WHEREAS, under Article II, Section 1, of the Provisional Constitution, as adopted in Proclamation No. 3. dated March 25, 1986, the President shall give priority to measures to achieve the mandate of the people to completely reorganize the government;

WHEREAS, Article XVIII, Section 16, of the 1987 Constitution recognizes that the reorganization of the government shall be continued even after the ratification of the Constitution;

WHEREAS, under Article XVIII, Section 6, of the 1987 Constitution, the President shall continue to exercise legislative powers until the First Congress is convened;

WHEREAS, Executive Order No. 132 entitled Reorganizing the Department of Foreign Affairs was signed by the President on February 27, 1987;

WHEREAS, the implementation thereof was suspended;

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

SECTION 1. Title. - This Executive Order shall otherwise be known as the Reorganization Act of the Department of Foreign Affairs.

SEC. 2. Reorganization. - The Department of Foreign Affairs, hereinafter referred to as Department, is hereby reorganized, structurally and functionally, in accordance with the provisions of this Executive Order.

SEC. 3. Declaration of Policy. - It is the policy of the State to pursue an independent foreign policy in order to more resolutely design and harness its foreign relations in the active pursuit of rapid national recovery and sustained long-term growth of national sovereignty, security, territorial integrity, national interest, right to self-determination and commitment to international peace.

SEC. 4. Mandate. The Department shall advise and assist the President in planning, organizing, directing, coordinating, integrating and evaluating the total National effort in the field of foreign relations.

SEC. 5. Powers and Functions. To carry out its mandate and accomplish its mission, the Department shall undertake the following functions:

1. Conduct the country's foreign relations in accordance with the policies laid down by the President;
   
   
2. Maintain and develop the country's representation with foreign governments;
   
   
3. Conduct Philippine representation in the United Nations, the Association of Southeast Asian Nations (ASEAN), and other international and regional organizations;
   
   
4. Serve as the channel for matters involving foreign relations, including official communications to and from the Republic of the Philippines;
   
   
5. Negotiate treaties and other agreements pursuant to instructions of the President, and in coordination, when necessary, with other government agencies;
   
   
6. In cooperation with other government agencies and the private sector, promote trade, investments, tourism and other economic relations with other countries;
   
   
7. Foster cultural relations with other countries and protect and enhance the Philippines' image abroad;
   
   
8. In cooperation with other government agencies, undertake efforts to inform the international community about the Philippines;
   
   
9. Protect and assist Philippines nationals abroad;
   
   
10. Carry out legal documentation functions as provided for by laws and regulations;
    
    
11. Monitor and analyze events in other countries and report them, as appropriate, to the President and other government agencies;
    
    
12. In cooperation with other government agencies, initiate, formulate, integrate and submit to the President short, medium, and long-range foreign policy plans and programs;
    
    
13. Supervise and direct all official and employees assigned by the Department and other government agencies to Foreign Service establishments abroad in accordance with the pertinent laws, rules and inter-agency agreements;
    
    
14. Recruit, maintain and develop a professional career foreign service based on merit.
    

SEC. 6. Secretary Foreign Affairs. - The authority and responsibility of the Department for the discharge of its powers and functions shall be vested in the Secretary of Foreign Affairs, hereinafter referred to as Secretary, who shall be appointed by the President and shall have supervision and control over the Department and the Foreign Service.

The Secretary may designate as Special Advisers such Chiefs of Mission on home assignment on specific areas of their agencies of the service. The Secretary may also create such advisory boards and committees as he may deem necessary to assist and provide him with advice in the formulation of substantive policies, and such other bodies required by existing laws, rules and regulations.

SEC. 7. Functions of Secretary. - The Secretary shall have the following functions:

1. Act as the primary and principal adviser of the President in the field of foreign relations;
   
   
2. Advise the President on the promulgation of executive orders, rules and regulations, proclamation and other issuances relative to matters under the jurisdiction of the Department;
   
   
3. Establish policies and standards for the efficient and effective operation of the Department in accordance with the programs and projects;
   
   
4. Supervise all attached agencies in accordance with law;
   
   
5. Exercise supervision and control over all functions and activities of the Department;
   
   
6. Supervise all attached agencies in accordance with law;
   
   
7. Delegate authority for the performance of any function to officers and employees of the Department;
   
   
8. Perform other function as may be provided by law or appropriately assigned by the President.
   

SEC. 8. Organizational Structure. - The Department shall have the following organizational units:

1. Department Proper:
   

1. Office of the Secretary. Under the Office of the Secretary are the following: Office of the Legal Adviser, the Office of the Coordination and Policy Planning, the Office of Data Banking and Communication, the Office of Protocol, State and Official Visits, and the Office of Intelligence and Security. In addition, the following shall be directly under the supervision of the Secretary.
   

