Rules and Regulations Implementing EO No. 45, S. 2017

March 15, 2018

DFA DEPARTMENT ORDER NO. 03-18

RULES AND REGULATIONS IMPLEMENTING EXECUTIVE ORDER NO. 45, SERIES OF 2017

Pursuant to Section 10 of Executive Order No. 45, Series of 2017 (Providing for the Reorganization of the Field Offices of the Office of Consular Affairs of the Department of Foreign Affairs), the Department of Foreign Affairs hereby issues, adopts and promulgates the following Implementing Rules and Regulations: aTHCSE

RULE 1

Title, Purpose, and Declaration of Policies and Objectives

SECTION 1. Title. — This Department Order shall be known as the "Implementing Rules and Regulations (IRR) of Executive Order No. 45, Series of 2017," which provides for the reorganization of the field offices of the Office of Consular Affairs (OCA) of the Department of Foreign Affairs (DFA) [hereinafter referred to as EO 45].

SECTION 2. Purpose. — These rules and regulations are promulgated to prescribe the guidelines and procedures for the implementation of EO 45 to facilitate compliance and achieve its objectives.

SECTION 3. Declaration of Policies and Objectives. — It is the declared policy of the Philippine Government to bring public services closer to the Filipinos by providing consular services to the widest possible area.

RULE 2

DFA Consular Offices and the Consular Offices Coordinating Division

SECTION 4. DFA Consular Offices and the Consular Offices Coordinating Division. — The Field Offices of the DFA Office of Consular Affairs (DFA-OCA) shall be reorganized to form the DFA Consular Offices (DFA COs) which shall be under the direct control and supervision of the Assistant Secretary for Consular Affairs.

In order to assist the Assistant Secretary in the supervision and control of all DFA COs, and the coordination of the functions and duties of the COs, the Consular Offices Coordinating Division (COCD) is hereby created as an additional Division of the DFA-OCA.

The COCD shall provide the necessary logistical and technical support to all DFA COs, and shall report directly to the Assistant Secretary on matters pertaining to the activities of the DFA COs.

The COCD shall be headed by a Director, who is a Career Foreign Service Officer with at least the rank of Foreign Service Officer Class I, who shall have the corresponding salary, emolument, and benefits, including RATA, of a Director of the Department. An officer of lower rank may be designated as Director in an acting capacity.

The COCD shall have at least one (1) PrincipalAssistant, who is a career Foreign Service Officer with at least the rank of Class IV.

The COCD shall have such support personnel as may be necessary to perform its functions.

The existing Regional Consular Office Coordinating Center shall be absorbed into the COCD, and its existing functions and personnel shall now form part thereof.

SECTION 5. Functions and Duties of DFA Consular Offices. — The DFA COs shall perform the following functions:

(a) Issue passports to Filipino nationals;

(b) Provide authentication services;

(c) Issue verification for consular record documents and accept applications for delayed registration of report of birth, marriage or death abroad, and other civil registry documents in coordination with relevant Philippine Foreign Service Posts;

(d) Provide Assistance-to-Nationals (ATN) services to Filipinos and regularly report updates on its ATN operations to the DFA Office of the Undersecretary for Migrant Workers' Affairs (DFA-OUMWA); and,

(e) Perform such other functions as may be assigned by the DFA-OCA, or the Secretary of Foreign Affairs or the Secretary's authorized representative, in accordance with existing laws, rules and regulations.

