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Question Nepotism in a Local Institution

6 years 1 month ago #924 by Jennifer Reyes
Jennifer Reyes created the topic: Nepotism in a Local Institution
Nepotism bang matatawag na ang administrador ng isang educational institution under ng local government ay magpasok ng anak nyang financial at cashiering ang trabaho ngunit iba ang designation sa kontrata?

a. Mag-ama po sila.
b. Yung administrator ang nagrerecommend ng mga pwedeng i-hire dahil halos lahat ng position na available ay pang contractual.
c. Sa financing at cashiering inilagay ang anak nya.
d. Pabor sa kanilang lahat ang setup dahil nakapagtapos ang anak ng education kahit full time na nagtratrabaho (nag titime in kahit wala sa duty)

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6 years 2 weeks ago #989 by Action Officer 15
Action Officer 15 replied the topic: Nepotism in a Local Institution
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, we wish to invite your attention to the following law and rules which may be relevant to your case, as follows:

1. Book V, Title I(A), Chapter 8, Section 59 of Executive Order No. 292, also known as the Administrative Code of 1987 provides:

Sec. 59 Nepotism. – (1) All appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including government-owned or controlled corporations, made in favour of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited.

As used in this Section, the word ‘relative’ and members of the family referred to are those related within the third degree either of consanguinity or of affinity.

(2) The following are exempted from the operation of the rules on nepotism: (a) persons employed in a confidential capacity, (b) teachers, (c) physicians, and (d) members of the Armed Forces of the Philippines; Provided, however, That in each particular instance full report of such appointment shall be made to the Commission.

The restriction mentioned in subsection (1) shall not be applicable to the case of a member of any family who, after his or her appointment to any position in an office or bureau, contracts marriage with someone in the same office or bureau, in which event the employment or retention therein of both husband and wife may be allowed.

2. Section 9 (F) Rule IV, 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA)

f. Contractual –an appointment issued to a person whose employment in the government is in accordance with a special contract to undertake local or foreign-assisted projects or a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specific period. The inclusive period of the contractual appointment shall be indicated on the face of the appointment for purposes of crediting services.

3. CSC-COA-DBM Joint Circular No. 1, s. 2017, June 15, 2017 (Rules and Regulations Governing Contract of Service and Job Order Workers in the Government)

Sec.5.1 Contract of Service refers to the engagement of the services of an individual, private firm, other government agency, non-governmental agency or international organization as consultant, learning provider or technical expert to undertake special project or job within a specific period.

Of the foregoing types of contractual appointment, the one indicated in Section 9(f) of the 2017 ORAOHRA is considered as government service and subject to the rules of nepotism.

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