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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 136 -
IMPOSING THE PENALTY OF ONE (1) MONTH AND ONE (1) DAY SUSPENSION
WITHOUT PAY ON AMBASSADOR NELSON D. LAVIÑA, CHIEF OF MISSION I,
AND SUSPENSION OF THREE (3) MONTHS WITHOUT PAY WITH SEVERE REPRIMAND ON
NESTOR N. PADALHIN, CHIEF OF MISSION II, BOTH FOR SIMPLE MISCONDUCT AND
BOTH OF THE DEPARTMENT OF FOREIGN AFFAIRS (DFA)
The administrative case against Ambassador
Nelson D. Laviña, Ambassador Extraordinary and Plenipotentiary
to Kenya stemmed from the charges issued against him by three (3)
members of his staff, all Kenyan nationals, that he appropriated part
of their salaries for his personal use, while that of Consul General
Nestor Padalhin from charges raised against him by Ambassador
Laviña.
On January 14, 1997, the Department of Foreign Affairs (DFA), through
the Board of Foreign Service Administration (BFSA) requested this
Office for a Presidential Authority to investigate the allegations of
misconduct committed by Ambassador Laviña and also that of
Consul General Padalhin at the Philippine Embassy in Nairobi, Kenya.
The request was granted.
The Department of Foreign Affairs, through the Board of Foreign Service
Administration (BFSA), constituted a Fact-Finding Team composed of
Undersecretary Rosario G. Manalo, Office of Legal Affairs (OLA),
Assistant Secretary Franklin M. Ebdalin and Ma. Theresa B. Dizon, FSO
IV, and authorized the same to travel to Nairobi, Kenya from 20-30
April 1997 to conduct a fact-finding investigation pursuant to the
authority granted by the Office of the President.
In a Memorandum dated 24 June 1997, the Secretary of Foreign Affairs
transmitted to the Office of the President the findings of the
Fact-Finding Team. The Team recommended, and the Secretary concurred,
that Amb. Laviña be charged administratively without prejudice
to the filing of appropriate criminal charges. Ambassador Laviña
was administratively charged for Conduct Unbecoming of an Ambassador
consisting of the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
On the other hand Nestor N. Padalhin, Chief of Mission II, Special
Assistant to the Undersecretary for International Economic Relations
and formerly Minister-Counselor and Consul General, Philippine Embassy,
Nairobi, was charged of Conduct Unbecoming of an Officer as manifested
in the following acts:
1.
2.
On 17 July 1997, pursuant to Board Resolution No. 97-21, the Board of
Foreign Service Administration (BFSA) created a Special Investigating
Committee (SIC) to hear the charges against Amb. Nelson D.
Laviña and Consul General Nestor N. Padalhin with former
Undersecretary Leonides T. Caday as Chairman and with the following as
Members: Asst. Sec. Jose Fernandez, Asst. Sec. Victor Garcia III, Asst.
Sec. Marcellana Desales and Asst. Sec. Luz Palacios.
The SIC commenced hearings of the charges on 10 October 1997 with Amb.
Laviña, represented by counsel, who opted for a formal hearing
of his case. The hearings lasted until 10 June 1998.
On 5 January 1999 after due deliberations on the facts of the case, the
SIC submitted its findings to the Board that Amb. Laviña is
guilty of dishonesty, misconduct and gross violation of regulations and
recommended his suspension for six (6) months and issue a letter of
admonition. In its Resolution No. 99-07 dated 15 April 1999, the Board,
by a majority vote of the voting members present (Undersecretary
Rosario G. Manalo and Assistant Secretary Franklin Ebdalin inhibited
themselves from participating in the deliberation of the Board on this
case as both were members of the Fact-Finding Committee whose report
was the basis for filing the administrative cases against Ambassador
Laviña and Mr. Padalhin), resolved to affirm the SIC's findings
and recommendations, as amended, to wit:
a)
a)
b)
On 11 June 1999, Amb. Nelson D. Laviña submitted to the Board
his Omnibus Petition for Review and to Admit Newly Discovered Evidence.
The Board of Foreign Service Administration at its En Banc Hearing held
on 03 September 1999 deliberated on the Omnibus Petition for Review and
to Admit Newly Discovered Evidence in connection with the Board
Resolution No. 99-07 dated 15 April 1999 filed by Mr. Nelson D.
Laviña, Chief of Mission. It was the Board's consensus, however,
that Amb. Laviña be found guilty for one count of misconduct for
the offense of illegally deducting from and/or appropriating for his
own personal use the salaries and compensation of four (4) Kenyan local
hires of the Philippine Embassy. Under the Civil Service Rules and
Regulations, the offense of misconduct carries the penalty, for first
offense, of suspension for one (1) month to six (6) months. For the
aforesaid offense, the Board members agreed to recommend to impose the
penalty of one (1) month and one day suspension without pay against Mr.
Laviña. In making its recommendation for his penalty, the Board
considered Amb. Laviña's forty (40) years of service with the
Department and very satisfactory performance.
With respect to the charge against Consul General Padalhin, the Board
found him guilty of simple misconduct and recommended that he be meted
the penalty of suspension of three (3) months without pay with severe
reprimand.
In view of the foregoing, this Office, after a careful study of the
case concurs with the recommendation of the DFA Secretary and hereby
orders that Ambassador Nelson D. Laviña, Chief of Mission I, be
meted the penalty of one (1) month and one day suspension without pay,
and that Consul General Nestor N. Padalhin, Chief of Mission II be
meted the penalty of suspension of three (3) months without pay, with
severe reprimand.
Done in the City of Manila,
this 4th day of September, in the year of Our Lord, two thousand.
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