An appointment is considered nepotic when issued to a person related to a head of office within the prohibited degree of relationship, regardless of whether or not the aforesaid head of office has exerted undue influence on the recommending or appointing authority. [L. Jamorin, CSC RO VI]
Pursuant to Sec. 9, Rule XIII (Prohibitions) of the 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 referred to are those related within the third degree either of consanguinity or of affinity.
Consanguinity means relationship by blood or kinship while affinity means relationship by marriage.
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 illustration below shows how to count the level of degree of consanguinity or affinity.
Source: uab.edu
As far as nepotism is concerned, the following government officials from the national, provincial, city or municipal governments or any branch or instrumentality thereof, including government owned or controlled corporations with original charters are prohibited from issuing appointment in favor of a relative, to wit:
1. Appointing authority;
2. Recommending authority;
3. Chief of Bureau or Office; and
4. Person exercising immediate supervision over the appointee.
On the other hand, 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.
The nepotism rule covers all kinds of appointments whether original, promotional, transfer and reemployment regardless of status including casuals and contractuals except consultants.
Source: CSC, Forum on Nepotism
