NEPOTISM

1
NEPOTISM
REPUBLIC ACT No. 2260

AN ACT TO AMEND AND REVISE THE LAWS RELATIVE TO PHILIPPINE CIVIL SERVICE
ARTICLE I
Introduction
Section 1. Title of Act. This Act shall be known as the Civil Service Act of 1959.
Section 2. General Purpose. The general purpose of this Act is to insure and promote the constitutional mandate regarding
appointments only according to merit and fitness, and to provide within the public service a progressive system of personnel
administration to insure the maintenance of an honest, efficient, progressive and courteous civil service in the Philippines.
ARTICLE II
Scope of the Civil Service
Section 3. Positions Embraced in the Civil Service. The Philippine Civil Service shall embrace all branches, subdivisions and
instrumentalities of the Government, including government-owned or controlled corporations, and appointments therein, except as to
those which are policy determining, primarily confidential or highly technical in nature, shall be made only according to merit and
fitness, to be determined as far as practicable by competitive examination. Positions included in the civil service fall into three
categories; namely, competitive or classified service, non-competitive or unclassified service and exempt service The exempt service
does not fall within the scope of this law.
Section 4. The competitive Service. The competitive or classified service shall include positions for appointment to which prior
qualification in an appropriate examination is required.
Section 5. The Non-Competitive Service. The non-competitive or unclassified service shall be composed of positions expressly
declared by law to be in the non-competitive or unclassified service or those which are policy-determining, primarily confidential or
highly technical in nature.
The following specific officers and employees shall be embraced in the non-competitive or unclassified service:
(a) Officers appointed by the President of the Philippines with the consent of the Commission on Appointments,
except provincial treasurers and assistant chiefs of bureaus and offices, and all other inferior officers of the
Government whose appointments are by law vested in the President alone;
(b) The secretarial and office staff of the President, of the Vice-President, of the President of the Senate, of the
Speaker of the House of Representatives and of each member of the Congress of the Philippines including the
personnel of all the committees of both Houses of the Congress;
(c) One private secretary and one assistant private secretary to each of the several Heads of Departments and to
each of the Justice of the Supreme Court and the Court of Appeals;
(d) Officers as may be required and chosen by the Congress of the Philippines in accordance with the Constitution;
(e) Members of the various faculties and other teaching force of the University of the Philippines and other
government colleges offering courses on the collegiate level, including the business directors and registrars of said
institutions;
(f) Secretaries of provincial, city and municipal boards or councils;
(g) Unskilled laborers whether emergency, seasonal or permanent; and
(h) All supplementary employees in the Senate and the House of Representatives of Congress.
Section 6. The Exempt Service. The exempt service shall consist of the following:
(a) Elective officers;
(b) Members of the commissioned and enlisted service of the Army, Navy and Air Force of the Philippines; and
(c) Persons employed on a contract basis.
ARTICLE III
Organization
Section 7. Civil Service Commission. There is hereby established a Civil Service Commission, the head of which shall be known as
the Commissioner of Civil Service and who shall be responsible for the discharge of the duties and functions of the Commission. He
shall be appointed by the President of the Philippines with the consent of the Commission on Appointments and shall hold office for a
term of nine years and may not be reappointed. The commissioner may be removed from office only for cause and after investigation.
The Commissioner of Civil Service shall have the rank of a Department Secretary and shall be an ex-officio member of the cabinet.
There shall be a Deputy Commissioner of Civil Service appointed in the same manner as the Commissioner who shall assist the
Commissioner and perform such duties and functions as may be assigned to him by the Commissioner and such as may be imposed
upon him by law. In the absence of the Commissioner, he shall act as head of the Commission.
Section 8. Regional Offices. The Commissioner of Civil Service may, as the public interest may require, establish regional offices of
the Civil Service Commission at Dagupan City, Tuguegarao (Cagayan), Naga City, Iloilo City, Cebu City, Tacloban City, City of Cagayan
de Oro, Davao City and Zamboanga City, to provide expetitious service to the various branches, subdivisions and instrumentalities of
the government in the areas to which the respective Regional Offices are most conveniently accessible.
The Heads of such offices shall be appointed by the Commissioner and shall perform such functions and exercise such authority as
may be specifically delegated by the Commissioner.
The head or chief of each regional office shall be provided with the necessary office personnel who shall be appointed by the
Commissioner of Civil Service in accordance with the Civil Service Law and rules.
