Question Confidential Positions in SUCs

Good day!

I just want to know if CONFIDENTIAL POSITIONS exist in SUCs, given the fact that the President of the SUC is not elected, but appointed in nature? If not, is hiring an immediate member of the family could be a ground for nepotism even in Job Order status?

Hi! Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Nevertheless, pertinent is Section 125, Rule XII (Prohibitions), 2017 Omnibus Rules on Appointments and Other Human Resource Actions which provide, as follows:

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.

Hope that you have enlightened on the matter.

Thank you for your reply!

Now that you have mentioned 'Confidential Positions'. I want to ask if you can put a person (an immediate family member), in a 'Confidential Position' as 'Job Order / Contract of Service' in status without a plantilia (Confidential Position) existing to the unit? There you have the MC No. 24, s.2007 which you provided guidelines, should we follow this guidelines even if the status of appointment is "Job Order / Contract of Service"?

Dear Sir/Madam.

This refers to your query on the application of the civil service rules on nepotic appointments to Contract of Service (COS) workers.

As a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Be that as it may, to guide you in your next course of action, may we call your attention to the following provisions of CSC-COA-DBM Joint Circular No. 1, s. 2017 (Rules and Regulations Governing Contract of Service and Job Order Workers in the Government), which provides that:

"7.4 The services of the contract of service and job order workers are not covered
by Civil Service law and rules thus, not creditable as government service."


Based on the foregoing, COS workers are not covered by civil service law and rules. As such, the civil service rule on nepotic appointment does not apply to COS workers.

We hope that we have enlightened you on this matter.

Action Officer 31