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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 284 -
IMPOSING THE PENALTY OF ONE MONTH SUSPENSION WITHOUT PAY ON JOSE R.
BURGOS, FOREIGN SERVICE OFFICER II, DEPARTMENT OF FOREIGN AFFAIRS
This pertains to the administrative case
filed by the Department of Foreign Affairs, hereinafter the
"Department", against Mr. Jose R. Burgos for unauthorized absences and
conduct prejudicial to the best interest of the service.
The pertinent facts of the case are uncontroverted.
Respondent filed with the Philippine Consulate General in San Diego,
California, U.S.A., an application for emergency leave for twenty-one
(21) working days from 14 February to 14 March 1991. On 14 February
1991, respondent's request for leave was transmitted to the Department
through the Office of the Personnel and Administration (OPAS) by Consul
and Principal Officer Gloria R. Da Rodda of the Philippine Consulate
General, San Diego.
Pending approval of his application for leave, respondent left San
Diego en route to Manila. On 19 February 1991, respondent reported at
the Department and logged-in at the Register of Returning Foreign
Service Personnel at the OPAS.
In a letter-telex dated 27 February 1991, respondent was directed by
the Undersecretary Pablo R. Suarez of the Department to explain in
writing within twenty-four (24) hours why no administrative action
should be taken against him for violation of Sec. 588 of the Foreign
Service Code and Section s 3 and 6 of Memorandum Circular No. 2, S.
1985. of the Civil Service Code.
In response to the letter of USec. Suarez, respondent explained that
the Head of Post in the Consulate General in San Diego already approved
his application for leave but the transmittal thereof to the Home
Office had been delayed. Moreover, respondent claimed that a member of
his family was in serious health condition prompting his immediate
return to Manila.
Finding his explanation unsatisfactory, the Department, on 12 March
1991, formally charged respondent with violation of existing Civil
Service Rules and Regulations and Sec. 588 of the Foreign Service
Code, Unauthorized absences and Conduct Prejudicial to the Best
Interest of the Service.
The only issue to be resolved in the instant case is whether or not
respondent left his post or assignment of duty without authority from
the Home Office.
In his Answer to the formal charges dated 21 March 1991, respondent
admitted that "[his] request for an emergency leave to Manila has
caused some misunderstanding and miscoordinations so much so that the
necessary approval from the Secretary of Foreign Affairs was not
obtained" (Emphasis supplied).
In view of the foregoing, respondent Jose R. Burgos is hereby SUSPENDED
for a period of one (1) month without pay.
DONE in the City of Manila this
29th day of May, in the year of Our Lord, nineteen hundred and
ninety-two.
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