SECTION 6. DFA Consular Offices. — Upon the effectivity of these rules and regulations, the current Satellite Offices (SOs) and Regional Consular Offices (RCOs) shall be renamed as DFA COs. DFA CO shall be individually referred to as "DFA Consular Office [name of city/municipality/location]." The DFA COs are as follows:

1. DFA CO NCR-East at Mandaluyong City;

2. DFA CO NCR-Central at Pasig City;

3. DFA CO NCR-West at Manila;

4. DFA CO NCR-South at Muntinlupa City;

5. DFA CO NCR-Northeast at Quezon City;

6. DFA CO NCR-North at Novaliches;

7. DFA CO Angeles at Angeles City;

8. DFA CO Bacolod at Bacolod City;

9. DFA CO Baguio at Baguio City;

10. DFA CO Butuan at Butuan City;

11. DFA CO Cagayan de Oro at Cagayan de Oro City;

12. DFA CO Calasiao at Calasiao, Pangasinan;

13. DFA CO Mandaue at Mandaue City, Cebu;

14. DFA CO Cotabato at Cotabato City;

15. DFA CO Davao at Davao City;

16. DFA CO Dumaguete at Dumaguete City;

17. DFA CO General Santos at General Santos City;

18. DFA CO Iloilo at Iloilo City;

19. DFA CO La Union at San Fernando City, La Union;

20. DFA CO Legazpi at Legazpi City;

21. DFA CO Lipa at Lipa City;

22. DFA CO Lucena at Lucena City;

23. DFA CO Pampanga at San Fernando City, Pampanga;

24. DFA CO Puerto Princesa at Puerto Princesa City;

25. DFA CO Tacloban at Tacloban City;

26. DFA CO Tuguegarao at Tuguegarao City; and,

27. DFA CO Zamboanga at Zamboanga City.

RULE 3

Establishment of Additional DFA Consular Offices

SECTION 7. Additional DFA Consular Offices. — Other DFA COs may be subsequently created, provided all the following criteria are met: cAaDHT

(a) When the projected number of clientele of the proposed DFA CO is seventy-five thousand (75,000) or more, if outside NCR, or three hundred thousand (300,000) or more, if within NCR, in any given year;

(b) When the projected number of passports, authenticated documents or consular records to be accepted, issued and released annually by the proposed DFA CO for the first year is one hundred thousand (100, 000) or more; and,

(c) When the projected amount of consular collection of the proposed DFA CO is at least seventy-one million two hundred fifty thousand Philippine pesos (PhP71,250,000.00) in any given year.

The Secretary of Foreign Affairs may propose the establishment of additional COs by submitting a cost-benefit analysis to the Department of Budget and Management (DBM) for review and recommendation to the Office of the President.

The opening of more DFA COs shall be subject to the approval of the President and the availability of funds, as recommended by the DBM.

The creation of DFA COs that do not comply with the above stated criteria may nonetheless be approved, provided that the DFA submits sufficient justification with the concurrence of the DBM.

RULE 4

DFA Consular Office Head

SECTION 8. Head of DFA Consular Office. — Each DFA CO shall be headed by a Foreign Service Officer (FSO), Foreign Service Staff Officer (FSSO), or other qualified and competent personnel duly designated by the Secretary of Foreign Affairs.

SECTION 9. Duties and Responsibilities of the Heads of DFA COs. — The Heads of DFA COs shall perform the following duties and responsibilities:

(a) Act as Chief Planning Officer of the DFA CO in the performance of its functions and duties provided in these implementing rules and regulations and pertinent DFA Regulations;

(b) Manage and oversee the efficient operations of the DFA CO;

(c) Exercise general supervision of DFA CO personnel;

(d) Supervise and manage overall consular, authentication, civil registry-related matters and operations of the DFA CO;

(e) Ensure DFA CO's timely provision of ATN services for distressed Overseas Filipinos or their Families, upon request of DFA-OUMWA or an interested party, and for other distressed Filipinos.

(f) Ensure DFA CO's regular reporting to SEA, routed to concerned DFA offices, on all aspects of operations, such as but not limited to:

— OCA (copy furnished OUCSCC) for passport, authentication and civil registry functions;

— OFMS (copy furnished OUA) for financial and collection reports;

— HRMO (copy furnished OUA) on personnel matters; and

— OUMWA for ATN operations.