1. Foreign Service Institute


2. UNESCO National Commission of the Philippines


3. Technical Assistance Council
   

2. Offices of the two (2) Undersecretaries;
   
   
3. Offices of the Assistant Secretaries;
   
   
4. Home Offices:
   

1. Office of Asian and Pacific Affairs;
   
   
2. Office of Middle East and African Affairs;
   
   
3. Office of American Affairs;
   
   
4. Office of European Affairs;
   
   
5. Office of ASEAN Affairs;
   
   
6. Office of United Nations and other International Organizations;
   
   
7. Office of International Economic Affairs and Development;
   
   
8. Office of Cultural Affairs and Public Information;
   
   
9. Office of Personnel and Administrative Services;
   
   
10. Office of Financial Management Services;
    
    
11. Office of Consular Services.
    

2. Foreign Service Establishments: Philippine Embassies, Consulates, Legations and Permanent Missions.
   

SEC. 9. Undersecretaries. - The Secretary shall be assisted in the discharge of his functions by two (2) Undersecretaries, who shall be appointed by the President upon the recommendation of the Secretary. The Secretary shall determine and assign the respective functions and responsibilities of the Undersecretaries. The Secretary shall designate one of the Undersecretaries as Acting Secretary in his behalf.

SEC. 10. Assistant Secretaries. - The Secretary shall also be assisted by sic (6) Assistant Secretaries who shall be appointed by the President upon recommendation by the Secretary. The Secretary shall delineate the respective areas of responsibility or each Assistant Secretary.

SEC. 11. Office of the Legal Adviser. - There is hereby created an Office of the Legal Adviser under the Office of the Secretary. It shall be headed by a Legal Adviser, who shall be a career Chief of Mission. However, the Legal Adviser may be appointed by the President upon the recommendation of the Secretary from outside the career service. In which case, the Legal Adviser shall have the assimilated rank of a Chief of Mission and whose term shall be, unless sooner terminated, co-terminus with the tenure of the Secretary and who is not eligible for foreign assignment. The Legal Adviser shall provide legal advice and services to the Department.

SEC. 12. Office of Coordination and Policy Planning. - There is hereby created the Office of Coordination and Policy Planning under the Office of the Secretary. It shall be headed by the Chief of Coordinator. The Office of Coordination and Policy Planning shall provide staff support to the Office of the Secretary and perform coordinating and such other functions as may be prescribed by the Secretary. It shall initiate, coordinate and integrate the planning of foreign policy.

SEC. 13. Office of Data Banking and Communication. - There is hereby created the Office of Data Banking and Communication under the Office of the Secretary. It shall establish and maintain a modern data center in the Department. The Office shall:

1. Assist the Secretary on all matters regarding data banking and information retrieval;
   
   
2. Establish, develop and maintain a computerized foreign-relations data bank for the Department;
   
   
3. Establish, develop and maintain both domestic and foreign service communications system including efficient flow systems for all correspondence between and among all Department units;
   
   
4. Establish, develop and maintain the records system of the entire Department;
   
   
5. Provide technical assistance to any service, office or attached agency of the Department, on matters within its competence;
   
   
6. Perform other related functions as may be assigned by the Secretary.
   

SEC. 14. Office of Protocol, State and Official Visits. - The Office of Protocol, State and Official Visits shall coordinate preparations for state visits, the reception of Chiefs of States and Heads of Governments, and of the highest foreign dignitaries visiting the Philippines, including official visits of Philippine officials abroad, as may be determined by the President. It shall also be responsible for handling all activities of the Department concerning protocol, ceremonials and socials, the proper observance and enforcement of all formalities, courtesies, facilities, immunities and privileges under the Vienna Convention on Consular Relations, and other applicable conventions and agreements.

SEC. 15. Office of Intelligence and Security. - The Office of Intelligence and Security shall adopt a system of information gathering and analysis, liaison with the intelligence community and provide security services in the Department. It shall likewise undertake enforcement and monitoring of security procedures in the Department and Foreign Service establishments.

