Question Daughter of the Chairman of the Board of Directors

Our agency is a GOCC. With 5 Members of the Board of Directors are appointed by our City Mayor.

The Board of Directors (BOD's) are the appointing authority to our agency head.

The daughter of the Chairman of the BOD is a permanent employee holding a rank and file position.

On a recent turn of events, the most of our agency's officials voluntarilied separate from the government service thru early retirement and resignation.

Now, the BOD appointed a OIC as our agency head. And the OIC appointed the daughter of the Chairman of the Board of Directors as OIC Department/Division Manager for Administrative and Finance.

Question: Does the appointment of the daughter of the Chairman of the Board of Directors are nepotic in nature?

As a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later on be the subject of an administrative proceeding before the Commission either by means of 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.

Nonetheless, relevant to your query 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. (underlining supplied)

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 to have enlightened you on the matter.

As a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later on be the subject of an administrative proceeding before the Commission either by means of 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.

Nonetheless, relevant to your query 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. (underlining supplied)

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 to have enlightened you on the matter.