(g) Perform such other functions as may be assigned by the DFA-OCA, or the Secretary of Foreign Affairs or the Secretary's authorized representative, in accordance with existing laws, rules and regulations.

SECTION 10. Housing Benefit for the Heads of DFA COs. — The Heads of DFA COs who are assigned or transferred to an area other than their domicile and do not have their own houses or rooms in that area shall be provided with quarters at government expense, subject to the limits prescribed by the DBM, and other existing laws, rules and regulations, including National Budget Circular No. 456 (s. 1996).

Those who prefer other dwelling areas shall pay the difference in case the prevailing rental in their chosen areas is higher than the ceiling prescribed by the DBM and other existing laws, rules and regulations. HCaDIS

When there are existing government-owned/leased residential quarters at the time and in the place of assignment, the Head of the DFA CO may opt to stay in other preferred dwelling areas at his/her own expense.

SECTION 11. Transport of Personal Effects at Government Expense. — The Heads of DFA COs covered by the preceding section shall be entitled to bring, by any available means of transportation, all household and personal effects, subject to existing regulations, at the expense of the DFA. Any amount in excess of the prescribed rates shall be for the personal account of the concerned Head of the DFA CO.

SECTION 12. Representation and Transportation Allowances. — All Heads of DFA COs shall be entitled to monthly commutable representation and transportation allowances, which shall not exceed the ceiling provided in relevant laws, rules and regulations.

RULE 5

Organizational Structure of DFA COs

SECTION 13. Nature of Employment, Composition and Specific Functions of DFA COs Personnel. — In addition to the Head of the DFA CO, home-based plantilla positions for the DFA COs shall be created in coordination with the DBM.

Apart from providing timely, effective, efficient and adequate assistance to Filipinos in distress or in emergency situations consistent with the Assistance-to-Nationals services mentioned in Section 9 (e) of this Department Order (i.e. ATNFunctions), and without prejudice to such other functions as may be assigned by the DFA-OCA, or the Secretary of Foreign Affairs or the Secretary's authorized representative, in accordance with existing laws, rules and regulations, the DFA COs shall have personnel in the following designations who shall perform the following functions:

A. HEADS OF DFA COs — Consistent with the Duties and Responsibilities of the Head of a DFA CO under Section 9 hereof, Heads of DFA COs shall have the following specific functions:

i. Be responsible for planning, supervising and managing overall consular matters and operations of the office;

ii. Undertake role as representative of the Department as required by the DFA COs mandate;

iii. Conduct an annual DFA CO-wide management review and planning conference;

iv. Ensure the DFA CO's timely submission for the DFA-OCA's Annual Business Plan, Office Performance Commitment and Review Form (OPCRF), Proposed Budget, Project Procurement Management Plan (PPMP), Program Expenditure Classification (PREXC), Public Investment Program (PIPS), and other planning and budgeting submissions;

v. Ensure timely release of incoming and outgoing communications;

vi. Ensure that concerns regarding personnel, equipment/infrastructure and budget allocations are properly addressed by the relevant OCA Office/s;

vii. Perform timely action on special/urgent applications as well as endorsement, particularly for passporting;

viii. Conduct regular spot inspection of DFA CO;

ix. Conduct consultation meetings with DFA-OCA COCC to discuss, among others, outputs, performance and client feedback of consular services; and

x. Oversee the status of DFA CO procurement.

B. CONSULAR OFFICERS

i. Perform consular-related functions, such as frontend processing of passports, authentication, and public information;

ii. Provide general information on consular matters;

iii. Process passport/authentication applications;

iv. Take charge of releasing passports/ authenticated documents;

v. Take charge of verification of names in the look-out-list database;

vi. Maintain and manage passport records;

vii. Encode passport/authentication applications;

viii. Capture applicants' biometrics;

ix. Encode passport records and create master list;

x. Perform the necessary backend functions for the processing and production of passports; and

xi. Process applications for verification of consular record documents and accept applications for delayed registration of report of birth, marriage or death abroad, and other civil registry documents in coordination with relevant Philippine Foreign Service Posts. AHCETa

