission, a term co-terminus with the Secretary’s tenure unless sooner terminated, and is not eligible for foreign assignment (Section 11).
The Office of the Legal Adviser provides legal advice and services to the Department (Section 11).

Specific office functions and attached agencies

The Office of Coordination and Policy Planning is created under the Office of the Secretary, headed by a Chief of Coordinator, and provides staff support to the Secretary and coordinating functions, and initiates, coordinates, and integrates planning of foreign policy (Section 12).
The Office of Data Banking and Communication establishes and maintains a modern data center and must:
- assist the Secretary on data banking and information retrieval;
- establish computerized foreign-relations data banks;
- establish domestic and foreign service communications systems, including efficient flow systems for correspondence among Department units;
- establish and maintain the Department’s records system;
- provide technical assistance within its competence; and
- perform other related functions assigned by the Secretary (Section 13).
The Office of Protocol, State and Official Visits coordinates preparations for state visits and receptions of Chiefs of States and Heads of Governments and the highest foreign dignitaries visiting the Philippines, including official visits abroad as determined by the President (Section 14).
The Office of Protocol handles activities concerning protocol, ceremonials, and socials, and ensures observance and enforcement of formalities, courtesies, facilities, and immunities and privileges under the Vienna Convention on Consular Relations, and other applicable conventions and agreements (Section 14).
The Office of Intelligence and Security adopts a system of information gathering and analysis, provides liaison with the intelligence community, and provides security services in the Department (Section 15).
The Office of Intelligence and Security enforces and monitors security procedures in the Department and Foreign Service establishments (Section 15).
The Foreign Service Institute continues under its charter but is revitalized as the Department’s training, research, and career development arm in accordance with rules prescribed by the Secretary, and it participates in the planning review process (Section 16).
The UNESCO National Commission of the Philippines coordinates with the Office of United Nations and other International Organizations to advise the Philippine delegation to the UNESCO Conference and the Philippine Government on UNESCO matters, and functions as a liaison agency for UNESCO matters (Section 17).
The Technical Assistance Council continues performing its present functions, including conduct and expansion of its programs (Section 18).

Boards, exams, and transferred agencies

The Board of Foreign Service Administration consists of nine (9) members: an Undersecretary as Chairman; an Undersecretary as Vice-Chairman; the Heads of the Office of Personnel and Administrative Services and Office of Financial Management Services; the Legal Adviser; and four (4) others designated by the Secretary (Section 19).
The Board recommends policies for efficient and economical discharge of administrative operations of the Department and Foreign Service (Section 19).
The Board considers and submits recommendations on personnel policies, including appointment, assignment, and promotion of Foreign Service Staff Officers and employees (Section 19).
The Board recommends to the President, through the Secretary, appointment and promotion of Foreign Service Officers, Counselors, and Chiefs of Missions (Section 19).
The Board acts and submits recommendations on administrative cases involving personnel of the Department and Foreign Service (Section 19).
The Board of Foreign Service Examiners is under the administrative supervision of one Undersecretary (Section 20).
The Board plans and administers the Foreign Service Officers Examinations and the Foreign Service Staff Officers and Foreign Service Staff Employees Examinations (Section 20).
The Board’s membership includes the Undersecretary as Chairman, the Head of the Office of Personnel and Administrative Services, and a Civil Service Commission Commissioner (Section 20).
The Law of the Sea Secretariat is transferred from the defunct Office of the Prime Minister to the Department (Section 21).
The Inter-Agency Technical Committee on Economic, Scientific and Technical Cooperation with Socialist Countries (SOCCOM), Inter-Agency Technical Committee on Technical Cooperation Among Developing Countries (IATC-TCDC), and the Permanent Inter-Agency Technical Committee on ESCAP Matters (PITCHEM) are transferred from NEDA to the Department (Section 21).

Home office coverage and special mandates

The Department’s geographical Home Offices cover:
- Office of Asian and Pacific Affairs: Japan and Northeast Asian countries, China, Central Asian countries, Southeast Asian and Pacific countries (Section 22(a));
- Office of Middle East and African Affairs: Gulf States, Middle Eastern and North African countries, Western African States and Eastern African countries (Section 22(a));
- Office of American Affairs: United States of America, Canada, Mexico, Central American and Caribbean countries, and South American States (Section 22(a));
- Office of European Affairs: Union of Soviet Socialist Republics, Western European countries, Eastern European countries, and Central European countries (Section 22(a)).
The geographical Home Offices provide staff support and policy guidance for coordination, supervision, monitoring, integration, reporting, and the operations of Philippine diplomatic missions within their coverage (Section 22(a)).
The Office of ASEAN Affairs remains responsible for Philippine participation and negotiation in ASEAN, and provides staff support and policy guidance for coordination, supervision, monitoring, integration, reporting, and operations with ASEAN (Section 22(b)).
The Office of United Nations and Other International Organizations (UNIO) remains responsible for Philippine participation in the United Nations and other international organizations, and provides staff support and policy guidance (except ASEAN) for coordination, supervision, monitoring, integration, reporting, and operations, including Philippine participation in conferences, and serving as the secretariat for Philippine participation in conferences and for Philippine National Commissions and Councils created pursuant to commitments in the United Nations and its specialized agencies (Section 22(c)).
The Office of International Economic Affairs and Development is responsible for Department programs and activities in international trade, finance, and economics; coordinating with regional offices and UNIO; and, in coordination with the Department of Trade and Industry, conducting trade and investment promotion activities (Section 22(d)).
The Cultural Affairs and Public Information Services initiates, coordinates, integrates, rationalizes, monitors, reports, and evaluates cultural plans, programs, and projects; manages relations with local and foreign media and pertinent institutions; and regularly disseminates relevant information to all foreign service establishments (Section 22(e)).
The Office of Personnel and Administrative Services (renamed from the Office of Personnel and Management Services) manages human resources and administrative support services and makes recommendations, including job classification, salary administration, benefits, retirement, and awards for deserving Foreign Service members (Section 22(f)).
The Office of Financial Management Services (renamed from the Office of Fiscal Services) manages budgetary, financial, and accounting services for the Department and Foreign Service (Section 22(g)).
The Office of Consular Affairs delivers passport, visa, and authentication services, and provides assistance to Filipino nationals both here and abroad (Section 22(h).

