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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 394 -
IMPOSING THE PENALTY OF REPRIMAND ON AMBASSADOR FORTUNATO D. OBLENA OF
THE DEPARTMENT OF FOREIGN AFFAIRS
This refers to the administrative complaint
filed motu proprio by the Department of Foreign Affairs against
Ambassador Fortunato D. Oblena for falsification of public documents,
misrepresentation, and conduct unbecoming of an Ambassador in
connection with the invalid adoption by Amb. Oblena of his son, Brigido
Oblena, age 6.
To ascertain the veracity of the allegations against Amb. Oblena and to
correct any violations of law which may have been committed by Amb.
Oblena and other concerned individuals, the Department of Foreign
Affairs requested the Office of the President for a Presidential
Authority to investigate the aforementioned allegations against Amb.
Oblena pursuant to the provisions of Sec. 51 of R.A. 7157 (Foreign
Service Act of 1991);
Upon the grant of the Presidential Authority to investigate, the
Department constituted a Fact-finding Mission to determine whether or
not a prima facie case exists against Amb. Oblena in connection with
the aforementioned allegations;
The Fact-finding Mission headed by Undersecretary Leonides T. Caday
with Mr. Generoso Calonge, Career Minister, and Mr. Henry Bensurto, FSO
II, as members, proceeded to the Middle East to examine the allegations
against Amb. Oblena and to secure pertinent documents relating the
allegations;
The Fact-finding Team reported to the Secretary of Foreign Affairs that
"based on its examination of the persons involved in or have knowledge
of the case as well as the pertinent documents on the matter, there is
reasonable ground to believe that Amb. Oblena has committed the
offenses of falsification of public documents, misrepresentation, and
conduct unbecoming of an Ambassador under Sec. 46, Chapter 7, Title
I, Book V of E.O. 292 (Revised Administrative Code of 1987) in
connection with his alleged adoption of his supposed adopted son,
Brigido."
The Department of Foreign Affairs lodged formal administrative charges
against Ambassador Fortunato D. Oblena, dated 23 January 1998, for
falsification of public documents, misrepresentation, and conduct
unbecoming of an Ambassador stemming from the alleged invalid adoption
of Amb. Oblena of a child named Brigido and the Ambassador's false
declarations concerning Brigido's paternity;
In his answer to the Formal Charges dated 11 February 1998, Amb. Oblena
admitted to the irregularity in the adoption of his ward, Brigido, and
manifested that such was due not to any malicious intent on his part to
falsify documents or to commit any acts of misrepresentation, but
mainly to his desire to provide the proper care and support to Brigido
who had been abandoned by his biological parents and because of the
improper legal advice extended to him by his former lawyer;
Amb. Oblena further informed the Department that he does not elect a
formal investigation and hearing of the case but is submitting the case
for resolution based on existing records;
Ambassador Oblena informed the Department that he filed a formal
petition for the adoption of Brigido with the Regional Trial Court of
Quezon Province where hearings regarding the special proceeding for
adoption are currently on-going;
Amb. Oblena has taken the necessary steps to secure new documentations
for Brigido, including, the cancellation of the latter's diplomatic
passport and the issuance of a new passport;
The Board of Foreign Service Administration at its Regular Meeting No.
02-98 agreed en banc to recommend that Amb. Oblena be admonished in
connection with the administrative case lodged against him in view of
his explanation that he was provided with the incorrect legal advice
and his having adopted Brigido mainly out of sincere desire to assist a
fellow Filipino, furthermore, that he has undertaken the proper legal
steps to lawfully adopt Brigido;
Upon an examination of the records of the case and in view of the
recommendations of the Board of Foreign Service Administration, the
Secretary of Foreign Affairs adopted the Board's position on the matter;
In view of the above findings as well as of the need to convey a clear
reminder to all government officials and employees to be more
circumspect in their actuations, especially when third parties are
affected, the Secretary of Foreign Affairs recommended that the penalty
of REPRIMAND be imposed on Ambassador Oblena in connection with the
above charges for falsification of public documents, misrepresentation,
and conduct unbecoming of an Ambassador.
We concur with the findings of the Secretary of Foreign Affairs.
WHEREFORE, premises considered, respondent Fortunato D. Oblena, Chief
of Mission II, is hereby found guilty as charged. Accordingly the
penalty of reprimand is hereby imposed and is further directed to:
(1)
(2)
(3)
Done in the City of Manila,
this 8th day of May, in the year of Our Lord, nineteen hundred and
ninety eight.
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