Suitability Criteria for the Living Quarters of Philippine Foreign Service Personnel

October 7, 2014

DFA DEPARTMENT ORDER NO. 13-14

SUITABILITY CRITERIA FOR THE LIVING QUARTERS OF PHILIPPINE FOREIGN SERVICE PERSONNEL

SECTION 1. Legal Basis and Purpose. —

To ensure compliance with Sections 63 and 65 of Republic Act 7157 and Executive Order No. 156, Series of 2013, the following criteria shall be observed by all foreign service personnel in choosing their living quarters that befit their representational capacity, and by the Head of Post in assessing the suitability of a residence selected by an officer or staff assigned at the Post.

SECTION 2. Coverage. —

This Order applies to all officers and staff of the Philippine Foreign Service who are granted living quarters allowance (LQA) based on rates prescribed in EO 156, S. 2013. The relevant provisions of this Order shall also apply to officers who are granted actual rent in accordance with EO 156, S. 2013.

SECTION 3. Common Criteria. —

The following criteria shall apply to all Department personnel on foreign assignment, regardless of rank and status for LQA purposes:

3.1 Location of the Quarters

 The living quarters must be located in a peaceful and secure neighborhood. For living quarters in an apartment complex or condominium building, the premises, preferably, must have 24/7 security measures such as controlled ingress and well-lighted common areas, among others. CHTcSE

 The travel time between the living quarters and the Post shall, as far as practicable, be 15 to 30 minutes if travelling without traffic.

3.2 Personnel with Families

 If an officer or staff is accompanied by his/her children separate bedrooms must be provided for the children (of different genders). If an officer or staff brings his/her parents or other relatives, he/she shall rent quarters with separate bedrooms for them.

3.3 Household Helpers

 Officers and staff, who have household helpers, shall rent quarters with a separate room for the latter's exclusive use.

SECTION 4. Criteria for Heads of Posts. —

In addition to the criteria in Section 3 of this Order, officers who are Heads of Post must comply with the following requirements:

4.1 Minimum Rooms

 All Heads of Post, who are granted living quarters allowance (LQA), whether actual rent or rent based on rates prescribed in EO 156, S. 2013, shall lease quarters with the following rooms and amenities:

• Adequate space at the entrance for the display of the coat-of-arms;

• A living/reception area that can accommodate at least 20 people;

• A dining room that can accommodate at least a ten-seater dining table;

• At least three (3) bedrooms;

• At least two (2) full bathroom/comfort room; and

• A separate powder room for guests.

4.2 Filipiniana Furniture and Accessories

 All Heads of Posts shall display at the official residence, as far as practicable, furniture and/or accessories that are reflective of Filipino creativity.

SECTION 5. Criteria for Officers Who are Not Heads of Posts. —

In addition to the criteria in Section 3 of this Order, officers who are not Heads of Post must comply with the following requirements:

5.1 Officers — Without Family

 Officers whose status for LQA purposes is "Without Family" and whose ranks are Chief of Mission and Career Minister shall rent quarters with at least two (2) bedrooms.

 Foreign Service Officers of any class and whose status for LQA purposes is "Without Family" shall rent quarters with at least one (1) bedroom.

5.2 Officers — With Family

 Officers whose status for LQA purposes is "With Family" and whose ranks are Chief of Mission and Career Minister shall rent quarters with at least three (3) bedrooms.

 Foreign Service Officers of any class and whose status for LQA purposes is "With Family" shall rent quarters with at least two (2) bedrooms.

 All Deputy Heads of Post shall rent quarters with a dining area that can accommodate at least a six-seater dining table.

 All officers shall display, as far as practicable, furniture and/or accessories that are reflective of Filipino creativity.

SECTION 6. Criteria for the Rank-and-File Personnel. —

In addition to the criteria in Section 3 of this Order, rank-and-file personnel must comply with the following requirements: CaASIc

6.1 Staff — Without Family

 Rank-and-file personnel whose status for LQA purpose is "Without Family" shall rent quarters with at least one (1) bedroom.

6.2 Staff — With Family

 Rank-and-file personnel whose status for LQA purposes is "With Family" shall rent quarters with at least two (2) bedrooms.

All rank-and-file personnel shall be encouraged to display Filipiniana items at their respective residences.

SECTION 7. Compliance Report. —

For Official Residences, the concerned Post must submit the floor plan and pictures of the proposed property for the Department's approval before the lease contract is signed and executed by the Head of Post and the Landlord/Lessor.

The Head of Post shall inspect and issue a certification under oath for the living quarters of each officer and staff assigned at the Post in accordance with the suitability criteria provided in this Order.

Such certification together with the floor plan and/or pictures, as well as the disbursement voucher shall be submitted for the initial claim of LQA every first month of the year, or whenever there is an adjustment in allowances due to promotion, change of family status, or when the officer or employee transfers to a new residence.

SECTION 8. Transitory Provisions. —

Officers and staff who have existing lease contracts at the time this Order takes effect, shall not be required to terminate such contracts if the leased premises meet the suitability criteria provided in this Order.

If the leased premises do not meet the suitability criteria and the lease contract has a pre-termination clause, the concerned officer or staff shall terminate the contract, and shall transfer to new quarters that qualify under the provisions of this Order. The pre-termination must comply with the provisions of the lease contract, the notification periods and other requirements in the host country.

If the lease contract has no pre-termination clause and the remaining contract period is three months or less, the concerned officer or staff shall not extend or renew the contract and shall transfer to new quarters that qualify under the provisions of this Order.

If the remaining contract period is more than three months, the concerned officer or staff shall pursue the amendment of the contract period for the purpose of reducing such period in order to terminate the contract at the earliest opportunity.

All FSPs shall submit within 30 days from the effectivity of this Order a summary of the relevant details of the existing lease contracts of Post's personnel such as contract period, termination clause and the legal or financial issues that may arise due to pre-termination, among others. IaEASH

SECTION 9. Repealing Clause. —

Any Department order, circular or issuance or parts thereof that are inconsistent with the provisions of this Order are hereby repealed or amended accordingly.

SECTION 10. Separability Clause. —

If any part of this Order is declared contrary to law or unconstitutional by competent authority, the other parts not covered by such declaration shall remain in full force and effect.

SECTION 11. Effectivity Clause. —

This Department Order shall take effect fifteen (15) days from the date of its filing with the Office of the National Administrative Register (ONAR) of the University of the Philippines Law Center.

Pasay City, October 7, 2014.

 

(SGD.) ALBERT F. DEL ROSARIOSecretary