Foreign Service establishments and study deadlines

The functions of all Philippine Embassies, consulates general/consulates and honorary consulates, legations and permanent missions continue subject to the reorganization provisions (Section 23).
The Secretary must study and submit to the President within one hundred twenty (120) days from approval of the Executive Order:
- a new classification of diplomatic and consular establishments using criteria including national interests, number of Filipino resident nationals, geopolitical significance of the post, and historical-cultural considerations, with reclassification reviewed from time to time (Section 23);
- a rotation plan adhering to placing personnel in posts where they have had the best preparation or training, and consistent with existing rotation policy so that no personnel remains at one post for an unreasonably extended period (Section 23);
- recommendations for consolidation of diplomatic and consular posts and creation of others consistent with Section 3 policy (Section 23);
- measures for efficient and effective Department supervision and control of foreign service posts including attached agencies (Section 23).

Reorganization transitory rules, separation benefits, and funding

Reorganization transfers include functions, appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, and liabilities (if any), and personnel, as may be necessary, with personnel continuing in hold-over capacity to perform duties and receive salaries and benefits (Section 24).
Transferred personnel whose positions are not included in the Department’s new position structure and staffing pattern approved and prescribed by the Secretary, or who are not reappointed, are deemed separated from the service and are entitled to benefits provided under Section 25 (Section 24).
When a transfer of functions abolishes the government unit exercising them, the abolished unit’s remaining appropriations and funds revert to the General Fund, and remaining assets are allocated by the Secretary or disposed in accordance with the Government Auditing Code and other pertinent laws; personnel continue in hold-over capacity, subject to separation and Section 25 benefits when positions are not included or reappointment does not occur (Section 24).
When liabilities incurred in connection with Government Auditing Code functions exist, they are treated under the Government Auditing Code and other pertinent laws, rules, and regulations (Section 24).
When abolition does not result in transfer of functions, appropriations and funds revert to the General Fund, while records, equipment, facilities, choses in action, rights, and other assets are treated under the Government Auditing Code and other pertinent laws, rules, and regulations; personnel may be deemed separated and entitled to Section 25 benefits when positions are not included or reappointment does not occur (Section 24).
In merger or consolidation, the new or surviving unit exercises the functions and acquires appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, liabilities (if any), and personnel of the composing or absorbed units, with personnel in hold-over capacity; separation and Section 25 benefits apply when positions are not included or reappointment does not occur (Section 24).
When termination of a function does not abolish the government unit, appropriations and funds intended to finance the function revert to the General Fund, and records and assets used in the function are allocated or disposed under the Government Auditing Code and other pertinent laws; liabilities are treated under the Government Auditing Code and other pertinent laws; personnel without included positions or not reappointed are deemed separated and entitled to Section 25 benefits (Section 24).
Funds needed to implement the Executive Order are taken from funds available in the Department (Section 29).

New structure, staffing pattern, and separation benefits

Upon approval of the Executive Order, Department officers and employees continue in hold-over capacity performing duties and receiving corresponding salaries and benefits (Section 25).
The Secretary must approve and prescribe the Department’s new position structure and staffing pattern within one hundred twenty (120) days from approval of the Executive Order (Section 25).
Authorized positions created are filled with regular appointments by the Secretary or the President, as the case may be (Section 25).
Incumbents whose positions are not included in the new structure and staffing pattern or who are not reappointed are deemed separated from the service (Section 25).
Separated personnel receive retirement benefits to which they may be entitled under existing laws, rules, and regulations (Section 25).
Otherwise, separated personnel are paid the equivalent of one-month basic salary for every year of service or fraction thereof, computed on the basis of the highest salary for every year for service, and payment for fractions exceeding twelve (12) months of salary is treated as the equivalent of twelve (12) months (Section 25).

Performance evaluation and creditor notice

The Secretary must formulate and enforce a system for measuring and evaluating periodically and objectively the Department’s performance, and submit it annually to the President (Section 26).
If a reorganization change authorizes by the Executive Order is of such substance or materiality as to prejudice third persons with rights recognized by law or contract, and notice to or consent of creditors is required by the terms of any agreement with such creditors, notice or consent must be obtained prior to implementation of the reorganizational change (Section 27).

Validity limits, implementing rules, separability, repeal, effect

No change in the reorganization prescribed by the Executive Order is valid unless approved in advance by the President for the purpose of promoting efficiency and effectiveness in the delivery of public services (Section 28).
The Secretary issues rules, regulations, and other issuances necessary for efficient and effective implementation of the Executive Order (Section 30).
The Secretary is authorized to establish, create, transfer, or restructure organizational units, consistent with promoting simplicity, efficiency, and economy in public service delivery (Section 30).
Any unconstitutional portion does not nullify the rest of the Executive Order if the remaining portions can still subsist and be given effect (Section 31).
All laws, ordinances, rules, regulations, and other issuances, or parts thereof, inconsistent with the Executive Order are repealed or modified accordingly (Section 32).
The Executive Order is effective immediately upon approval (Section 33).