Regulation of Foreign Travel for Government Officials and Employees Act

Senato Ofter of this Sonictary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 SEP -9 P3:57 SENATE RECEIVED BY: Senate Bill No. 1362 Introduced by Senator Erwin T. Tulto AN ACT REGULATING FOREIGN TRAVELS OF GOVERNMENT OFFICIALS AND EMPLOYEES, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The 1987 Constitution guarantees under Article III, Section 6, the right of every citizen to travel. However, this right is not absolute, as it may be restricted in the interest of national security, public safety, or public health. It also upholds the principle that public office is a public trust, and that government officials and employees must at all times remain accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, and be answerable to lawful processes of investigation and inquiry. In recent years, there have been numerous instances where government officials and employees facing investigation, administrative or criminal proceedings were able to leave the country before accountability could be exacted. This situation has undermined the integrity of lawful inquiries, delayed the course of justice, and weakened public trust in government institutions. This bill seeks to regulate the foreign travels of government officials and employees who are subject to pending investigations, preliminary inquiries, fact-finding proceedings, or audits. It also prescribes penalties for unauthorized foreign travel while under

investigation, as well as for those who facilitate such departures, thereby reinforcing accountability mechanisms. In view of the foregoing, the passage of this bill is earnestly sought. ERWIN T. TULFO

Deliale Offur of the centrary TWENTIETH CONGRESS OF THE ) 25 SEP -9 P3:57 REPUBLIC OF THE PHILIPPINES First Regular Session ) RECEIVED BY: SENATE Senate Bill No. 1362 Introduced by Senator Erwin T. Tulfo AN ACT REGULATING FOREIGN TRAVELS OF GOVERNMENT OFFICIALS AND EMPLOYEES, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the

"Regulation of Foreign Travel for Government Officials and Employees 3 Act.

SEC. 2. Declaration of Policy. - It is the policy of the State to

recognize the Constitutional right to travel guaranteed under Article III,

Section 6 of the 1987 Constitution. However, the State affirms that such

right may be restricted in the interest of national security, public safety, or public health.

The State further upholds the principle that public office is a public trust, and that government officials and employees must at all times 3 remain accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, and be answerable to lawful processes of investigation and inquiry.

SEC. 3. Coverage. - This Act shall apply to all government officials

8 and employees of the National Government Agencies (NGAs), whether elective or appointive, including Government-owned or Controlled Corporations (GOCCs), Government Financial Institutions (GFIs), State 11 Universities and Colleges (SUCs), Congress, Judiciary, Constitutional 12 Commissions, and local government units (LGUs).

SEC. 4. Definition of terms. - As used in this Act:

(a) Approving authority refers to the head of office vested with the power to authorize foreign travels of government officials and employees under existing laws, rules, or regulations. (b) Foreign Travel Authority (FTA) refers to the written authorization issued by the approving authority, granting permission to a government official or employee to undertake foreign travel. (c) Official Travel refers to duly authorized foreign travels and assignments necessary to the performance of a government official's or employee's duties and responsibilities, where the individual's presence is indispensable to the outcome of the official activity to be attended. (d) Personal Travel refers to foreign trips pursued for a lawful private purpose not connected with official functions.

SEC. 5. Application of Foreign Travel Authority. - The application

for Foreign Travel Authority, complete with all required documents, must be filed to the approving authority or his duly authorized representative at least ten (10) working days, for official travel and at least fifteen (15) calendar days, for personal travel, both prior to the date of departure.

SEC. 6. Restrictions on Foreign Travel. - No Foreign Travel

7 Authority (FTA), whether for official or personal travel, shall be granted 8 to any government official or employee who (1) is formally charged in an administrative or criminal case, or is the subject of a pending preliminary investigation, fact-finding investigation, or audit inquiry by a competent body or authority, (2) where there is a prima facie finding that the acts or omissions under inquiry may directly undermine national security, public safety, or public health, or (3) where the approving authority determines that such departure would unduly prejudice or frustrate the conduct of the investigation, prosecution, or audit.

SEC. 7. Recall, Suspension, and Revocation of Foreign Travel

Authority. - The FTA issued to any government official or employee under this Act may be subject to recall, suspension, or revocation by the approving authority or his duly authorized representative, under the following circumstances: (a) An FTA already issued may be recalled when the concerned official or employee becomes involved in an investigation or inquiry of acts or omissions that may undermine national security, public safety, or public health, or where the continuation of the travel authority would prejudice such investigation or the national interest. (b) An FTA, though duly approved, may be suspended for a specific period when there is a pending investigation involving the government 28 official or employee and the approving authority determines that

1 departure should be deferred in the interest of national security, public 2 safety, or public health. The suspension may be lifted upon a finding that the investigation 4 or inquiry has been terminated without a finding of liability on the covered government official or employee. (c) An FTA shall be revoked when it is established that its issuance 7 was made in violation of this Act.

SEC. 8. Penalties.

a) Any government official or employee who departs from the 10 Philippines without the requisite Foreign Travel Authority (FTA), in violation of this Act, shall be punished with imprisonment of six (6) years and one (1) day to twelve (12) years, or a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than Two million pesos (₽2,000,000.00), or both at the discretion of the court. He/she shall likewise suffer dismissal and perpetual disqualification from public service. (b) Any person, whether a government official, employee, or private individual, who knowingly authorizes, allows, facilitates, assists, conspires, or in any manner abets the unauthorized departure of a government official or employee covered by this Act shall be penalized with imprisonment of six (6) years and one (1) day to twelve (12) years, or a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00), or both, at the discretion of the Court, without prejudice to prosecution under the Revised Penal Code, the Anti-Graft and Corrupt Practices Act (R.A. No. 3019), or other applicable laws.

SEC. 9. Implementing Rules and Regulations. - Within ninety (90)

days from the effectivity of this Act, the Civil Service Commission in coordination with the Department of Justice, Bureau of Immigration, Ombudsman, Commission on Audit, and other relevant government agencies, shall issue the necessary guidelines on the IRR for the effective implementation of this Act.

SEC. 10. Separability Clause. - Should any provision or part of this

9 Act be declared unconstitutional or invalid, the other provisions and parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.

SEC. 11. Repealing Clause. - All laws, decrees, orders,

proclamations, rules and regulations, or parts thereof, which are inconsistent with this Act are hereby repealed, amended, or modified accordingly.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in at least two (2) 20 newspapers of general circulation. Approved,