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Stirrings at the DFA

There are unusual stirrings at the sedate Department of Foreign Affairs.

Unusual, but very much welcome.

The usually staid Union of Foreign Service Officers (Unifors), the official organization of active career foreign service officers (to differentiate it from Uniffors, with two f’s, the more militant, underground Union of Filipino Foreign Service officers), is starting to speak out against the blatant violations of the Foreign Service Act by the present DFA leadership.

Unifors is joined by the DFA Rank and File Association (DFARFA) and by the umbrella group DFA Personnel Association in assailing another service extension of Ophelia Gonzales, assistant secretary for personnel and administrative services.

Gonzales, who was supposed to retire when she turned 65 on April 10, 2005, had her services extended several times last year and has been given another appointment starting April 11, 2006 up to July 10, 2006. As assistant secretary for personnel and administrative services, Gonzales is supposed to be the “guardian of the merit system” in the department. Yet, in the words of retired Ambassador Hermenigildo Cruz, she is “violating the laws she is supposed to safeguard.”

In separate letters to Gloria Arroyo coursed through Foreign Secretary Alberto Romulo, the Unifors, DFARFA and DFAPA cited Section 23 of the Foreign Service Code which states “All officers and employees of the department who have reached the age of sixty-five (65) shall be compulsorily and automatically retired from the Service.”

Since Gonzales had been considered a political appointee since April 11 last year, the three foreign service groups also cited violation Executive Order 136 issued in July 1999 which states, “Upon approval of the President, the first extension of services for presidential appointees shall be for six (6) months, and subsequently for a second extension of six (6) months, or a maximum extension of one (1) year only.”

There is also the Civil Service regulation that “No person who has reached the compulsory retirement age of 65 years can be appointed to any position in the government.”

The CSC said there could be exceptions. “In meritorious cases, the commission may allow the extension of service of a person who has reached the compulsory retirement age of 65 years, for a period of six (6) months…Provided that such extension may be for a maximum period of one year for one who will complete the fifteen years of service provided under the GSIS Law.”

The Unifors letter has 65 signatories including five assistant secretaries. Unifors president Maria Fe T. Pangilinan said: “While Unifors recognizes the many years of service of Ms. Gonzales, her proposed extension or appointment has no legal basis. Extending her service anew, in that position which is central to the building of strong esprit d’corps and professionalism, mocks all the principles and legal foundations upon which the career service rests.”

Michael G. Macaraig, president of DFAPA and secretary general of DFARFA, was more plaintive: “How can we attain a world-class foreign service when we are the first one to contradict and derail all efforts to increase the level of professionalism in the department? To our knowledge, there are about a dozen or so career officers currently on ‘floating’ status that are qualified to assume the position of assistant secretary of OPAS.”

Macaraig further said that the DFARPA feels that the extension of Ms. Gonzales’ services will plunge the foreign service into “the abyss of unprofessionalism.”

In fact, violation of the 65-retirement-age rule has become practice in the DFA. The rule is that, one is not supposed to be posted abroad one year before retirement for the simple reason that one would not be able to accomplish much in bilateral relations between the Philippines and the host country in a year or less. Another reason is financial. It takes at least one million pesos to move an officer to a foreign post. What a waste it would be if he or she stayed only for less than the three-year regular foreign assignment.

Yet, Estrella Berenguel, ambassador to Vietnam, was sent to Vietnam three months before her retirement last February. Not surprisingly, her services have been extended. Norberto Basilio assumed his post as ambassador to Bangladesh last January when he was due for retirement March 2006. Again, of course, he was extended.

Among those who assumed their foreign post early this year are three ambassadors due for retirement in less than three years. Susan Castrence in South Korea, who said she will come home when she turns 65 in September; Jose del Rosario, who will turn 65 in June 2007, and Jose Zaide Jr. in April 2008.

How can Gonzales implement the law when she is the chief violator?

It is common sense that, just like in the military, when you extend the services of retirable officers, you prevent younger officers from moving up. The effect is demoralization.

Unifors said they are for a strong and professional foreign service career corps and they believe that “unbridled extensions retard career development and erode professionalism and good governance.”

