'Regulation' of foreign travels of gov’t execs under probe sought

A measure seeking to regulate the foreign travels of government officials and employees who are subject to pending investigations, preliminary inquiries, fact-finding proceedings, or audits has been filed at the Senate.

Under Senate Bill No. 1362, filed by Senator Erwin Tulfo, no foreign travel authority (FTA)—whether for official or personal travel—shall be granted to any government staffer under the following circumstances:

• Is formally charged in an administrative or criminal case, or is the subject of a pending preliminary investigation, fact-finding investigation, or audit inquiry by a competent body or authority;
• Where there is a prima facie finding that the acts or omissions under inquiry may directly undermine national security, public safety, or public health; or
• Where the approving authority determines that such departure would unduly prejudice or frustrate the conduct of the investigation, prosecution, or audit.

An FTA refers to the written authorization issued by an approving authority that would grant permission to a government official or employee to undertake foreign travel.

Under the bill, the application for FTA, complete with all required documents, must be filed to the approving authority or a duly authorized representative at least 10 working days for official travel, or at least 15 calendar days for personal travel, both prior to the date of departure.

The measure applies to all government officials and employees of the national government agencies, whether elective or appointive, including Government-owned or Controlled Corporations (GOCCs), government financial institutions (GFls), State Universities and Colleges (SUCs), Congress, Judiciary, Constitutional Commissions, and local government units (LGUs).

Penalties

Any government staffer who departs from the Philippines without the required FTA shall face imprisonment of 6 to 12 years, a fine of P500,000 to P2 million, or both at the discretion of the court.

The person involved shall also suffer dismissal and perpetual disqualification from public service.

Any person, whether a government official, employee, or private individual, who knowingly authorizes, allows, facilitates, assists, conspires, or in any manner abets the unauthorized departure of a government staffer under probe shall also face the same penalties regarding imprisonment and/or fine.

In his explanatory note, Tulfo emphasized that there were many instances that government officials and employees facing investigation of administrative or criminal proceedings were able to leave the country before accountability could be exacted.

“This situation has undermined the integrity of lawful inquiries, delayed the course of justice, and weakened public trust in government institutions,” the senator added. —VAL, GMA Integrated News