Section 9. Wage and Position Classification Office. The Wage and Position Classification Office shall be responsible for the
classification of positions in the civil service and shall standardize the salaries of the group or groups of positions so
classified: Provided, That the range of minimum and maximum salaries allowable for civil service eligibilities shall be:
Eligibilities
Minimum
First Grade
Maximum
P 2,400
No limit
Second Grade
1,800
P3,720
Third Grade
1,440
2,400
Senior Stenographer
2,400
No limit
Junior Stenographer
1,800
3,720
Senior Typist
1,920
3,720
Junior Typist
1,560
2,400
It shall be transferred to the Civil Service Commission as an integral agency of the Civil Service system by executive order of the
President upon the full implementation of the classification and pay plans.
Section 10. Line Departments. The Department Head is responsible for personnel administration in his Department and with the
assistance of the personnel officer of the Department shall take all personnel actions in accordance with the Civil Service Law and
with the rules, standards, guidelines and regulations set by the Civil Service Commission.
Section 11. Civil Service Board of Appeals. There shall be a Civil Service Board of Appeals composed of a Chairman and two
members to be appointed by the President of the Philippines with the consent of the Commission on Appointments who shall be fulltime officials, and who shall hold office during good behavior unless sooner relieved for cause by the President. The Chairman and
members of the Board shall have the same qualifications as Justice of the Court of Appeals.
The Chairman shall receive an annual compensation of twelve thousand pesos and the other members shall each be paid at a
compensation of ten thousand pesos per annum.
Hearings of the Board shall be open to the public; and no meeting or hearings of the Board shall be held unless at least two of the
members of the Board are present. The Board shall keep records and minutes of its business and official action, and such records and
minutes shall be public records open to public inspection, subject to such rules as to hours and conditions of inspection as the Board
may establish,
Section 12. Council of Personnel officers. There is hereby created a Council of Personnel Officers to be composed of chief personnel
officers of the different executive departments and of agencies with the category of department that the Commissioner of Civil
Service shall select for membership. Except for its Executive Officer who shall be designated by the Commissioner from among the
appropriate officials in the Civil Service Commission, the Council is authorize to elect such other officers from among its members and
to fix its own rules of procedure concerning attendance at meetings, approval of policy declarations, and other business matters.
Provisions for necessary facilities and clerical assistance for the Council shall be made in the annual budget of the Commission.
The Council shall have the following functions:
(a) Upon request of the Head of Department or the Commissioner to offer advice in developing constructive
policies, standards, procedures, and programs as well as on matters relating to the improvement of personnel
methods and to the solution of personnel problems confronting the various departments and agencies of the
Government;
(b) To promote among the departments and agencies through study and discussion, uniform and consistent
interpretation and application of personnel policies; and
(c) To serve as a clearing house of information and to stimulate the use of methods of personnel management that
will contribute most to good government.
Section 13. Examining Committees, Special Examiners and Special Investigators. Subject to approval by the proper Head of
Department, the Commissioner of Civil Service may select suitable persons in the government service to act as members of
examining committees, special examiners or special investigators. Such persons shall be designated examiners or investigators of
the Commission and shall perform such duties as the Commissioner may require in connection with examinations, appointments,
promotions and investigations; and in the performance of such duties they shall be under his exclusive control. Examining
committees, special examiners or special investigators so appointed may be allowed additional compensation for their service, to be
paid out of the funds of the Commission, at a rate to be determined by the Commissioner.
ARTICLE IV
Qualifications, Salaries, Powers and Duties
Section 14. Qualifications of Commissioner and Deputy Commissioner. To be eligible for appointment as Commissioner or Deputy
Commissioner of Civil Service, a person should be a citizen of the Philippines, at least thirty-five years of age, sufficiently familiar with
the principles and methods of personnel administration and known to be in sympathy with the merit system and should have at least
five years of responsible and progressive experience as an executive: Provided, That nothing in this law shall affect the tenures of
office of the incumbent Commissioner or Deputy Commissioner of Civil Service.
Section 15. Salaries of Commissioner and Deputy Commissioner. The annual salary of the Commissioner shall not be less than
twelve thousand pesos and the salary of the Deputy Commissioner shall not be less than ten thousand pesos.