C. ADMINISTRATIVE OFFICERS

i. Coordinate and monitor the implementation of DFA CO programs, projects and activities;

ii. Prepare programs and projects of the DFA CO;

iii. Ensure implementation of administrative-related policies, procedures and guidelines;

iv. Supervise the maintenance of the CO's information system and database;

v. Conduct training needs analysis;

vi. Manage recruitment and selection system;

vii. Manage all records of the DFA CO;

viii. Ensure proper maintenance of the CO's physical assets;

ix. Conduct inventories;

x. Maximize utilization of CO's human, financial and capital resources for operational efficiency;

xi. Monitor attendance of CO's personnel;

xii. Timely submit periodic reports to the pertinent offices of the Department;

xiii. Ensure the CO's compliance with the Department's policies and directives relating to administrative matters; and

xiv. Supervise the cleanliness, maintenance and repairs of the CO premises.

D. FINANCIAL ANALYSTS

1. COLLECTING OFFICERS

i. Obtain payments for consular and passport fees;

ii. Prepare Daily Report of Collections and Monthly Report of Collections for transmittal to DFA and COA; and

iii. Perform such other functions as may be assigned by the DFA-OCA and DFA-OFMS, in accordance with existing laws, rules and regulations.

2. FINANCE OFFICERS

i. Prepare Disbursement Vouchers and issue corresponding checks to pay utility bills of the Office such as electricity, water, telephone, internet, and other maintenance and operating expenses, and review disbursement vouchers and accountability reports for submission to the Commission on Audit;

ii. Issue Certificate of Credible Tax Withheld at Source (BIR Form No. 2307) and/or Certificate of Tax Withheld at Source (BIR Form No. 2306) to various creditors and remit the same to the Bureau of Internal Revenue;

iii. Prepare Monthly Financial Reports for submission to the Office of Financial Management Services not later than 10th of the following month;

iv. Respond to Audit Observation Memoranda (AOMs), Notice of Suspension or Disallowance issued by the Commission on Audit;

v. Draft communications related to financial matters;

vi. Maintain the different books of accounts for all funds;

vii. Reconcile the balance of accounts for all funds at the DFA;

viii. Conduct physical inventory together with the Property Officer;

ix. Act as Collecting Officer in the absence of the designated Collecting Officer; and

x. Perform such other functions as may be assigned by the DFA-OCA and DFA-OFMS, in accordance with existing laws, rules and regulations.

E: PROPERTY OFFICERS

i. Oversee building maintenance, inventory and disposal, support services, and transportation services, as well as storekeeping of accountable forms and issuances; ScHADI

ii. Ensure proper inventory management of CO's property and supplies;

iii. Ensure timely action on requirements of various units of the CO for supplies and equipment;

iv. Ensure the timely preparation of the Purchase Order (PO), Purchase Requisition (PR), Inspection and Acceptance Report (IAR) or Job Order for purchases of the CO;

v. Prepare and submit the CO's monthly Report of Supplies and Materials Issued and Accountability Report;

vi. Ensure compliance with Department regulations on the procurement or purchases, issuance and recording of property and supplies;

vii. Efficiently comply with, accomplish, and submit reports to the relevant offices of the Department on procurement or purchase, issuance and recording of the CO's property and supplies.

F. RECORDS OFFICERS

i. Maintain the CO's information system and database;

ii. Maintain DFA CO's communications, and general records;

iii. Provide and facilitate the smooth and secured flow of incoming and outgoing communications of the CO;

iv. Ensure the security, reliability and optimum utilization of the CO's communication services;

v. Take effective custody of the CO's records and archives, to ensure their security as well as the user's easy access to documents; and

vi. Ensure the security and safety of the CO's records.