For so long, the Unifors had kept quiet amidst acts that trample on the foreign service corps. “Unifors will no longer countenance the damage to the morale and the setback to the development of career service officials these extensions occasion,” they said in their statement.

Since Unifors seems to have rediscovered their voice and idealism, they should also oppose the nomination of former Supreme Court Justice Hilario Davide as ambassador to the United Nations. He is past 70 years old. His appointment is in violation of Sec. 23 of the Foreign Service Act.

(PCIJ has a story on how Arroyo is wreaking havoc on the government bureaucracy. It’s on http://pcij.org/stories/2006/cesb.htm)

Published inForeign AffairsMalaya

383 Comments

  1. luzviminda luzviminda

    Truly, UNPROFESSIONALISM IS VERY COMMON in the administration of The Cheat Executive Gloria Arroyo! Kailangan syempre ang palakasan at payback system. THEY ARE USED TO VIOLATING LAWS OF THE LAND AND INSTITUTIONS!

    Also about the Aragoncillo case:
    The fact that the incompetent administration of GMA will ask for the documents in the Aragoncillo case in the US to pin down Erap et al in the rebellion case, shows that the they have NO SOLID EVIDENCE AGAINST ERAP & THE OPPOSITION!

  2. batong•buhay batong•buhay

    Off-Topic Ellen: According to the Manila Times in its front page today, nakipagkita raw si pandak kay King Fahd ng Saudi. Di ba matagal nang patay si King Fahad at pinalitan na ng kapatid na si King Abdullah? O baka sa impiyerno sila nagkita? Talagang ito si pandak magulo na ang daigdig, pati sa patay nakipag-appointment!

  3. goldenlion goldenlion

    What else is new? Illegal presidential appointments in the DFA will continue as long as gloria the cheater, the liar, and the corrupt is around!!! Pinnochia is satan’s lover, protector of the elites, the gamblers, the muse of the lords of the rings. To hell with this pandak usurper. Her days is just around the corner. Prepare for a bloody confrontation- people of the Philippines!!!

  4. jinxies jinxies

    08 May 2006

    Ms. Ellen,

    I have said before in the previous discussion the demoralization by the DFA employees, what the UNIFORS did, was correct, but, I will repeat again, these people belonging to the UNIFORS only think of themselves, you ask them, what is really happening to the DFA??? most of the employees (especially the officers) they only tend to think for themselves, when then OPAS boss in 2001, implemented the rule, that the heads of Posts (AMbassadors or Consuls Generals) will be given the authority to accept or not the posting of rank and file employees, did the raise their concern??? NO!!!! As I said beforem these officers at the DFA will only think for themselves. Now these UNIFORS are raising a howl on the extension of ms. gonzales. If they were really concerns on how the DFA is being run, they should have objected on the cahnge of policy for assignable DFA employees. For your information, according to sources, UNIFORS have approach mr. macaraig to assist them against the extension of ms. gonzales. Mr. macaraig, ever mindful of the provision of RA7157, joined the UNIFORS in loobying for the non-extension of ms. gonzales. IF UNIFORS will really implement RA7157, in the first place, they should have filed against the CA in the senate against the appointment of Davide, Baja, Berenguel, etc., etc., etc…Did the UNIFORS filed a petition against the appointment of DAVIDE to replace Baja in New York??? (never heard that they raise a howl on this). Kanya-kanya rin ang mga opisyal ng DFA, when its their time, do you think these people will not do the same??? Another question, when the DFA was being used by other politicians, did they question it??? when the DFA was being used for the politicial obligations of the presdient, did they raise the issue???NO!!!. I will repeat, unless they can remove the political accomodation, it will just be the same old rotten system. Bottomline, tangalin muna nila ang mentalidad nilang kanya-kanya system sa DFA. The cost of demoralization in the DFA is their own doing, they dont know when to make the noise, pag nakikinabang sila ok lang, pero pag sila naman ang hindi nakikinabang, atsaka sila nag-iingay. DFA officials are “HYPOCRITE” (although, not all) they will not accept it.

    jinx

  5. myrna myrna

    This situation in DFA is really amusing. Kaya lang, paano masunod sa ibang agencies ng gobyerno ang patakaran kung mismong si gma, number one violator.