Section 16. Powers and Duties of the Commissioner of Civil Service. It shall be among the powers and duties of the Commissioner of
Civil Service
(a) To assist and advise the President on all matters involving personnel management in the government service;
(b) To enforce, execute and carry out the constitutional and statutory provisions on the merit system;
(c) To supervise the preparation and rating and have control of all civil service examinations in the Philippines; to
foster and develop constructive policies, standards, procedures and programs and give the agencies advice and
assistance in improving their personnel programs;
(d) To make annual report to the President and Congress, showing the important personnel management activities
during the year and making such recommendations as may more effectivity accomplish the purpose of this law;
(e) With the approval by the President, to prescribe, amend and enforce suitable rules and regulations for carrying
into effect the provisions of this Civil Service Law, and the rules prescribed pursuant to the provisions of this law
shall become effective thirty days after publication in the Official Gazette;
(f) To make investigations and special reports upon all matters relating to the enforcement of the Civil Service Law
and rules; to inspect and audit the agencies' personnel work programs to determine compliance with the Civil
Service Law rules, standards and other requirements; and to take corrective measures when unsatisfactory
situations are found;
(g) To issue subpoena and subpoena duces tecum requiring the appearance of witnesses and the production of
books and papers pertinent to the investigation and inquiries thereby authorized, and to examine them and such
books and papers as it shall need in relation to any matter it is required to investigate;
(h) To have exclusive jurisdiction over the approval under the Civil Service Law and rules of all appointments
including promotions to positions in the competitive service;
(i) Except as otherwise provided by law, to have final authority to pass upon the removal, separation and
suspension of all permanent officers and employees in the competitive or classified service and upon all matters
relating to the conduct, discipline, and efficiency of such officers and employees; and to prescribe standards,
guidelines and regulations governing the administration of discipline;
(j) To hear and determine appeals instituted by any person believing himself aggrieved by an action or
determination of any appointing authority contrary to the provisions of the Civil Service Law and rules, and to
provide rules and regulations governing such appeals, and he may make such investigations or inquiries into the
facts relating to the action or determination appealed from as may be deemed advisable and may affirm, review, or
modify such action or determination, and the decision of the Commissioner shall be final; and
(k) To perform other functions that properly belong to a central personnel agency.
Section 17. Powers and Duties of the Regional Directors. The Regional Director shall be the immediate representative of the
Commissioner of Civil Service and, subject to the exclusive control and supervision of the Commissioner, shall perform within the
territorial limits of his region such duties as the Commissioner may assign or require in connection with examinations, appointments,
promotions, investigations, and the enforcement of the Civil Service Law, rules and regulations.
Section 18. Powers and Duties of the Civil Service Board of Appeals. The Civil Service Board of Appeals shall have the following
powers and duties:
(a) Adopt such rules and regulations as it may deem proper and convenient for the conduct of cases brought before
it and may utilize the services of such employees of the Civil Service Commission as it may require; and
(b) Hear and decide all administrative cases brought before it on appeal from the decision of the Commissioner of
Civil Service: Provided, That the said Board shall decide all appeals within a period of ninety days after the same
have been submitted for decision and its decision in such cases shall be final.
Section 19. Duties of Public Officers. It shall be the duty of all public officers of the Republic of the Philippines to comply with and to
aid in all ways in carrying into effect the provisions of this law and the rules and regulations prescribed thereunder.
ARTICLE V
Delegation of Authority
Section 20. Delegation in the Civil Service Commission and to the Agencies. The Commissioner may, at his discretion and in the
interest of the public service, delegate to Chiefs of Divisions or other heads of primary units in the Civil Service Commission, or to the
Heads of Departments and agencies of the National Government, provinces, chartered cities, municipalities and other
instrumentalities of the Republic authority to act on personnel matters and to enforce the provisions of this law in accordance with
standards, guidelines and regulations set by the Commissioner: Provided, however, That the provincial treasurers of provinces are
hereby deputized as deputies of the Commissioner of Civil Service for the purpose of attesting, in accordance with Civil Service law
and rules, appointments made by provincial governors and municipal mayors, and city treasurers of chartered cities are hereby
deputized as deputies of the Commissioner of Civil Service for the purpose of attesting, in accordance with the said law and rules,
appointments made by city mayors. Appointments by provincial governors, city mayors and municipal mayors shall become effective
upon issuance of such appointments and upon attestation by the provincial treasurer in the case of appointments made by provincial
governors and municipal mayors and by the city treasurer in the case of appointments made by city mayors. Appointees of provincial
governors and municipal mayors shall be entitled to collect the rate of compensation fixed for these appointments once said
appointments have been attested to by the provincial treasurer in his capacity as representative of the Commissioner of Civil Service.
