Question & AnswerQ&A (DFA DEPARTMENT ORDER NO. 14-10)
Due process means that no officer or employee shall be subjected to disciplinary action or removed except for cause as provided by law and with a reasonable opportunity for the respondent to be heard and to submit evidence before a decision is rendered.
It applies to all officers and employees of the Department of Foreign Affairs in the Home Office, Regional Consular Offices, Foreign Service Posts, including those in career or non-career service, and consultants, detailed or seconded personnel, under the disciplinary jurisdiction of the President or Secretary of Foreign Affairs.
Penalties include dismissal, suspension (up to one year), and reprimand. Dismissal results in permanent separation and disqualification from reemployment; suspension results in temporary cessation of work and loss of benefits; reprimand carries no accessory penalties.
Grave offenses include disloyalty, grave misconduct, gross neglect of duty, dishonesty, falsification of documents, conviction of crime involving moral turpitude, engaging in partisan political activities, bribery, nepotism, oppression, gross insubordination, and others with penalties ranging from suspension to dismissal depending on the offense.
The administrative investigation shall proceed independently from the criminal case unless otherwise directed by the competent judicial or quasi-judicial authority.
Complaints must be in writing, sworn to by the complainant, and include the complainant's and respondent's names and addresses, a narration of facts constituting the offense, documentary evidence, and certification of non-forum shopping. Complaints are filed with the Office of Personnel and Administrative Services (OPAS).
Preventive suspension may be ordered if the charge involves dishonesty, oppression, grave misconduct, neglect of duty, or if there are reasons to believe the respondent is guilty of charges warranting removal from the service.
Preliminary investigation shall be conducted within fifteen (15) days from receipt of order and terminated within thirty (30) days thereafter; extensions may be requested with approval.
The formal hearing is conducted by a Hearing Panel composed of a Chairperson and two members, with procedures for presenting evidence, cross-examination, and submission of memoranda. Hearings are scheduled not earlier than 15 days and not later than 30 days after assignment to the panel.
The respondent may file a motion for reconsideration within 15 days from receipt of the decision based on specific grounds, and decisions of the Secretary may be appealed to the Civil Service Commission within 15 days. Further appeal may be taken to the Court of Appeals for decisions rendered by the President or CSC.