    Rule by example naman talaga dapat. Kaso, ang motto ng Malacanang, DO AS WE SAY, AND NOT WHAT WE DO!

    Tama lang ang sa column ni Conrado de Quiros: SNAP Gloria!

    Siya ang root ng problema, kaya dapat siya ang unang tanggalin.

    Incidentally, welcome back Ellen. Matagal din bakasyon ah! Sana nakapagpahinga ka ng kahit man lang para renewed strength and vigor uli dito sa blog.

  6. jinxies jinxies

    08 May 2006

    Off-Topic

    What’s with Sec. Gonzales of DOJ, and government’s plan to extradite the key personalities who are involved in the Aragoncillo espionage??? According to GMA and her clowns, they plan to file treason or rebellion on lacson, erap, fuentebella and the others implicated on this case. If that’s the case, what do they call the 2001 EDSA II??? they have plotted against ERAP as early as 2000. DId ERAP reaise a finger against them??? NO!!!, kasabihan nga “GALIT ANG SAKIM SA KAPWA SAKIM” If, these happens, I suggest, that ERAP files the same case against gloria and her clowns. PAg sila ang gumagawa lelgal lahat, pag iba na ang gumagawa, illegal na, tsk, tsk, tsk….. You’re correct myrna “Rule by example naman talaga dapat. Kaso, ang motto ng Malacanang, DO AS WE SAY, AND NOT WHAT WE DO!”

    I say, we press for a snap election. it is the only way for the country to move, unless the question of illigitimacy of this administration, nothing will happen.

    SNAP ELCTION!!!! NOW NA!!!!

    jinx

  7. Jinxies,

    You must be a DFA employee. The actions of UNIFORS, DFARFA and DFAPA is a good beginning to stop the corrupt management of the DFA. Let us hope the three DFA employees union take the next steps and go to court to stop all the violations of law.

    Ophelia Gonzales is the architect of the corrupt management
    of the DFA. She has been exempting herself from the
    provisions of the Civil Service Law and the Foreign Service Act. The repeated extensions of her services is a case of filing violations on top of one another.

    Under the Civil Service Law and rules, all personnel actions of a person with a pending administrative case is frozen. This includes promotions, assignments abroad and
    extension of services. Gonzales has a pending administrative case with the BFSA referred there by the
    Ombudsman Case no. 01-0156-D. It has been pending since
    August 2002. Notwithstanding this case, Gonzales has been
    extended three times during this period.

    Since Gonzales as Chief of Personnel is mandated under
    Sec. 21, RA 2260, the Civil Service Law, to prevent such
    personnel actions in violation of law, she obviously
    exempted herself from the law.

    Let us hope the DFA employees union get together and charge
    her before the Ombudsman for these violations of law. It is
    a good beginning. Removing Gonzales as head of Personnel is the first step in eliminating corruption in the DFA.

  8. OMBUDSMAN CASE NO. is CA 02-0156-D. Correction for those
    interested in verifying this matter.

  9. somebody told me, the best and the
    brightest of graduates in Japan as
    matter of course join Finance and
    Foreign Affairs Departments.

    in the Philippines may be once
    upon a time, that did happen. Now
    gradually, very slowly, that changed
    into something deplorable and disgusting.
    Imagine our ambassadors and consuls
    in foreign countries are no better
    than our corrupt personnel in the
    customs and the BIR, and in Congress
    too. There’s no difference now.
    Our best and the brightest have been
    corrupted by morons in the executive
    branch.

    You look at these SOBs, they look
    pathetic, slobs that do not deserve
    the respect of people who pay their
    salaries. To be kind they are tufas
    (sheeps)binabatukan, dinuduraan,
    sinisipa ng mga boss. Sa kunting
    sweldo, nagpapatuta.

  10. Sa mga ambassador na appointed
    ni gloria, sino ang hindi
    corrupt? Magsalita naman kayo.
    mga taga DFA. Sa mga embassies
    natin abroad sino ba ang hindi
    corrupt. Mula sa New York, sa
    Washington,D.c., AT IBA PA.

    when pinoys go abroad, they try
    to avoid going to our embassies,
    yung iba hindi makaiwas, sumusuka
    sila ng 25 dollars para lang sa isang
    pirma. Legal extortion nangyayari
    sa mga embassy natin sa broad.

