Section 65September 19, 1991, Sec./Art. 65

Living Quarters Allowance. – Commutable living quarters allowable shall be granted to officers or employees in the Service assigned aboard who are citizens of the Philippines. Such allowance may cover the rental or quarters including utilities, telephone and other maintenance expenses which may be revised as to amounts not more often than once a year with the approval of the President.

On transfer from post, allowances shall cease at the end of the month following departure therefrom. Commutable living quarters allowance shall be granted at a per annum rate and shall be commuted and paid monthly beginning on the first day of the month following the arrival of the payee at his post of assignment: provided, however, that the suitability of said quarters in each post shall be officially certified under oath by the chief of mission or principal officer: provided, further, that the equivalent of said allowance corresponding to the first three (3) months following arrival at post shall be paid immediately upon its accrual. On transfer from post, allowances shall cease at the end of the month following departure therefrom.

No living quarters allowance shall be paid to persons occupying government-owned, furnished and heated quarters. No allowance shall be paid for quarters occupied free or under arrangements with other parties permitting direct or indirect gain to the claimant or his family.

If a person entitled to living quarters allowance occupies quarters owned by him, his wife or children, he shall be entitled to a quarters allowance equal to fifty percent (50%) of the rental value of the quarters. The chief of mission or principal officer, as the case may be, jointly with the administrative officer shall certify under their official oaths the rental value on the face of the cash voucher.

Lease contracts entered into by any officer or employee assigned abroad should contain a "Diplomatic Clause" whereby the tenant should he be reassigned to another post or is recalled to the home office.

In case of detail of the officer or employee from his post of assignment (detail to the home office excluded), the quarters allowance shall cease to accrue from the first day of the month following the date of his departure unless it can be shown that the rented quarters used as his residence has been retained at the post of assignment and the rentals thereof are continued, but in no case shall the allowance continue beyond three (3) months without the prior approval of the Secretary. If the officer or employee own the quarters occupied by him, payment of the allowance shall cease immediately unless otherwise authorized by the Secretary.

In case officer or employee is on home leave, the allowance shall cease to accrue from the first day of the month following the date of his departure from his post, unless it can be shown that the rented quarters used as residence has been retained at the post of assignment, but in no case shall the allowance continue beyond three (3) months. This regulation shall apply also in cases where extended leaves of absence are taken in any other emergency cases necessitating departure from the post of assignment unless otherwise authorized by the President upon recommendation of the Secretary. If the officer or employee owns the house occupied by him, the allowance shall be discontinued.