Appointees of city mayors shall likewise be entitled to collect the rate of compensation fixed for these appointments once said
appointments have been attested to by the city treasurer in his capacity as representative of the Commissioner of Civil Service in the
city. All appointments made by the provincial governors, municipal mayors and city mayors shall, after being attested to by the
respective provincial treasurer or city treasurer, be forwarded within ten days to the Commissioner of Civil Service for review pursuant
to Civil Service law and rules. If, within one hundred eighty days after receipt of said appointments, the Commissioner of Civil Service
shall not have made any correction or revision, them such appointments shall be deemed to have been properly made: Provided,
furthermore, That the authority herein granted to provincial and city treasurers shall automatically cease upon the establishment of
regional offices which comprise their respective provinces and/or cities. Periodic review of actions in the discharge of delegated
authority shall be made by the Commissioner to insure compliance with standards or regulations, and the findings and
recommendation shall be embodied in an annual report which should contain an adequate evaluation of the progress and problems
encountered in the conduct of the merit system in the various services and instrumentalities.
Section 21. Personnel Officers. Each department of the National Government and whenever necessary each agency of office and
each province and chartered city shall have a personnel office headed by a personnel officer who, subject to the authority of the head
of the organization concerned, shall be responsible for personnel management and maintenance of effective liaison with the
Commission.
ARTICLE VI
Personnel Policies and Standards
Section 22. Position Classification and Pay. It is hereby declared to be the policy of the Government to provide equal pay for equal
work and to base differences in pay upon differences in duties, responsibilities, and qualifications requirements of the work. Due
regard shall be given to appropriate increases in pay for seniority, longevity, efficiency of service and the just demands of a family
living wage.
Section 23. Recruitment and Selection of Employees. Opportunity for government employment shall be open to all qualified citizens
and positive efforts shall be exerted to attract the best qualified to enter the service.
Employees shall be selected on the basis of their fitness to perform the duties and assume the responsibilities of the positions
whether in the competitive or classified or in the non-competitive or unclassified service.
Whenever a vacancy occurs in any competitive or classified position in the government or in any government-owned or controlled
corporation or entity, the officer or employee next in rank who is competent and qualified to hold the position and who possesses an
appropriate civil service eligibility shall be promoted thereto: Provided, That should there be two or more persons under equal
circumstances, seniority shall be given preference: And provided, however, That should there be any special reason or reasons why
such officer or employee should not be promoted, such special reason or reasons shall be stated in writing by the appointing official
and the officer or employee concerned shall be informed thereof and be given an opportunity to be heard by the Commissioner of
Civil Service, whose decision in such case shall be final. If the vacancy is not filled by promotion as provided therein, then the same
shall be filled by transfer of present employees in the government service, by reinstatement, by reemployment of persons separated
through reduction in force, or by certification from appropriate registers of eligibles in accordance with rules promulgated in
pursuance of this Act.
Qualification in an appropriate examination shall be required for appointment to positions in the competitive or classified service in
accordance with the civil service rules, except as otherwise provided for in this Act: Provided, That whenever there is a civil service
eligible available for appointment, no person who is not such an eligible shall be appointed even in a temporary capacity to any
vacant position in the competitive or classified service in the government or in any government-owned or controlled
corporation: Provided, further, That no-eligible employees who, upon the approval of this Act, have rendered five years or more of
continues and satisfactory service in classified positions and who meet the other qualifications for appointments to their positions,
shall, within one year from the approval of this Act, be given qualifying examinations in which their length of satisfactory service shall
be accorded preferred consideration: Provided, further, That those who fail in those examinations as well as those who fail or refuse
to take the examinations when offered shall be replaced by eligibles: And provided, finally, That for the period of ten years from the
approval of this Act and in line with the policy of Congress to accelerate the integration of the cultural minorities, whenever the
appointment of persons belonging to said cultural minorities is called for in the interest of the service as determined by the
appointing authority, with the concurrence of the Commissioner of Civil Service, the examination requirements provided in this Act,
when not practicable, may be dispensed with in appointments within their respective provinces if such persons meet the educational
and other qualifications required for the office or employment. For appointment to positions in the non-competitive or unclassified
service, qualification in an appropriate examination may be required if the appointing official so directs.
