×
ADVISORY!

The views and opinions expressed in this forum are those of the online action officers and not necessarily those of the Office for Legal Affairs or the Commission on CSC laws, rules and regulations. Also, be reminded that the views of the action officer is a mere advice that does not bind the office.

When posting, you agree that the administrator has the right to delete your posts or ban your account without prior warning in case of non-observance of any of the guidelines.
Guidelines to clients:

1. Please browse the frequently asked questions first to see if there are already the same or related questions that were asked on your query/ies;
2. Official response to issues shall be provided by the concerned office of the Commission, not through this forum;
3. Requests for the status of the case is not allowed in this forum;
4. Questions regarding the scheduled CSC examination will be deleted;
5. This forum is categorized according to subject matter. Please post your queries in appropriate category;
6. Post a descriptive topic name. Give a short summary of your problem/s;
7. No spam in this forum. Your posts will be deleted and your account will be banned without prior warning;
8. Refrain from posting pictures and offensive words or links. Violation of this rule shall give the administrator the right to delete your posts and ban your account without prior warning;
9. Please report to administrators if you see a user violating any of this guidelines;
10. Be respectful to the administrators and users; and
11. Please avoid text-message style substitution of words like “r” for “are” and “u” for “you”. If your message is difficult to understand the administrator shall inform you to rewrite your message.

Question Nepotism

More
9 months 2 weeks ago #364 by DA REN
DA REN created the topic: Nepotism
generally, those who violate the rule on Nepotism are aware of the prohibition so they dont disclose the relationship. they dont even declare it in their SALN and PDS. as such, what evidenciary documents would suffice to establish the relationship within the 3rd degree between those 2 persons? is non-declaration of relatives in government service in the SALN and PDS constitute a violation of what specific CSC rule - dishonesty?

Please Log in or Create an account to join the conversation.

More
9 months 2 weeks ago #368 by Action Officer 12
Action Officer 12 replied the topic: Nepotism
In the case of Flor Gupilan-Aguilar and Honore R. Hernandez vs. Ombudsman (G.R. No. 197307, February 26, 2014), the Supreme Court ruled that: The failure to file a truthful SALN puts in doubts the integrity of the officer and would normally amount to dishonesty. It should be emphasized, however, that mere misdeclaration in the SALN does not automatically amount to such an offense. Dishonesty requires malicious intent to conceal the truth or to make false statements; otherwise, the government employee may only liable for negligence, not for dishonesty. In addition, only when the accumulated wealth becomes manifestly disproportionate to the income of the public officer/employee and income from other sources, and the public officer/employee fails to properly account or explain these sources of income and acquisitions, does he or she become susceptible to dishonesty.

On the other hand, misrepresentation in the Personal Data Sheet (PDS) may constitute Dishonesty and/or Falsification of Official Document considering that PDS are public documents submitted under oath.

Please Log in or Create an account to join the conversation.

More
9 months 1 week ago #380 by DA REN
DA REN replied the topic: Nepotism
thanks.

on the other question, what documentary evidences would suffice to prove that the relationship is violative of Nepotism? would their respective PDS be enough then complainant will just allege Nepotism? is a brother-in-law be within the 3rd degree affinity? if ever, assuming that the involved person is a Manager, where is the appropriate venue o file the case - office, CSC or Ombudsman?

Please Log in or Create an account to join the conversation.

More
9 months 1 week ago #387 by Administrator
Administrator replied the topic: Nepotism
Aside from PDS and SALN, the birth certificate can also be used to establish relationship and you may also submit an affidavit of your witness to establish the same with supporting documents.

The brother-in-law is second degree by affinity. Violation of which constitutes Serious Dishonesty.

Please Log in or Create an account to join the conversation.

More
9 months 1 week ago #388 by DA REN
DA REN replied the topic: Nepotism
thanks.

but kindly clarify, which one is Serious Dishonesty? - the failure to declare the relationship? so aside from Nepotism, assuming it can be established and supported by documents, that person can also be charged for Serious Dishonesty?

so are there now levels of Dishonesty? isnt it just Dishonesty which is considered a Grave Offense where the penalty for first offense is Dismissal?

Please Log in or Create an account to join the conversation.

More
9 months 1 week ago #404 by Administrator
Administrator replied the topic: Nepotism
Notably, an appointment issued in violation of the law on nepotism may be recalled.

Section 3 of Resolution No. 06-0538, serious dishonesty comprises the following acts:

Section 3. Serious Dishonesty. – The presence of any one of the following attendant circumstances in the commission of the dishonest act would constitute the offense of Serious Dishonesty:

a. The dishonest act causes serious damage and grave prejudice to the government.

b. The respondent gravely abused his authority in order to commit the dishonest act.

c. Where the respondent is an accountable officer, the dishonest act directly involves property, accountable forms or money for which he is directly accountable and the respondent shows an intent to commit material gain, graft and corruption.

d. The dishonest act exhibits moral depravity on the part of the respondent.

e. The respondent employed fraud and/or falsification of official documents in the commission of the dishonest act related to his/her employment.

f. The dishonest act was committed several times or in various occasions.

g. The dishonest act involves a Civil Service examination, irregularity or fake Civil Service eligibility such as, but not limited to, impersonation, cheating and use of crib sheets.

h. Other analogous circumstances. (Emphasis supplied)

Section 4. The presence of any one of the following attendant circumstances in the commission of the dishonest act would constitute the offense of Less Serious Dishonesty:

a. The dishonest act caused damage and prejudice to the government which is not so serious as to qualify under the immediately preceding classification.

b. The respondent did not take advantage of his/her position in committing the dishonest act.

c. Other analogous circumstances.

Simple dishonesty, on the other hand, comprises the following offenses:

Section 5. The presence of any of the following attendant circumstances in the commission of the dishonest act would constitute the offense of Simple Dishonesty:

a. The dishonest act did not cause damage or prejudice to the government.

b. The dishonest act had no direct relation to or does not involve the duties and responsibilities of the respondent.

c. In falsification of any official document, where the information falsified is not related to his/her employment.

d. That the dishonest act did not result in any gain or benefit to the offender.

e. Other analogous circumstances. (Emphasis supplied)

Please Log in or Create an account to join the conversation.

Powered by Kunena Forum