  11. Jay,

    The violations of the Foreign Service Act are being done openly and the violators sent abroad no less as Ambassadors.
    We are displaying before the whole world the corruption in our government. Eventually corruption at the top seeps to the bottom of the hierarchy. Specially so if corrupt
    conduct is rewarded, and there are many such examples now
    in the DFA.

  12. alitaptap alitaptap

    According to recent news feature, the position of Davide as UN ambassador carries a whooping salary of $360,000. That is almost on par with the salary of Dubya at $400,000. What has Davide done for Gloria lately that merits him such moolah? Ole man Davide … you must be very naughty… (smile)

  13. Thanks Hermie for the info on the Ombudsman Case. I’ll be doing something for PCIJ on DFA. I would need that.

    Alitaptap, I think that info on Davide’s salary came from Amb. Cruz. You bet, Davide is amply rewarded. Gloria is just telling the world how generous she is to those who will help her stay in power. Damn the country. Damn honesty and the values we hold dearly. Damn the Filipino people.

  14. alitaptap alitaptap

    Ellen, something just hit me about “Arroyo wreaking havoc on the government”. Last time Arroyo went to Japan to entice the Japanese about increasing the quota of pinay “entertainers” , now known as japayukis. Now Arroyo is visiting the Saudis to pimp for Arapukis? Certainly havoc for philippine culture too!

  15. Ellen,

    Include another Ombudsman case, CPL 01-02-1171. We filed a case with the Ombudsman, we meaning three retired career officers and Mike Macaraig, President of DFARFA. No action has been taken on this complaint. We indicated all the violations of RA 7157 which we are discussing now, over age
    70 non-career CMs, career personnel over age 65, Foreign
    Affairs Advisers who have been designated diplomatic secretaries, career ambassadors who have stayed up to thirteen years abroad ( limit of tour of duty is six years).
    Our case has been handled by four lawyers in series. The
    Ombudsman has not acted on the case up to now.

  16. Additional Info ; The Foreign Affairs Advisers are not even
    civil service eligibles. They are in the non-career service , that is, political appointees.

  17. jinxies jinxies

    09 May 2006

    Amb. Cruz,

    Yes I am, if you have read the previous blog (before ellen went for a vacation), I was one of the few to “to put up” , I was, before, handling one of the key division in the DFA, (although in an acting capacity only) but key officials in the DFA envied it, the question they ask, “why him” not an officer. The problem that exists in the DFA, if you are not an officer and you were given to handle a key division in the DFA, that’s when officers of the DFA start asking and started to hate me. second, they know that I know what i’m doing and they try go around me, even trying/requesting the SFA to remove me from my position. They tried and tried until I was transfered to another office. So I know how these so called officers thinks, as i said they only think of themselves, and i have my reason to beleive it based on my exposure to this key division in the dfa and I saw how these officers uses their position/s just to get the nod of the SFA. Bottomline, these officers will not do anything, unless they are at the receiving end.

    My question to you Amb. Cruz, would you agree with the system that OPAS has the sole authority to assigned dfa employees or to ask the permission/s of heads of post for the assignement of employees??? The system of asking the permission/s of the heads of post was change only druing the time of then OPAS assec and now Philippine amb to stockholm Bataclan.

    Your comment/s.

    jinx

  18. Jinxie,

    I already replied to your question in an earlier blog. It is bad management to ask the permission of heads of mission
    before assigning an employee abroad. Those who do not know
    any head of office will never get assigned abroad. Moreover, I pointed out that the administrative officer and the finance officer are supposed to check on the disbursements of the head of mission. If you let the head
    of mission to select these two employees, he will select his
    tuta or minion. Heads of mission are allowed to object to the assignment of certain persons abroad since some of them
    are trouble makers. But this should be applied only in those cases were the employee concerned is a known trouble maker.