The results of any particular civil service examination shall be released simultaneously. The names of the competitors who attain the
required passing grades in an examination shall be entered in a register of eligibles in the order of their average ratings.
Section 24. Personnel Actions and Employment Status. Whenever used with reference to this Act, any action denoting the
movement and progress of personnel in the civil service shall be known as a personnel action. Such an action shall included
appointment, promotion, transfer, demotion, separation and reinstatement.
(a) Appointment in the Civil Service. Appointment in the civil service shall be either permanent, provincial or
temporary.
(b) Permanent Appointment. A permanent appointment shall be issued to a person who has met all the
requirements of the position to which he seeks appointment in accordance with the provisions of this Act and the
rules and standards promulgated in pursuance thereto. All such persons must serve a probationary period of six
months following their original appointment and shall undergo a thorough character investigation in order to
acquire permanent civil service status. A probationer may be dropped from the service for unsatisfactory conduct or
want of capacity any time before the expiration of the probationary period: Provided, That such action is appealable
to the Commissioner of Civil Service under section sixteen, paragraph (j) of this Act.
(c) Provisional Appointment. A provisional appointment may be issued upon the prior authorization of the
Commissioner in accordance with the provisions of this Act and the rules and standards promulgated in pursuance
thereto to a person who has not qualified in an appropriate examination but who otherwise meets the requirements
for appointment to a regular position in the competitive service, whenever a vacancy occurs and the filling thereof
is necessary in the interest of the service and there is no appropriate register of eligibles at the time of
appointment.
(d) Temporary Appointment. A person may receive a temporary appointment to a position needed only for a limited
period not exceeding six months, provided that preference in filling such position be given to persons on
appropriate eligible lists.
(e) Other Personnel Actions. Promotions, transfer, demotion, separation and/or reinstatement of employees in the
service shall be reported to the Commission in accordance with the provisions of this Act and the rules promulgated
pursuant thereto.
(f) Limitation on Employment of Persons in the Non-Competitive of Unclassified Service. No person appointed to a
position in the non-competitive or unclassified service shall perform the duties properly belonging to any position in
the competitive service.
(g) Reduction in Force. Whenever it becomes necessary because of lack of work or funds or due to a necessary
change in the scope or nature of an agency's program. or whenever it is advisable in the interest of economy to
reduce the staff of any department, office, bureau, or agency, those in the same group or class of position in one or
more bureaus or offices within the particular Department wherein the reduction is to be effected, shall be
reasonably compared in terms of relative fitness, efficiency and length of service, and those found to be least
qualified for the remaining positions shall be laid off. The Commissioner of Civil Service shall promulgate rules and
regulations to carry out the provisions of this subsection.
Section 25. Career and Employee Development. The development and maintenance of a high level of employee performance is a
primary concern of the Government. It shall be the policy of the government that a continuing program of employee training,
supervisory, career and executive development be established under the leadership of the Civil Service Commission for all
government personnel at all levels.
Each department, bureau, office or agency shall have an appropriate training staff and shall establish its own in-service training
program in accordance with standards laid down by the Commission.
The Commission may request technical assistance from the Budget Commission, the Institute of Public Administration and other
professional and technical organizations in connection with the promotion of government training programs.
To help insure the availability of a pool of trained administrators in the executive and senior levels, and to further improve the
competence and performance of executives in the different branches, subdivision and instrumentalities of the Philippine Government,
the Institute of Public Administration of the University of the Philippines with the cooperation of the Budget Commission, the Civil
Service Commission and the National Economic Council shall organize and carry out a continuing program of executive development.
Section 26. Performance Rating System. There shall be established a performance rating system, which shall be administered in
accordance with rules, regulations and standards established by the Civil Service Commission for all officers and employees in both
the competitive and non-competitive service. Such performance rating system shall be administered in such manner as to continually
foster the improvement of individual employee efficiency.
Each department, bureau, office, or agency may, after consultation with and approval by the Commission establish and use one or
more performance rating plans appropriate to the various groups of positions in the department, bureau, office or agency concerned.
No performance rating shall be given or used as a basis for any personnel action except under a performance rating plan and on the
forms and in accordance with standards and procedures approved by the Commission: Provided, That each employee shall be
informed periodically by his supervisor about his efficiency rating.
Section 27. Employee Suggestions and Incentive Award System. There shall be established by the Civil Service Commission a
government-wide "Employee Suggestions and Incentive Award System" which shall be administered under such rules, regulations and
standards as may be promulgated by the Commission. The Commission shall report annually the results of the program together with
recommendations to the President and to Congress.
