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Question nepotism

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1 year 4 months ago #143 by Ritchelle
Ritchelle created the topic: nepotism
good evening po sir/mam! i would like to inquire lang po if there is something about nepotism na magkasama ang ina at anak sa work kahit ang status ng appointment ng anak ay contract of service lamang?salamat po at hoping for your response... Godbless po!

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1 year 4 months ago - 1 year 4 months ago #145 by Action Officer 2
Action Officer 2 replied the topic: nepotism
Under Sec. 9, Rule XIII (Prohibitions), Revised Omnibus Rules on Appointments and Other Personnel Actions (CSC MC No. 40, s. 1998), the following are the rules on Nepotism:

Sec. 9. No appointment in the national, provincial, city or municipal governments 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 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 refereed 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 authority, within the fourth civil degree of consanguinity or 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

The nepotism rule covers all kinds of appointments whether original, promotional, transfer and reemployment regardless of status including casuals and contractuals except consultants.
Last Edit: 1 year 4 months ago by Action Officer 2.

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1 year 4 months ago #182 by Action Officer 1
Action Officer 1 replied the topic: nepotism
Dear Ms. Ritchelle,

In Section 1, Rule IX of the Revised Omnibus Rules on Appointments and Other Personnel Actions (CSC MC No. 4, s. 1998 as amended by CSC MC No. 15, s. 1999), contract of services and job orders need not be submitted to the Commission since services to be rendered thereunder are not considered as government service.

Further, Section 4 of CSC MC No. 17, No. 2002 provides that:

"Section 4. Prohibitions - the following are prohibited from being hired under a contract of services and job order.

"a. Those who have been previously dismissed from the service due to commission of an administrative offense;
"b. Those who are covered under the rules on nepotism;
"c. those who are being hired to perform functions pertaining to vacant regular plantilla positions; and,
"d. Those who have reached the compulsory retirement age except as to consultancy services.

Pertinent to your query is the rule on nepotism under the Administrative Code of 1987 which prohibits appointments in the national government made in favor of relatives within the third (3rd) degree of consanguinity or affinity of either the appointing authority, recommending authority, chief of bureau or office, or persons exercising immediate supervision over the appointee. Exempted from this rule are persons employed in a confidential capacity, teachers, physicians, and members of the Armed Forces.

In the case of local governments, however, the Local Government Code of 1991 says that nepotism exists when an appointment is made within the fourth (4th) degree of consanguinity or affinity of the appointing or recommending authority. Moreover, the nepotism rule covers all kinds of appointments whether original, promotional, transfer and reemployment regardless of status including casuals and contractuals except consultants.

We hope that you will be guided accordingly.








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1 year 4 months ago #183 by Ritchelle
Ritchelle replied the topic: nepotism
good day sir/mam! thank you for the said reply...i just wanna make clear lamang po kung may nepotism po babung magkasama sa iisang office yung nanay ay principal at yung anak na contract of service lamang po?thank you

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1 year 4 months ago #185 by Action Officer 1
Action Officer 1 replied the topic: nepotism
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 court litigation or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

If you want a categorical answer, may we invite you to write to the Commission regarding your query.

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