    My advice to you is to work closely with Mike Macaraig, President of DFARFA. He is a man of courage and integrity.
    He signed the complaint we filed with the Ombudsman on the
    violations of the FS Act in 2001. He also lobbied with me in contacting the key members of the House regarding the
    proposed investigation of the corruption in the DFA. Our efforts went for naught in 2001 because the top officials of UNIFORS as you pointed out, walked out on us. As you
    stated there are only looking after themselves. But we may have a new breed of leaders now in UNIFORS as shown by the fact that they complained against the Gonzales extension of service.

    I am in New Jersey now. But I hope to be in Manila in
    July. I will get in touch with Mike Macaraig, I hope to meet with you all who are for the merit system. We hope
    we can convince the UNIFORS to join DFARFA in doing two things : a) File a case in court again to stop the violations of RA 7157 and b) Petition Congress to hold a
    congressional hearing on the violations of RA 7157.

    I had three tours of duty in Personnel during my career in the DFA. I had participated in all the amendments to
    RA 708 the FS Act of 1952. We can work together to improve the service.

  19. jinxies jinxies

    09 MAy 2006

    Thanks for the reply, I am looking forward to meet you, and as they say, the pleasure is all mine.

    More power to you.

    jinx

  20. It seems like yesterday, but more
    like ages ago, I SAID HERE IN ELLEN’S
    JEWEL OF A BLOG that the battle to
    win the war is not in Mendiola but
    in the streets fronting the supreme
    court, the congress, the senate,
    and the comelec. NOW THE BATTLES ARE
    ALMOST IN ALL DEPARTMENTS OF THE GOVT.
    UNDERSCORED THE DEPT OF FOREIGN
    AFFAIRS, IF WE ARE TO REGAIN LOST
    HONOR AND PRESTIGE OF THE FILIPINOS
    ABROAD. BURNING DOWN THEM DOWN
    WILL PROVE TO THE WORLD WE STILL
    HAVE INTEGRITY AND HONOR AS A PEOPLE.

    WHEN THE VOICE OF THE PEOPLE IS THE
    VOICE OF GOD, ANY ACT OF THE PEOPLE
    AGAINST PEOPLE OR FAKED LEADERS WHO
    OPPRESSED THEM AND COMMITS TREASON
    IS AN ACT OF GOD, NOT SEDITION; REPEAT
    NNNOOOTTT SEDITION.

  21. i am waiting for somebody to tell
    me, burning down the kitchen will
    serve no purpose, if the kitchen
    IS NOT HELL’S KITCHEN.

    VERY SAD, PINOYS I THINK ADHERE
    TO THE DICTUM: When you can not
    bear or endure the heat of the kitchen,
    leave or get out of the kitchen.
    These dictum is for some Pinoys:
    they become OFWs or immigrants.

    In the case of ships, like
    gloria’s ship, people need to
    burn the ship for the RATS to
    jump ship to save their rattened
    lives.

  22. HAHAHAHA! Re King Abdullah and King Fahd…

    Spot on Batong Buhay!

    Who knows? Gloria may really have a hot line to Lucifer. I wouldn’t be surprised that she managed a 1 million vote edge over FPJ by rousing the deads to vote…

  23. The new extension of Ophelia Gonzalez service was cancelled. That simply shows that it pays to stand up for your rights.

    Gonzalez has been replaced by Jocelyn Garcia. There’s a problem here. Garcia is also a “violator” of the provision in the foreign service act that foreign assignments should be maximum of six years. She stayed nine years in Washington D.C. The husband is still there.

    How is Garcia then going to address violations of teh foreign service act?

  24. gawadmabini gawadmabini

    getting back to the subject of the replacement of asse. ophelia gonzalez…jocelyn batoon garcia is simply put the worst choice for the job. the woman is utterly and most definitely out of touch with reality. according to some sources in the dfa, jocelyn garcia has unilaterally denied the extensions of some foreign service personnel citing pertinent foreign service regulations. but is openly fighting for the extension of a known close associate in washington dc, who is apparently deemed a constant trouble maker wherever she goes. some double standard.

    on corruption in the foreign service, sources say that such occurs almost everywhere in the foreign service, particularly from the younger fsos abroad.

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