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Important Nepotism

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SUB
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2 years 3 months ago - 2 years 3 months ago #9410 by SUB

SUB created the topic: Nepotism

They are in the same department and my supervisor who happens to be in a relationship with her subordinate is going to get married. Their relationship happens before the subordinate enters the agency… the subordinate was promoted to higher position next to the supervisor… and now planning to get married. Is nepotism will soon be the problem in their relationship or the environment or department they are working with? How will the civil service law deal with this kind of problem.

Last Edit: 2 years 3 months ago by SUB.

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Action Officer 21
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2 years 3 months ago #9412 by Action Officer 21

Action Officer 21 replied the topic: Nepotism

Hi SUB,

As a matter of policy, this Office refrains from rendering categorical opinion on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Be that as it may, your attention is invited to Section 59, Chapter 8, Title I(A), Book V of Executive Order 292 (Administrative code of 1987) which provide, that:

Section 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 favor 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 or 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.

(3) In order to give immediate effect to these provisions, cases of previous appointments which are in contravention hereof shall be corrected by transfer, and pending such transfer, no promotion or salary increase shall be allowed in favor of the relative or relatives who are appointed in violation of these provisions.

It is hoped that we have guided you on the matter.

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