This is an administrative case against Consul Tagakotta O. Sotto, charge d ™affaires of the Philippine Legation at Karachi, Pakistan, for gross misconduct, disloyalty to the Government and malfeasance in office, consisting in:

1. That as charge d ™affaires of the Philippine Legation at Karachi, he signed an agreement without the authority of his Government for the purchase and sale of rice in the amount of 30,000 long tons between the Government of Pakistan through its Secretary of Food and Agriculture and the Republic of the Philippines;

2. That without authority from the Government of the Republic of the Philippines, he designated the Ivlom Corporation of Karachi as the exclusive agent of the said government to handle all transactions in connection with the aforesaid agreement;

3. That he is guilty of insubordination in that he refused to follow the instructions of the Department for him to come to the Philippines as contained in its radiogram No. 246;

4. That he left his post without the permission of the Department and without submitting the necessary clearances in violation of existing regulations;

5. That he filed a suit before a Pakistani Court making the Republic of the Philippines party plaintiff against Ivlom Corporation and other defendants without obtaining previous authority from his government, thereby placing the Republic of the Philippines under the jurisdiction of a foreign court;

6. That he withdrew the aforesaid suit during its pendency without the consent of the Philippine Government, to the prejudice of the Filipino rice dealers in whose interest the case was filed; and

7. That he continued and still continues to remain absent from his post without an authorized leave and keeping the Department ignorant of his whereabouts.

Respondent in his answer admitted charges Nos. 1, 2, 3 and 5 and denied the rest. Pursuant to the Foreign Service Act (Rep. Act No. 708), the case was referred to the Board of Foreign Service for formal investigation. Respondent was given sufficient time to comply with the instructions of the Department of Foreign Affairs to return to Manila to refute the charges and confront the witnesses against him, but he did not avail himself of the opportunity. In a radiogram sent to his counsel for relay to the Department, respondent manifested his conformity to his dismissal provided he would not be required to return to the Philippines.

During the hearing, counsel for the respondent was given every opportunity to present the side of the latter and to refute the evidence adduced against him. On the basis of the evidence presented, the Board of Foreign Service found the respondent guilty as charged except as to charge No. 7 where he was found guilty only of the first part thereof.

After carefully going over the records of the case, I agree with the Board ™s findings which are concurred in by the Secretary of Foreign Affairs. In view of the seriousness of the irregularities committed by the respondent, I am constrained to take drastic action against him as recommended by the Secretary of Foreign Affairs and the investigating body.

Wherefore, Consul Tagakotta O. Sotto is hereby removed from office effective as of the date of his preventive suspension.

Done in the City of Manila, this 11th day of February, in the year of Our Lord, nineteen hundred and fifty-six, and of the Independence of the Philippines, the tenth.

(Sgd.) RAMON MAGSAYSAY
President of the Philippines

By the President:
(Sgd.) FORTUNATO DE LEON
Acting Executive Secretary