Dear PAO,
I am a government employee working for the Department of Health (DOH), and I am planning to travel to Thailand for only two days during a holiday here in the Philippines. However, my travel authority has not yet been approved, and I have already bought my plane ticket. Do I need to secure a travel authority even if my trip falls on a holiday?
Michi
Dear Michi,
Yes. The rules on foreign travel by government officials and employees can be found in Section 6 of Memorandum Circular 35, series of 2017, dated Nov. 22, 2027, which provides:
“Section 6. Private Trips Abroad of Government Officials and Employees. No government official or employee shall be allowed to depart for any travel abroad, even if such travel is for a purely personal or private purpose without cost to the government, unless such official or employee has duly accomplished the requisite leave forms and has obtained the appropriate travel authorization from his or her agency.”
Said rule is consistent with Executive Order 459, series of 2005, dated Sept. 1, 2005, which streamlines the procedure for requesting an authority to travel abroad of government officials and employees. The issuance establishes the appropriate approving authorities and procedures for foreign travel by government personnel:
“SECTION 2. Subject to Section 5 hereof, all other government officials and employees seeking authority to travel abroad shall henceforth seek approval from their respective heads of agencies, regardless of the length of their travel and the number of delegates concerned. For the purpose of this paragraph, heads of agencies refer to the Department Secretaries or their equivalents.”
These rules and regulations, to which one submits himself or herself, have been issued to guide government officers and employees in the efficient performance of their obligations. When one becomes a public servant, he or she assumes certain duties with their concomitant responsibilities and gives up some rights like the absolute right to travel so that public service would not be prejudiced. (Leave Division, Office of Administrative Services-OCA v. Heusdens, AM P-11-2927 [Formerly AM OCA IPI 10-3532-P], Dec. 13, 2011, Ponente: Associate Justice Jose Mendoza)
Similarly, in the case of Judge Luis Enriquez Reyes v. Raquel S. Bautista, Administrative Matter P-04-1873, promulgated on Jan. 13, 2005, Per Curiam, the Court held that “[a] court stenographer was found guilty for traveling abroad without securing the necessary permission for foreign travel. She was also found guilty of dishonesty when she indicated in her application that her leave would be spent in the Philippines, when in truth it was spent abroad.”
Applying the foregoing to your case, the fact that your travel abroad is personal, short, or during a holiday does not, by itself, exempt you from securing the appropriate authority before leaving the country. As a government employee, you are still bound by regulations governing foreign travel as part of the conditions of public service. You may check your agency’s travel guidelines, as this varies depending on your position and the government agency you are employed in.
We hope that we were able to answer your query. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your unwavering trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