SEC. 16. Foreign Service Institute. - The Foreign Service Institute shall continue to operate under its charter, but shall be revitalized as the training, research, and career development arm of the Department, in accordance with such rules as may be prescribed by the Secretary. The Institute shall be an integral participant in the planning review process in the Department.

SEC. 17. UNESCO National Commission of the Philippines. - The UNESCO National Commission of the Philippines shall, in coordination with the Office of United Nations and other International Organizations, advise the Philippine delegation to the United Nations Educational, Scientific and Cultural Organization (UNESCO) Conference, and the Philippine Government, on matters relating to eh UNESCO and shall function as a liaison agency in all matters pertaining to the Commission.

SEC. 18. Technical Assistance Council. - The Technical Assistance Council shall continue to perform its present functions including the conduct and expansion of its programs.

SEC. 19. Board of Foreign Service Administration. - The Board of Foreign Service Administration shall consist of nine (9) members: one Undersecretary as Chairman; the other Undersecretary as Vice-Chairman; and, the Heads of the Office of Personnel and Administrative Services and the Office of Financial Management Services, the Legal Adviser and four (4) others to be designated by the Secretary, as members.

The Board shall be responsible for considering and recommending policies for the efficient and economical discharge of the administrative operations of the Department and the Foreign Service. It shall also consider and submit recommendations on policy and other important mattes concerning personnel, including the appointment, assignment, and promotion of all Foreign Service Staff Officers and employees as well as to recommend to the President, through the Secretary, the appointment and promotion of Foreign Service Officers, Counselors and Chiefs of Missions. It shall likewise act and submit recommendations on administrative cases involving personnel of the Department and the Foreign Service.

SEC. 20. Board of Foreign Service Examiners. - The Board of Foreign Service Examiners shall be under the administrative supervision of one of the Undersecretaries. It shall be responsible for planning and administering the Foreign Service Officers Examinations. It shall also be responsible for planning and administering the Foreign Service Staff Officers and Foreign Service Staff Employees Examinations. The membership of the Board shall be composed of the Undersecretary as Chairman; the Head of the Office of Personnel and Administrative Services and a Commissioner of the Civil Service Commission, as members.

SEC. 21. Transferred Agencies. -

1. The Law of the Sea Secretariat is hereby transferred from the defunct Office of the Prime Minister to the Department.
   
   
2. 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 hereby transferred from the National Economic and Development Authority (NEDA) to the Department.
   

SEC. 22. Home Offices. -

a. Geographical Offices.

1. Office of Asian and Pacific Affairs: Japan and the Northeast Asian countries, China, the Central Asian countries, the Southeast Asian and Pacific countries;
   
   
2. Office of Middle East and African Affairs: the Gulf States, the Middle Eastern and North African countries, the Western African States and the Eastern African countries;
   
   
3. Office of American Affairs: United States of America, Canada, Mexico, the Central American and Caribbean countries, and the South American States;
   
   
4. Office of European Affairs: Union of Soviet Socialist Republics, the Western European countries, the Eastern European countries and the Central European countries;
   

The above-named Offices shall be responsible for providing staff support and policy guidance in the coordination, supervision, monitoring, integration, and reporting of the activities and operations of Philippine diplomatic missions and establishments within their geographic coverage.

b. Office of ASEAN Affairs. - The Office of ASEAN Affairs shall continue to be responsible for Philippine participation and negotiation in ASEAN as well as providing staff support and policy guidance in the coordination, supervision, monitoring, integration, reporting and operations of the Philippine Government to ASEAN.

c. Office of United Nations and Other International Organizations (UNIO). - UNIO shall continue to be responsible for Philippine participation in the United Nations and other international organizations, and for providing staff support and policy guidance in coordination, supervision, monitoring, integration, reporting and operations of the Philippine Government in the United Nations, its specialized agencies and other intergovernmental organizations except ASEAN, as well as for Philippine participation in conferences therein. It shall also serve as the secretariat of all Philippine participation in conferences therein. It shall also serve as the secretariat of all Philippine National Commissions and Councils created pursuant to commitments in the United Nations and its specialized agencies.

