DAVAO CITY—”In the light of the upcoming changes in administration in the national and local government, the Civil Service Commission (CSC) reminds public officials to strictly observe the rule on nepotism,” a press release from CSC region 11 stated.
The press release stressed the reiteration of CSC Chairperson Francisco T. Duque III that “nepotism is a form of corruption that weakens morale and productivity in the public sector, promotes patronage politics, and breeds public distrust on government.”
“Any nepotic act or circumvention of the law should be brought to light so that such blatant abuse of power will be stopped,” Duque has added.
The press release underscores the nepotism rules under Section 9, Rule XIII of CSC Memorandum Circular No. 40 of 1998 which provides the “Revised Omnibus Rules on Appointments and Other Personnel Actions.”
The Rule states “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 relative or 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,” CSC MC No. 40 clarifies.
The rule further stresses that “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.”
However, the nepotism rule exempts the following: persons employed in a confidential capacity, teachers, physicians and members of the Armed Forces of the Philippines.
Moreover, according to the memorandum circular, “the nepotism rule covers all kinds of appointments whether original, promotional, transfer and reemployment regardless of status including casuals and contractuals, except consultants.”
The press statement cited CSC Resolution No. 091264 dated September 1, 2009 involving the case of former Director III of Aurora Provincial Office of the Technical Education and Skills Development (Tesda), Ponciano S. Catipon Jr., who was said to have been dismissed from office “for violation of the rule on nepotism relative to the appointment of his brother to the TESD specialist position.”
Based on this case, the CSC press release stressed “an appointment is considered nepotic when issued to a person who is related to the chief of office or bureau within the prohibited degree of relationship, regardless of whether or not the aforesaid chief of office has exerted undue influence on the recommending or appointing authority.” (PIA-XI)