G. INFORMATION TECHNOLOGY (IT) OFFICERS AND COMMUNICATION OFFICERS

i. Maintain the DFA CO's information technology and management information system;

ii. Formulate database structures and design for the DFA CO;

iii. Monitor and maintain the computer systems and networks of the CO;

iv. Install and configure the CO's computer systems, diagnosing hardware and software faults and solve technical and applications problems;

v. Work as a technical support officer to ensure network integrity between the CO, DFA-OCA and the COCD;

vi. Ensure the smooth running of computer systems and ensure CO users get maximum benefits from the system;

vii. Troubleshoot CO system and network problems, diagnosing and solving hardware or software faults;

viii. Ensure the replacement of IT system parts as required; and

ix. Conduct electrical safety checks on computer equipment.

x. Take charge of the incoming and outgoing communications of the DFA CO, including the encryption and decryption of sensitive and confidential communications, and of the archiving of documents to be maintained by the DFA CO.

SECTION 14. Qualification Standards. — The qualification standard requirements for the plantilla positions in the DFA Consular Office shall comply with the pertinent existing rules and regulations of the Civil Service Commission.

RULE 6

Closure of Existing DFA Consular Offices

SECTION 15. Closure of Existing DFA Consular Offices. — The Secretary of the DFA is authorized to close existing DFA COs whenever any of the following circumstances is present:

(a) When the demand for consular services from the DFA CO becomes consistently low or has experienced a fifty percent (50%) decline over the last five (5) years;

(b) When a newly opened DFA CO in a nearby city or province can adequately serve the clients of the existing office;

(c) Whenever warranted by the prevailing circumstances in the area where the existing DFA CO is located, such as serious security threats, or natural or man-made calamities or disasters; or

(d) Analogous circumstances that warrant closure of the office.

The Secretary of the DFA shall give written notice to the DBM and the Office of the President within thirty (30) days from the closure of any existing DFA CO.

RULE 7

Monitoring and Implementation

SECTION 16. Monitoring Reports. — In addition to the specific reports required to be prepared and submitted by the DFA CO to the pertinent offices of the Department pursuant to Sections 9 (f) and 13 of this Department Order, the DFA-OCA COCD shall provide monthly, quarterly, and annual reports on the performance of all DFA COs, including the summary of attendance or tardiness of all DFA CO personnel and other QMS-related reports, to the Assistant Secretary for Consular Affairs, the Undersecretary for Civilian Security and Consular Concerns and the Secretary of Foreign Affairs. Said reports shall include the targets of the DFA COs, outputs and accomplishments, and recommendations of DFA-OCA COCD to improve the performance of the DFA COs. aICcHA

The DFA COs shall submit Monthly Financial Reports and Monthly Report of Collections to the Department and shall require their Financial Analysts (Finance Officer and Collecting Officer) to report periodically to DFA-OFMS on matters arising from financial management, accountability, and accounting rules and regulations.

Monthly reports shall be submitted not later than the first Monday of the following month; quarterly reports on or before the second Monday following the end of the quarter; and, annual reports on or before the last Monday of January the following year.

RULE 8

Final Provisions

SECTION 18. Funding Source. — All expenditures of DFA COs shall be chargeable to the annual appropriations of the DFA and the Passport Revolving Fund created under RA No. 8239.

In case of insufficiency of funds, such amount needed for the creation of new positions may be charged against the Miscellaneous Personnel Benefits Fund. Thereafter, such amount needed shall be included in the budget of the DFA under the General Appropriations Act.

SECTION 19. Repealing Clause. — All issuances, orders, rules and regulations or parts thereof, which are inconsistent with any of the provisions of this Order, are hereby repealed or modified accordingly.

SECTION 20. Separability Clause. — Should any provision of this Order be declared invalid or unconstitutional, the other provisions unaffected thereby shall remain valid and subsisting.

SECTION 21. Effectivity. — The IRR shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Signed this __ of March 2018 at the Department of Foreign Affairs, Pasay City.

(SGD.) ALAN PETER S. CAYETANOSecretary