d. Office of International Economic Affairs and Development. - The Office of International Economic Affairs and Development is hereby created. It shall be responsible for conducting the programs and activities of the Department in the fields of international trade, finance and economics; coordinate with the regional offices and the Office of United Nations and Other International Organizations; and in coordination with the Department of Trade and Industry, conduct trade and investment promotion activities.

e. Cultural Affairs and Public Information Services. - The Cultural Affairs and Public Information Services is hereby created and shall initiate, coordinate, integrate, rationalize, monitor, report and evaluate cultural plans, programs and projects. It shall likewise be responsible for the Department's relations with local and foreign media and pertinent institutions, as well as the regular dissemination of relevant information to all foreign service establishments.

f. Office of Personnel and Administrative Services. - The Office of Personnel and Management Services is hereby renamed as the Office of Personnel and Administrative Services. It shall be responsible for the efficient management of human resources and administrative support services, and shall make appropriate recommendations, including those concerning job classification, salary administration, benefits, retirement, and awards to deserving members of the Foreign Service.

g. Office of Financial Management Services. - The Office of Fiscal Services is hereby renamed as the Office of Financial Management Services. It shall be responsible for budgetary, financial and accounting services in the Department and Foreign Service.

h. Office of Consular Affairs. - The Office of Consular Affairs shall be responsible for the efficient and effective delivery of passport, visa, and authentication services. It shall also extend assistance to Filipino nationals both here and abroad.

SEC. 23. The Foreign Service. - All Philippine Embassies, consulates general/consulates and honorary consulates, legations and permanent missions, present functions subject to the provision herein below.

The Secretary is hereby ordered to conduct a study and submit to the President within one hundred twenty (120) days from the approval of this Executive Order the following:

1. A new classification of diplomatic and consular establishments using, among others, the following criteria of national interests, number of Filipino resident nationals, geopolitical significance of the post and historical-cultural considerations. Such reclassification shall be reviewed from time to time.
   
   
2. A rotation plan for foreign service personnel strictly adhering to the policy of placing personnel in posts where he or she has had the best preparation or training for and in accordance with the standing policy on rotation of assignments such that no personnel shall remain at one post for an unreasonably extended period;
   
   
3. Recommendations on the consolidation of diplomatic and consular posts and the creation of others in accordance with the policy expressed in Section 3 hereof;
   
   
4. Measures to realize the efficient and effective supervision and control by the Department, of foreign service posts including attached agencies.
   

SEC. 24. Transitory Provision. In accomplishing the acts of reorganization herein prescribed, the following transitory provisions shall be complied with, unless otherwise provided elsewhere in this Executive Order:

1. The transfer of a government unit shall include the functions, appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, and liabilities, if any, of the transferred unit as well as the personnel thereof, as may be necessary, who shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits: Provided, That those personnel of the transferred unit 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 shall be deemed separated from the service and shall be entitled to the benefits provided under the second paragraph of Section 25 hereof.
   
   
2. The transfer of functions which results in the abolition of the government unit that has exercised them shall include the appropriations, funds, records, equipment, facilities, choses in action, rights, other assets and personnel as may be necessary to the proper discharge of the transferred functions. The abolished unit's remaining appropriations and funds, if any, shall revert to the General Fund and its remaining assets, if any, shall be allocated to such appropriate units as the Secretary shall determine or shall otherwise be disposed in accordance with the Government Auditing Code and other pertinent laws, rules and regulations. Its personnel shall, in a hold-over capacity continue to perform their duties and responsibilities and receive the corresponding salaries and receive the corresponding salaries and benefits: Provided, That its personnel, whose positions are not included in the Department's new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or who are not reappointed, shall be deemed separated from the service and shall be entitled to the benefits provided under the second paragraph of the same Section 25.
   
   
3. The transfer of functions which does result in the abolition of the government unit that has exercised them shall include the appropriations, funds, records, equipment, facilities, choses in action, rights, other assets and personnel as may be necessary to the proper discharge of the transferred functions. The liabilities if any, that may have been incurred in connection with the Government Auditing Code functions, shall be treated in accordance with the Government Auditing Code and other pertinent laws, rules and regulations. Its personnel shall, in a hold-over capacity continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits: Provided, That any personnel, whose position is not included in the Department's new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or who has not been reappointed, shall be deemed separated from the service and deemed separated to the benefits provided under the second paragraph of the same Section 25.
   
