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 W…

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.   Illegally deducting a portion from the salaries of three
Kenyan local hires of the Philippine Embassy, Nairobi, and using the
deducted amount for his personal use;

2.   For purchasing and keeping in his possession raw elephant tusks which is prohibited under Kenyan law;

3.   For allowing the involvement of members of the Filipino community in the internal concerns of the Embassy;

4.   For endorsing to an International Organization communications
signed by an Embassy staff member containing defamatory statements
against some members of the Filipino community as well as transmitting
to that organization internal communications of the Department of
Foreign Affairs;

5.   For attesting to affidavits of Ms. Helen Tadifa, Finance
Officer, containing defamatory statements against members of the
Filipino community;

6.   For improperly undertaking representational activities such as
non-holding of an Embassy Celebration of the Philippines’ National Day
for members of the Diplomatic Corps in 1996 despite the release of US
$1,000 for this purpose, and instead allowing the said fund to be used
as reimbursement for silverware dishes purchased by his spouse, Mrs.
Estelita Laviña;

7.   For compromising the security of the Embassy premises and
communications by allowing the access of non-Embassy personnel to
secured areas of the Embassy as well as to internal communications;

8.   For charging to the Embassy funds expenses for personal
telephone calls and fax communications, reasoning that his position as
Ambassador entitles him to such a privilege; and

9.   For mismanagement of the Embassy’s operation particularly in fiscal-related matters.

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.    For planning and executing the violation of the residence of
the Philippine Ambassador and the taking of pictures of raw elephant
tusks owned by Amb. Laviña by a Kenyan local hire and a Kenyan police
officer in total disregard for the welfare and image of the Philippine
Government;

2.    For involving members of the Filipino community in the internal concerns of the Embassy;

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)      that the Board endorse the Special Investigating
Committee’s findings and recommendations on the suspension of Amb.
Laviña for six (6) months without pay and in view of Amb . Laviña’s
forty years of service to the Department, to recommend the acceptance of
his offer to retire under R.A. 660 upon the service of said penalty;

a)      xxx
b)      xxx

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.

Adopted: 04 Sept 2000

(SGD.) RONALDO B. ZAMORA
Executive Secretary