In accordance with rules, regulations and standards to be promulgated by the Commission, the President of the Philippines or the
Head of each Department is authorized to pay cash awards and to incur whatever necessary expenses are involved in the honorary
recognition of subordinate officers and employees of the Government who by their suggestions, inventions, superior accomplishments
and other personal efforts contribute to the efficiency, economy or other improvement of the Government operations, or who perform
such extraordinary acts or services in the public interest in connection with or related to their official employment.
The Commission shall prescribe the standards and the appropriate schedule of monetary or other awards under this system, provided
that each monetary award shall not exceed one thousand pesos, to be paid out of the savings of the Department concerned.
Section 28. Employee Relations and Services (a) Employee-Employer Relations. Every head of department, bureau, office or agency
shall take all proper steps toward the creation of an atmosphere conductive to good employee-supervisor relations and the
improvement of employee morale. For this purpose, the head of each department, bureau, office or agency shall make provisions for
employees' health, welfare, counseling, recreation, and similar services.
(b) Complaints and Grievances. Employees shall have the right to present their complaints and/or grievances to the
management and have them adjudicated as expeditiously as possible in the best interest of the agency, the
Government as a whole and the employee concerned. Such complaints and/or grievances shall be resolved at the
lowest possible echelon in the department, bureau, office or agency, as the case may be, and the employee shall
have the right to appeal such decision to higher authorities.
Each department bureau, office or agency shall promulgate rules and regulations governing expeditious, fair and
equitable adjustment of employees' complaints and/or grievances in accordance with the policies enunciated in this
Act.
(c) Limitation on the Right to Strike. The terms and conditions of employment in the Government, including any
political subdivision or instrumentality thereof, are governed by law and it is declared to be the policy of the
Government that the employees therein shall not strike for the purpose of securing changes in their terms and
conditions of employment. Such employees, however, may belong to any labor organization which does not impose
the obligation to strike or to join strikes: Provided, That, this section shall apply only to employees employed in
governmental functions and not to those employed in proprietary functions of the Government including, but not
limited to, governmental corporations.
Section 29. Political Activity. Officers and employees in the civil service, whether in the competitive or classified, or non-competitive
or unclassified service, shall not engage directly or indirectly in partisan political activities or take part in any election except to vote.
Nothing herein provided shall be understood to prevent any officer or employee from expressing his views on current political
problems or issues, or from mentioning the names of candidates for public office whom he supports.
Section 30. Nepotism. (a) All appointments in the National, provincial, city and municipal governments or in any branch or
instrumentality thereof, including government-owned or non-competitive service, made in favor of a relative of the appointing
recommending authority, or of the chief of the bureau or office, or of the persons exercising immediately 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 affinity.
(b) The following are exempted from the operation or the rules on nepotism: (1) person employed in a confidential
capacity, (2) teachers, (3) physicians, and (4) 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 Commissioner of Civil Service.
The restriction mentioned in subsection (a) shall not be applicable to the case of a member of any family who, after
his or her appointment to any position in an offices 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.
(c) In order to give immediate effect to theses rules, cases of previous appointments which are in contravention
hereof shall be corrected by transfer, and pending such transfer, no promotion or salary increase shall be allowed in
favor of the relative or relatives who were appointed in violation of these provisions.
Section 31. Dual Compensation. No officer or employee in the Civil Service shall receive additional or double compensation unless
specifically authorized by law.
ARTICLE VII
Discipline
Section 32. Disciplinary Action. No officer or employee in the civil service shall be removed or suspended except for cause as
provided by law and after due process: Provided, That a transfer from one position to another without reduction in rank or salary shall
not be considered disciplinary when made in the interest of public service: Provided, further, That no complaint against a civil service
official or employee shall be given due course unless the same is in writing and subscribed and sworn to by the complainant:
And provided, finally, That the respondent shall be entitled to a formal investigation if he so elects, in which case he shall have the
right to appear and defend himself at said investigation in person or by counsel, to confront and cross-examine the witnesses against
him, and to have the attendance of witnesses and production of documents in his favor by compulsory process of subpoena or
subpoena duces tecum.
