Question Appointment

Good day!

Maam/Sir query on appointment lang po. Is there a CSC rule or law na hindi pwede ma appoint ang mag asawa in same office? May 2 vacant position po sa aming office and ang sabi ng aming appointing authority ay ibigay sa aming mag asawa. According to our HR-Designate hindi daw ma appoint ang mag asawa in same office. Humingi po kami sa kanya kung may rule or law na nagsasaad na hindi pwede and sabi nya makikita namin sa Revised OHRA 2017. Nagsearch po kami sa CSC website wala po kaming nakitang rule or law na nagsasaad na hindi pwede ma appoint ang mag asawa in same office. Ang nakita namin sa website ay ang hindi pwede ma appoint kung relative ka sa appointing authority/recommending/direct supervision from 1st degree to 4th degree of consanguinity and affinity. But hindi po namin relative ang aming appointing authority/recommending/direct supervisor. Nakapasok po kaming mag asawa sa government ay single pa po kami pareho at ang isa sa amin ay 9 years in service na po at ang 1 7 years in service na din po.
Sana mabigyan po ninyo kami ng clarification sa kaso po namin.
Thank you po and more power!

P.S.
Nakapagpost po ako sa category na Welcome Mat kaya lang hindi po kayo nagreply baka kako na wrong category po ako kaya nagpost po ulit ako dito sa category nato.

Dear Mr. Soreno:

Appointment of relatives to the government service is prohibited if it constitutes nepotism, as provided for in Section 125 of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), to wit:

"Sec. 125. No appointment in the national government or any branch or instrumentality thereof, including government-owned or controlled corporations with original charters shall be made in favor of a relative of the appointing or recommending officer/authority, or of the chief of the bureau or office or of the person exercising immediate supervision over the appointee.

"Unless otherwise provided by law, the word “relative” and the members of the family referred to are those related within the third degree either of consanguinity or of affinity.

"In the local government career service, the prohibition extends to the relatives of the appointing or recommending officer/authority within the fourth civil degree of consanguinity or affinity. However, for the non-career service in the local government, the prohibition extends to the third degree either of consanguinity or of affinity of the appointing or recommending officer/authority, or head of office, or of the person exercising immediate supervision over the appointee.

"The following are exempted from the operation of the rules on nepotism:

a. persons employed in a confidential capacity
b. teachers
c. physicians
d. members of the Armed Forces of the Philippines
e. science and technology personnel under RA No. 8439
f. other positions as may be provided by law

"The nepotism rule covers all kinds of appointments whether original, promotion, transfer, and reemployment regardless of status, including casual, contractual and coterminous but are not primarily confidential. This rule shall also apply to designation."

We hope that we have enlightened you on this matter.

Action Officer 31