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Question Inquiry

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3 months 6 hours ago #11032 by HJoy
HJoy created the topic: Inquiry
Dear CSC:

Can you enlighten me how did a Chemical Technician graduate got an item for Bacteriologist I? I just wanna be clear and believe that filling up positions should be in line with the background esp the educ attainment.. There have been so many applicants for that position that time who are more in line with Bacteriologist I. There were applicants graduated BS Biology major in Microbiology and BS Microbiology. And now she is applying for Bacteriologist III with the background of Chem Tech?? and been recommended by the Division Chief in the evaluation. Is there any legal basis with this? Are there any breach in this kind of hiring process?. Hnid po kaya nepotismo din ito since the unit head and the employee are magkumpare. Hoping for your positive response with this issue..

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2 months 3 weeks ago #11045 by Action Officer
Action Officer replied the topic: Inquiry
Good day Sir/Madam:

Please be informed that appointment is an essentially discretionary power of the appointing authority and that the only condition being that the appointee should possess the minimum qualifications standards prescribed for the subject position.

For your additional guidance is the rule on nepotism under Section 125, Rule XII of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (2017 ORAOHRA), Revised July 2018, 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.”

Should you have questions over the qualifications of an appointee, you may institute a Protest or Revocation of appointment under Rule 18 of the 2017 Rules On Administrative Cases in the Civil Service (2017 RACCS).

It is hoped that we amply addressed your concern.

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