   
4. In case of the abolition of a government unit which does not result in the transfer of its functions to another unit, the appropriations and funds of the abolished unit shall revert to the General Fund, while the records, equipment, facilities, choses in action, rights, and other assets thereof shall be treated in accordance with the Government Auditing Code and other pertinent laws, rules and regulations, while the personnel thereof, whose positions are not included in the Department's new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or who have not been reappointed, shall be deemed separated from the service and shall be entitled to the benefits provided under the second paragraph of the same Section 25.
   
   
5. In case of merger or consolidation of government units, the new or surviving unit shall exercise the functions (subject to the reorganization herein prescribed and the laws, rules and regulations pertinent to the exercise of such functions) and shall acquire the appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, liabilities if any, and personnel, as may be necessary, of (1) the units that compose the merged unit or (2) the absorbed unit, as the case may be. Such personnel shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits: Provided, That any such personnel, whose position structure and staffing pattern approved and prescribed by the Secretary under Section 24 hereof or who is not reappointed, shall be deemed separated from the service and shall be entitled to the benefits provided under the second paragraph of the same Section 25.
   
   
6. In case of termination of a function which does not result in the abolition of the government unit which has performed such function, the appropriations and funds intended to finance the discharge of such function shall revert to the General Fund, while the records, equipment, facilities, choses in action, rights and other assets used in connection with the discharge of such function shall be allocated to the appropriate unit as the Secretary shall determine or shall otherwise be disposed in accordance with the Government Auditing Code and other pertinent laws, rules and regulations. The liabilities, if any, that may have been incurred in connection with the discharge of such function shall likewise be treated in accordance with the Government Auditing Code and other pertinent laws, rules and regulations. The personnel who have performed such functions, whose position are nor included in the Department's new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or who have not been reappointed, shall be deemed separated from the service and shall be entitled to the benefits provided under the second paragraph of the same Section 25.
   

SEC. 25. New Structure and Pattern. - Upon approval of this Executive Order, the officers and employees of the Department shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits.

The new position structure and staffing pattern of the Department shall be approved and prescribed by the Secretary within one hundred twenty (120) days from the approval of this Executive Order and the authorized positions created thereunder shall be filled with regular appointments by him or by the President, as the case may be. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed separated from the service. Those separated from the service shall receive the retirement benefits to which they may be entitled under existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of on-month basic salary for every year of service of fraction thereof, computed on the basis of the highest salary for every year for service or fraction payment exceed the equivalent of twelve (12) months of salary.

SEC. 26. Periodic Performance Evaluation. - The Secretary is hereby required to formulate and enforce a system of measuring and evaluating periodically and objectively the performance of the Department and submit the same annually to the President.

SEC. 27. Notice or Consent Requirement. - If any reorganization change herein authorizes is of such substance or materiality as to prejudice third persons with rights recognized by law or contract such that notice to or consent of creditors is required to be made or obtained pursuant to any agreement entered into with any of such creditors, such notice or consent requirement shall be compiled with prior to the implementation of such reorganizational change.

SEC. 28. Prohibition Against Change. - No change in the reorganization herein prescribed shall be valid except upon prior approval of the President for the purpose of promoting efficiency and effectiveness in the delivery of public services.

SEC. 29. Funding. - Funds needed to carry out the provisions of this Executive Order shall be taken from funds available in the Department.

SEC. 30. Implementing Authority of Secretary. - The Secretary shall issue such rules, regulations and other issuances as may be necessary to ensure the efficient and effective implementation of the provisions of this Executive Order. The Secretary is also authorized to establish, create, transfer or restructure organizational units in the Department, Provided, That any creation, transfer or restructuring of organizational units will be consistent with the provisions of this Executive Order towards promoting simplicity, efficiency and economy in the delivery of public services by the Department.

SEC. 31. Separability. - Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions or provisions can still subsist and be given effect in their entirety.

SEC. 32. Repealing Clause. - All laws, ordinances, rules, regulations, other issuances or parts thereof, which are inconsistent with this Executive Order, are hereby repealed or modified accordingly.

SEC. 33. Effectivity. - This Executive Order shall take effect immediately upon its approval.

APPROVED in the City of Manila, Philippines, this 24th day of July, in the Year of Our Lord, nineteen hundred and eighty-seven.


By the President:

JOKER P. ARROYO
Executive Secretary