Question Nepotism

Good day!

I just wanted to inquire also regarding this matter:

The appointing authority is A, and A has a brother and he is B, and B has a daughter, and she is C, and C has a husband, and he is D.

My query is that, if A being the Division Superintendent appointed C as Teacher 2, and D as Teacher 3, is A guilty of Nepotism? Thank you for your reply.

Dear Mr. Apolinario Mabini,

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 issue which are not fully represented or substantiated as in this case.

For your queries, please refer to Book V, Title I(A), Chapter 8, Section 59 of Executive Order No. 292, also known as the Administrative Code of 1987, prohibits nepotic appointments or those made in favor of a relative of the appointing or recommending authority, or of the chief of bureau or office, or of the persons exercising immediate supervision over the appointee.

The word “relative” under the said Code refers to those related within the third degree of consanguinity (relationship by blood) or affinity (relationship by marriage) such as spouse (1st degree), children (1st degree), sibling (2nd degree), nephew and niece (3rd degree), and uncle and aunt (3rd degree).

On the other hand, under Section 79 of the Local Government Code of 1991 (for LGUs), the prohibition extends to the appointing or recommending authority’s relatives within the fourth degree of consanguinity or affinity, such as first cousin or first cousin-in-law (4th degree).

The rule on nepotism covers all kinds of appointments whether original, promotional, transfer and reemployment, regardless of status, including casuals and contractuals.

Exempted from this rule, however, are teachers, physicians, members of the Armed Forces of the Philippines, scientific and technology personnel under R.A. 8439, and primarily confidential positions such as Administrator (Provincial/City/Municipal), Executive Assistant, Private Secretary, and Chauffeur/Driver.

Also exempted are those involved in the personal security of elective or appointive officials; as well as the personal staff of elective officials, department heads, other Cabinet officials whose tenure is at the pleasure of the President, and chairpersons and members of commissions and boards with fixed terms of office.

We hope that you will be guided accordingly.

Good Day! May i be enlightened of the coverage of nepotism as far as appointment/positions in the government is concerned?

Thank you so much.

Section 125, 2017 ORAOHRA states, thus:

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. 843954
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.
Sec. 126. The appointing officer/authority shall not withdraw or revoke an appointment already accepted by the appointee. Such appointment shall remain in full force and effect until disapproved/invalidated by the Commission. However, in case an appointment is void from the beginning due to fraud on the part of the appointee or because it was issued in violation of law, the proper appointing officer/authority may request the Commission for its withdrawal or revocation. Provided that if a protest on the appointment is filed, the Rules on Protest under the 2017 RACCS shall apply.

We hope to have guided you accordingly.

good morning. thank you for this forum.

Just a question/clarification. For example: A is the HR Head, B is the daughter of the HR Head and C is the Finance Head who will be the superior of B. D is the approving authority of the agency. Also, C is the recommending authority. C and D are not related by affinity or consanguinity to A or B. Scenario: B applied for the vacant position in the Office of C. A being the HR Head processed, through the personnel of HR, documents for the hiring and appointment of B such as appointment documents, etc. C is recommending the hiring and appointment of B. D approved the recommendation of C to hire and appoint B. B started reporting to C. Is there still nepotism on this matter?