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Question Nepotism

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4 months 3 weeks ago #1326 by Apolinario Mabini
Apolinario Mabini replied the topic: 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.

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4 months 3 weeks ago #1335 by Action Officer 18
Action Officer 18 replied the topic: Nepotism
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.

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