Title
Reorganization of Philippine Foreign Affairs Dept
Law
Executive Order No. 239
Decision Date
Jul 24, 1987
Executive Order No. 239 reorganizes the Department of Foreign Affairs in the Philippines, aiming to pursue an independent foreign policy and improve efficiency in conducting foreign relations, while also addressing the classification of diplomatic and consular posts, personnel rotation, and funding for implementation.

Law Summary

State Policy on Foreign Relations

  • Pursues an independent foreign policy aimed at national recovery and long-term sovereignty.
  • Emphasizes national security, territorial integrity, national interest, right to self-determination, and international peace.

Mandate of the Department of Foreign Affairs

  • Advises and assists the President in planning, directing, coordinating, and evaluating national foreign relations efforts.

Powers and Functions of the Department

  • Conducts foreign relations following Presidential policies.
  • Maintains diplomatic relations and representation with foreign governments and international organizations like the UN and ASEAN.
  • Channels official foreign communications.
  • Negotiates treaties and agreements.
  • Promotes trade, investments, tourism, and cultural relations.
  • Protects Filipino nationals abroad.
  • Carries out legal documentation and monitors international events.
  • Develops foreign policy plans and maintains a professional foreign service.

Secretary of Foreign Affairs

  • Holds authority and responsibility over the Department's functions.
  • Appointed by the President with supervision and control over the Department and Foreign Service.
  • May appoint Special Advisers and create advisory bodies.

Functions of the Secretary

  • Acts as the primary adviser to the President on foreign relations.
  • Advises on executive issuances related to the Department's jurisdiction.
  • Establishes Department policies and supervises all attached agencies.
  • Delegates authority within the Department as necessary.

Organizational Structure

  • Includes the Department Proper with the Office of the Secretary and several supporting offices (Legal Adviser, Policy Planning, Data Banking, Protocol, Intelligence and Security).
  • Direct supervision over specialized institutes and offices such as the Foreign Service Institute and UNESCO National Commission.
  • Home Offices divided by geographic and thematic areas covering Asia-Pacific, Middle East-Africa, Americas, Europe, ASEAN, UN, economic affairs, cultural affairs, personnel, finance, and consular services.
  • Overseas Foreign Service Establishments like embassies and consulates.

Undersecretaries and Assistant Secretaries

  • Two Undersecretaries assist the Secretary and are appointed by the President.
  • Six Assistant Secretaries also assist and have delegated areas of responsibility.

Special Offices

  • Legal Adviser provides legal services and may be a career diplomat or appointed externally.
  • Coordination and Policy Planning Office supports policy formulation and planning.
  • Data Banking and Communication Office manages data systems and communications.
  • Protocol Office manages state visits, protocol matters, ceremonies, and enforcement of international diplomatic agreements.
  • Intelligence and Security Office handles security and intelligence within the Department.

Foreign Service Institute

  • Continues as the training and research arm for career foreign service development.

Other Attached Agencies

  • UNESCO National Commission advises on UNESCO-related matters.
  • Technical Assistance Council maintains existing functions and programs.

Boards within the Department

  • Board of Foreign Service Administration oversees administrative policies, personnel appointments, promotions, and administrative cases.
  • Board of Foreign Service Examiners administers examinations for foreign service personnel selections.

Transferred Agencies

  • Law of the Sea Secretariat and several Inter-Agency Technical Committees transferred to the Department.

Home Offices' Detailed Functions

  • Geographical offices provide support and policy guidance based on regions.
  • ASEAN Affairs office manages Philippine participation and negotiation in ASEAN.
  • UN and International Organizations office manages Philippine participation in UN-related activities.
  • International Economic Affairs coordinates international trade, finance, and investment activities.
  • Cultural Affairs manages cultural programs and public information.
  • Personnel and Administrative Services manages human resources and administrative support.
  • Financial Management Services handles budgeting and finance.
  • Consular Affairs manages passports, visas, authentication, and assistance to Filipinos.

Foreign Service Classification and Staffing

  • Mandated study for reclassification of diplomatic and consular establishments based on national interest and other criteria.
  • Development of rotation plan for personnel with adherence to training and policy standards.
  • Recommendations on consolidation and creation of posts.
  • Measures for effective supervision of foreign service posts.

Transitory Provisions

  • Procedures for transfer, merger, abolition, or termination of government units and functions.
  • Continuity and hold-over status for personnel during transition.
  • Separation and entitlement to benefits for personnel not included or reappointed under the new structure.
  • Handling of appropriations, assets, liabilities, and records under transitions.

New Structure and Staffing

  • Hold-over capacity for all personnel pending approval of new staffing pattern within 120 days.
  • Positions created and filled by Secretary or President as appropriate.
  • Separation of incumbents not included/reappointed with retirement benefits or cash equivalent payment.

Performance Evaluation

  • Secretary must formulate and enforce a system for periodic, objective performance evaluation and submit reports annually to the President.

Legal Compliance and Changes

  • Notice or consent needed if reorganization affects third-party rights.
  • No reorganization changes valid without Presidential approval to ensure service efficiency.

Funding

  • Reorganization implementation costs to be sourced from existing Department funds.

Secretary's Implementing Authority

  • Authority to issue implementing rules and regulations.
  • May create, transfer, or restructure units consistent with Order’s objectives.

Separability Clause

  • Unconstitutional provisions do not affect validity of other parts if they remain functional independently.

Repealing Clause

  • All inconsistent laws, ordinances, regulations, or parts thereof are hereby repealed or modified accordingly.

Effectivity

  • Executive Order takes effect immediately upon approval.

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