Administrative Order No. 59




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ ADMINISTRATIVE ORDER NO. 59, March 04, 1999 ] IMPOSING THE PENALTY OF REPRIMAND ON AMBASSADOR SANCHEZ ALI, AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY TO MUSCAT, OMAN, DEPARTMENT OF FOREIGN AFFAIRS This refers to the administrative case filed by the Department of Foreign Affairs against Ambassador Sanchez Ali for Grave Misconduct, an offense proscribed under Section 23 (c) Rule XIII Book V of Executive Order 292 (Revised Administrative Code of 1987) and Section 55 of RA 7157 (Philippine Foreign Service Act of 1991). The case arose from a complaint of former Minister Counselor and Consul General at the Philippine Embassy in Muscat, Oman, Mr. Wilfredo L. Maximo. According to complainant, on June 29, 1996 he was being consulted by Mr. Hector Almeda, Administrative Officer of the Embassy, on the procedures for hiring a locally engaged employee in view of the intention of the Ambassador at that time to hire a new security guard for the Embassy. Citing his experience in his previous posting in New Delhi, complainant informed Mr. Almeda on the need to secure prior authorization from the Department of Foreign Affairs for the Embassy to hire a new security guard. At that instance, respondent challenged complainant to produce the pertinent department order or circular. Mr. Maximo replied that he did not have the pertinent document on hand but repeated his recollection of the procedure observed on a similar situation in his previous posting in New Delhi. He noticed that the respondent was at that time beginning to show signs of agitation. When complainant failed to produce anything in writing despite repeated demands from respondent, the latter yelled invectives against complainant and almost simultaneously struck him on the left side of the face, dislodging his pair of eyeglasses. Respondent allegedly attempted a second blow but missed. Instead, he hit a glass panel and cut his hand, then climbed on top of the complainant's desk and threatened complainant further. Thereafter, the proverbial cooler heads intervened and restrained both complainant and respondent. Later that afternoon, respondent Ambassador again reprimanded complainant, Mr. Almeda and the Embassy's driver for the slow progress on the repair of his (Ambassador's) car which was involved in a vehicular collision viewed with suspicion by the respondent Ambassador as an attempt on his life. The complainant was referred to a fact-finding team, on the basis of the recommendation of which the Department of Foreign Affairs filed a formal charge against respondent dated 15 December 1997 for grave misconduct, an offense under Section 23 (c) Rule XIII Book V of Executive Order 292 (Revised Administrative Code of 1987) and Section 55 of RA 7157 Philippine Foreign Service Act of 1991) with the Board of Foreign Service Administration (BFSA). Pursuant to Board Resolution No. 09-98 dated 15 June 1998, the BFSA created an Investigating Committee mandated to hear and receive evidence for and against the respondent. Mr. Maximo appeared before the Investigating Committee on 18 June 1998 to re-affirm his earlier report of the incident dated 01 July 1996, his affidavit executed before the fact-finding Committee on 01 November 1997, and present his version of the incident, Amb. Ali did not bother to adduce any evidence in his favor. The closest hint of defense from the Ambassador is his claim of "self preservation" in anticipation of "imminent physical attack" from Mr. Maximo. The Investigating Committee found substantial evidence in support of the charges against the respondent. In its Regular Board Meeting No. 06-98 held on 05 November 1998, the BFSA deliberated on the administrative case filed against the respondent and affirmed the findings of the Investigating Committee. Further, the Board recommended the issuance of a reprimand against the respondent and to enjoin the Secretary to inform the President of the record of the Ambassador Sanchez Ali in the event that the President should consider him for nomination to another ambassadorial post. The Secretary of Foreign Affairs concurred with the findings of the majority of the Board members. After a review of the case, this Office concurs with the findings of the Department of Foreign Affairs. WHEREFORE, premises considered, Ambassador Sanchez Ali is hereby meted the penalty of reprimand with a warning that a repetition of a similar offense shall be dealt with more severely. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. Adopted: 04 March 1999 BY THE PRESIDENT: (SGD.) RONALDO B. ZAMORA Executive Secretary The Lawphil Project - Arellano Law Foundation