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Question Nepotism

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9 months 2 weeks ago #925 by Beverly eguac
Beverly eguac created the topic: Nepotism
Are the following situation can be considered as nepotism?
1. A first degree cousin of the appointing officer (parents are brother and sister) appointed to a career position in the local government unit.
2. A wife of the local executive appointed to a position of administrative officer V.
3. A niece or nephew of the first degree cousin of the wife of the local executive appointed to a career position in the local government.

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9 months 1 week ago #931 by Action Officer 17
Action Officer 17 replied the topic: Nepotism
The prohibitory norm against nepotism in the public service is set out in Section 59, Book V of the Revised Administrative Code of 1987 (also known as E.O. No. 292). Section 59 reads as follows:

Sec. 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 of consanguinity or of affinity.

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.

On the other hand, Section 6 of Rule XVIII, of the "Omnibus Rules Implementing Book V of Executive Order No. 292 and other Pertinent Civil Service Laws," issued on 27 December 1991, implementing, among other things, the abovequoted Section 59, provides as follows:

Sec. 6. No appointments in the national, provincial, city and municipal government or in 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 authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over the appointee.

Unless otherwise specifically provided by law, as used in this Section, the word "relative" and the members of the family referred to are those related within the third degree either of consanguinity or of affinity.

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.

Provided, however, That in each particular instance full report of such appointment shall be made to the Commission.
The restriction mentioned in the first paragraph of this Section 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.

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