Revised Rules on Board of Foreign Service Admin

Applies to all DFA officers and employees including consultants and seconded personnel, whether career or non-career, and extends suppletorily to attached agency personnel.
Local foreign service employees may be separated by the post head with Department clearance.
Disciplinary authorities include the President, Secretary of Foreign Affairs, BFSA Chair, Assistant Secretary for OPAS (minor infractions), and Heads of Posts.
Ambassadors Extraordinary and Plenipotentiary may not be investigated or separated without Presidential directive.

Covers administrative offenses detailed in the rules.
Administrative proceedings run independently from any related criminal prosecution unless directed otherwise.
Cited related laws for offenses include the Revised Penal Code, Anti-Graft Law, Code of Conduct, Passport Act, Civil Service Decree, and others.

Penalties: dismissal (permanent separation and disqualification), suspension (temporary, no benefits), reprimand (no work cessation).
Exoneration after dismissal or suspension mandates reinstatement and benefits restoration.
Offenses classified as grave, less grave, or light, with examples and respective penalties delineated:
- Grave offenses include disloyalty, grave misconduct, dishonesty, falsification, nepotism, and serious violations resulting in dismissal or suspension.
- Less grave include simple misconduct, insubordination, habitual drunkenness, punishable starting with suspension.
- Light offenses cover discourtesy, tardiness, misconduct leading to reprimand or suspension.
Circumstances such as abuse of position, habitual offenses, use of government property, and admission of guilt affect penalty determination.

Proceedings may be initiated by authorities or complaints by any person (must be written, signed, sworn, and not anonymous).
Complaints evaluated for sufficiency and may be dismissed if deficient or if the matter is personal, in which case ADR is pursued.
OPAS coordinates complaint processing; OLA handles prosecution and preliminary investigations.
Formal charges require specification of charges, evidence, witness statements, and notice for a written response.
Respondents may admit allegations to expedite decisions; failure to answer waives right to be heard.
Preventive suspension is allowed under serious charges to avoid interference with the investigation.
Hearing Panels composed of bar members and personnel conduct formal hearings and produce reports with recommendations.
Hearings include pre-hearing conferences to streamline issues, witness examination, and evidence presentation.
Evidence is marked and parties may request subpoenas; records are kept for the hearing.
Decisions final after 15 days if no motion for reconsideration or appeal is filed.

Motion for reconsideration on grounds of new evidence, lack of evidence support, or legal errors stays execution.
Appeals from Secretary’s decisions to Civil Service Commission must be within 15 days.
CSC remands require re-investigation within 3 months; failure to comply results in exoneration.
Appeals from President and CSC to Court of Appeals do not stay execution but suspension considered preventive suspension.
Executive clemency may commute penalties on recommendation, subject to conditions.