Friday, September 27, 2019

WHAT IS NEPOTISM? WHAT ARE THE EXCEPTIONS ?

The law defines nepotism9 as follows:
Sec. 59. Nepotism. — (1) 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.
As used in this Section, the word "relative" and members of the family referred to are those related within the third degree either of consanguinity or of affinity.
(2) 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: 

Providedhowever, 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.

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THIRD DIVISION [ G.R. No. 235658, June 22, 2020 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED-APPELLANT.

  THIRD DIVISION [ G.R. No. 235658, June 22,  2020  ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED...