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Question job order appointed as administrative officer

  • lito
  • lito's Avatar Topic Author
3 years 6 months ago - 3 years 6 months ago #4383 by lito
lito created the topic: job order appointed as administrative officer
Magandang araw po! pwde po ba na ang isang JOB ORDER na pinsang boo / first cousin ng appointing authority (Mayor) ay e appoint bilang Administrative officer po ng kanilang municipality?

wala po ba itong violatioon sa batas as far as nepotism is concern?

ano po ba ang latitude ng confidential capacity? kindly enlighten me po.

thank you for the reply and keep safe
Last Edit: 3 years 6 months ago by lito.

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2 years 10 months ago #8076 by Action Officer
Action Officer replied the topic: job order appointed as administrative officer
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) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions which provides, 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.

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