Executive Order No. 367, s. 1989

MALACAÑANG
MANILA

EXECUTIVE ORDER NO. 367

FURTHER AMENDING EXECUTIVE ORDER NO. 129 DATED MAY 6, 1968, AS AMENDED BY EXECUTIVE ORDER NO. 421, DATED NOVEMBER 26, 1973

I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1.          Section 7, Title I of Executive Order No. 129 is hereby amended to read as follows:

“Sec. 7. Clothing Allowance. The grantee or trainee shall be granted clothing allowance of $400 for temperate and $300 for tropical zones for the duration of 24 months and below. The clothing allowance shall not be granted more often than once every twenty-four (24) months and a certification that no clothing allowance has been received during the next preceding twenty-four (24) months shall be submitted together with the request. In cases where the clothing allowance previously received by the grantee or trainee concerned was less than the clothing allowance for the subsequent trip, or when the clothing allowance being granted by the donor is less than the clothing allowance indicated herein, he may be granted the difference.”

SEC. 2. Section 12 of Title I of the Executive Order No. 129 is hereby amended to read, as follows:

“Sec. 12. Obligations of a grantee or trainee. In consideration of his acceptance of a foreign scholarship/training grant, the grantee or trainee binds himself to the following conditions:

a. To live up to the terms and conditions of his grant;

b. To conduct himself in such a manner as not to bring disgrace or dishonor to himself or to his country;

c. To keep up with the standards of scholarship or accomplishments;

d. To submit to the head of his office and the Committee his official transcript of grades at the close of each quarter, nor  semester;

e. To return immediately upon the termination of his scholarship/training;

f. To submit to the head of his office and the Committee a report on his study/training within sixty (60) days after his return to duty;

g. To submit a re-entry plan or proposal for the application of newly-acquired skills or expertise to his Office and the Committee, upon completion of at least six (6) months study/training; and

h. To serve his Office or any other government office or instrumentality as the exigencies of the service may require, for the specified period indicated below:

NATURE TRAINING SERVICE OBLIGATION
TRAINING DURATION OF SCHOLARSHIP
For academic non-academic programs, including extensions For every year or a fraction thereof not less than 6 months 2 years
  A fraction of a year less than 6 months but not less than 2 months 1 year
  A fraction of a year less than 2 months 6 months

Failure of the grantee or trainee to fulfill obligations provided under subparagraphs (a), (b), (c) and (d) of this Section shall be sufficient cause for the cancellation of his scholarship/training grant and for his recall. Should failure in any of such cases be due to his own fault or willful neglect, he shall refund all expenses in accordance with the provisions of the succeeding subparagraphs of this Section.

For failure to render the required length of service referred to in subparagraph (h) of this Section, on account of voluntary resignation, retirement, separation from the service through his own fault or other causes within his control, the grantee or trainee shall refund in full to his agency such amount as may have been defrayed for expenses incident to his scholarship/training as determined by the Committee.

The obligations of grantees or trainees affected/displaced by the reorganization of their respective departments shall be governed by the herein attached “Obligation of Scholars Displaced by Reorganization,” which is made an integral part of this Executive Order.

It is the policy of the Committee to allow proportionate refund of the monetary value of the grantee’s or trainee’s service obligation, when he has served at least 75% of the total service obligation in the agency/department which sent him abroad.

The proportionate amount and mode of payment shall be determined by the agency and confirmed by the Special Committee on Scholarships. In such cases, the amount shall be paid within three (3) years from the effectivity of the arrangement between the grantee or trainee and his agency, and to the execution of the affidavit of undertaking duly secured by a bond with his agency/department.

A condonation of the agency/department concerned may be allowed only in the following cases:

a. Abolition of the Office or involuntary phase-out of the trainee or grantee in a reorganized office; and

b. Death or permanent disability.

The Committee may impose such other penalties as it may deem necessary for failure of the grantee or trainee to fulfill other obligations provided under this Section.”

SEC. 3. Section 16 of Executive Order No. 129, dated November 26, 1973, is hereby further amended to read as follows:

“Sec. 16. Clothing Allowance and per diem. – Officials and employees authorized to travel abroad under this Title shall be granted clothing allowance and per diem as follows:

  Clothing Allowance Per Diem
a) The Department Secretaries; the Executive Secretary; the Cabinet Secretary; other officials with Cabinet rank; the Chairman, Commission on Audit; the Chairman, Commission on Elections; the Chairman, Civil Service Commission; the Director-General, National Economic and Development Authority; the Legal Adviser to the President; the Legislative Secretary; the Deputy Directors-General and Assistant Directors-General, National Economic and Development Authority; the Department Undersecretaries; ambassadors, ambassadors extraordinary and plenipotentiary; the Deputy Executive Secretary; the Undersecretary, Presidential Management Staff; the Assistant Executive Secretaries; the Department Assistant Secretaries; the Solicitor General; the Commissioners, Commission on Audit; the Commissioners, Commission on Elections; the Commissioners, Civil Service Commission; the Commissioners, Merit Systems Protection Board; the Government Corporate Counsel; the Managing Director, National Computer Center; the President, University of the Philippines and the presidents of other state universities; the Chairman of governing boards and the general managers or the managing heads of government-owned or controlled corporations; heads of delegations with flll  powers; and other officials of similar or equivalent rank. $100.00 $300.00
b) The Vice-Chairman and members of the governing boards and councils and the assistant general managers or other assistant managing heads of government- owned or controlled corporations; career ministers; directors of bureaus and bureau-level offices; assistant directors of bureaus and bureau-level offices; general officers of the Armed Forces of the Philippines; vice-presidents of state universities; and other officials of similar or equivalent rank. $300.00 $80.00
c) The heads of primary units and officials of equivalent rank in the Executive Department, the Constitutional Commissions, and Government-owned or -controlled corporations; field grade officers of the Armed Forces of the Philippines; foreign service officers; heads of state colleges and deans of colleges of the University of the Philippines; and other officials similar or equivalent rank. $250.00 $ 70.00
d) All other employees. $250.00 $60.00

In addition to the aforementioned clothing allowance and per diem, members of the Cabinet and persons holding other positions of equivalent rank shall also be entitled to reasonable expenses of $80.00 per day.

The per diem herein provided for shall be granted only for the duration for the official trip, including travel time as denied  in Section 20 hereof.”

SEC. 4. Section 21, Title III of Executive Order No. 129 is hereby amended to read as follows:

“Sec. 21. Pre-Travel Expenses. – The grantee or trainee shall be provided allowance of P600.00 for local transportation fares to and from and within Metro Manila; medical examination; processing for the issuance of passport and travel tax exemption including incidental expenses for photographs, affidavits, certificate of birth and other related expenses; airport expenses including fees for excess baggage; and local porterage at customary rates.”

SEC. 5. The Special Committee on Scholarships, in coordination with the Department of Budget and Management, shall conduct periodic review of the rates of allowances, per diem and other expenses mentioned in the preceding sections for its implementation. The Committee tasked with the administration and enforcement of Executive Order No. 129, as amended, shall promulgate the necessary implementing rules and regulations. Such rules and regulations shall become effective fifteen (15) days after publication in a newspaper of general circulation.

SEC. 6. This Executive Order shall take effect immediately.

Done in the City of Manila, this 21st day of August, in the year of Our Lord, nineteen hundred and eighty-nine.

(Sgd.) CORAZON C. AQUINO

By the President:
(Sgd.) CATALINO MACARAIG, JR.
Executive Secretary

Source: CDAsia

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