LAW ON NEPOTISM

nepotism as all appointments to 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. 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 operations 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.

Under the definition of nepotism, one is guilty of nepotism if an appointment is issued in favor of a relative
within the third civil degree of consanguinity or affinity of any of the following:

a) appointing authority;
b) recommending authority;
c) chief of the bureau or office, and
d) person exercising immediate supervision over the appointee.

Clearly, there are four situations covered. In the last two mentioned situations, it is immaterial who the
appointing or recommending authority is. To constitute a violation of the law, it suffices that an
appointment is extended or issued in favor of a relative within the third civil degree of consanguinity or
affinity of the chief of the bureau or office, or the person exercising immediate supervision over the
appointee.

Situations covered by the Law on Nepotism:

One is guilty of nepotism if an appointment is issued in favor of a relative within
the third civil degree of consanguinity or affinity of any of the following:

a. Appointing authority;
b. Recommending authority;
c. Chief of the bureau of office; and
d. Person exercising immediate supervision.
In the last situations (c and d), it is immaterial who the appointing or
recommending authority is. To constitute a violation of the law, it suffices that an
appointment is extended or issued in favor of a relative within the 3rd civil degree of
consanguinity or affinity of the chief of the bureau or office, or the person exercising
immediate supervision over the appointee. (CSC vs. Dacoycoy, G.R. No. 135805,
April 29, 1999)
Exemptions:
1. Persons employed in confidential capacity;
2. Teachers;
3. Physicians;
4. Members of the AFP;
5. Member of any family who, after his 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.
In Section 79 of the Local Government Code, the prohibition is up to the 4th civil
degree of consanguinity or affinity.Laurel V vs. CSC, Governor Laurel appointed his brother as Civilian
Security
Officer, hence it is exempted, no violation as it is primarily confidential in character.
However, the governor subsequently designated the same brother as Acting Provincial

Administrator. The SC ruled that appointment and designation are two different matters.
But for purposes of the law on nepotism, the two are now the same. Hence, there is
now a violation of the law on nepotism.
Debulgado vs. CSC, it was alleged that the law applies only to original appointment
and not to promotional appointment. The SC did not agree. The law applies to all kinds
of appointment. The law does not distinguish.

Prohibition on nepotism on the part of the President

The President may not appoint his spouse and relatives by consanguinity or affinity within the fourth civil
degree of the President shall not, during his tenure, be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads
of bureaus or offices, including government-owned or controlled corporations and their subsidiaries. (Art
VII, Sec. 13 par. 2), 1987 Constitution)