Section 33. Administrative Jurisdiction for Disciplining Officers and Employees. The Commissioner may, for dishonestly, oppression,
misconduct, neglect of duty, conviction of a crime involving moral turpitude, notoriously disgraceful or immoral conduct, improper or
unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children,
violation of the existing Civil Service law and rules or of reasonable office regulations, or in the interest of the service, remove any
subordinate officer or employee from the service, demote him in rank, suspend him for not more than one year without pay or fine
him in an amount not exceeding six months' salary.
In meting out punishment, like penalties shall be imposed for like offenses and only one penalty shall be imposed in each case.
Section 34. Preventive Suspension. The President of the Philippines may suspend any chief or assistant chief of a bureau or office
and in the absence of special provision, any other officer appointed by him, pending an investigation of the charges against such
officer or pending an investigation of his bureau or office. With the approval of the proper Head of Department, the chief of a bureau
or office may likewise preventively suspend any subordinate officer or employee in his bureau or under his authority pending an
investigation, if the charge against such officer or employee involves dishonestly, oppression or grave misconduct, or neglect in the
performance of duty, or if there are strong reasons to believe that the respondent is guilty of charges which would warrant his
removal from the service.
Section 35. Lifting of Preventive Suspension Pending Administrative Investigation. When the administrative case against the officer
or employee under preventive suspension is not finally decided by the Commissioner of Civil Service within the period of sixty (60)
days after the date of suspension of the respondent, the respondent shall be reinstated in the service. If the respondent officer or
employee is exonerated, he shall be restored to his position with full pay for the period of suspension.
Section 36. Prescriptive Period for Appeals. The decision of the Commissioner of Civil Service rendered in an administrative case
involving discipline of subordinate officers and employees may be appealed by the respondent to the Civil Service Board of Appeals
within thirty (30) days after receipt by him of the decision.
No petition for reconsideration of the decision rendered by the Commissioner of Civil Service will be entertained if not filed within the
period for appeal as provided in this section: Provided, That only one petition for reconsideration shall be entertained: And provided,
further, That the filling of a petition for reconsideration shall suspend the running of the period for appeal.
The Commissioner shall be informed by the office of the respondent of the dates mentioned in this provision.
Section 37. Removal of Administrative Penalties or Disabilities. The President of the Philippines may, in meritorious cases and upon
recommendation of the Civil Service Board of Appeals, commute or remove administrative penalties or disabilities imposed upon
officers or employees in disciplinary cases, subject to such terms and conditions as he may impose in the interest of the service.
ARTICLE VIII
Miscellaneous Provisions
Section 38. Examination Fees. The Commissioner of Civil Service in his discretion may prescribe an equitable schedule of fees for
admission to civil service examinations, not exceeding two pesos for each candidate. Applicants whose applications have been
disapproved shall be entitled to the refund of the examination fees paid by them. The funds collected from the examination fees shall
constitute a special fund of the Civil Service Commission and shall be used exclusively for the expenses of the Commission.
Section 39. Appropriations for the Regional Offices. There is hereby appropriated, out of any funds in the National Treasury not
otherwise appropriated, the sum of two hundred fifty thousand pesos to finance the salaries, maintenance and other operating
expenses of the regional offices and for the salaries of certain positions provided under this Act for the fiscal year nineteen hundred
and sixty. Thereafter, the needed sum shall be included in the General Appropriation Act.
Section 40. Waiver of rights. No public officer or employee acting for a public officer shall be permitted to require an applicant for
employment or any employee to sign any paper or document whereby such applicant for employment waives any right or rights
accruing to him under this law.
Section 41. Authority of Officers to Administer Oaths and Take Testimony. Officers, attorneys and examiners of the Commission may
administer such oaths as may be necessary in the transaction of official business and the Commissioner of Civil Service or other
persons conducting any authorized by the Commissioner to administer oaths shall have such authorization in writing.
Section 42. Liability of Disbursing Officers. Except as may otherwise be provided, it shall be unlawful for a treasurer, or other fiscal
officer to draw, retain from the salary due an officer or employee any amount for contribution or payment of obligations other than
those due the government or its instrumentalities, sign or issue, or authorize the drawing, signing or issuing of any warrant, check or
voucher for the payment of any salary or compensation to any officer, or other persons except temporary laborers, unless proper
certification is made by the Commissioner of Civil Service or his duly authorized representative that the appointment or employment
of such officer or employee has been approved as provided by the Civil Service Law and rules and the official making such payment
shall be personally liable for any salaries or wages paid to any person whose appointment has not been duly approved, without
prejudice to his administrative or criminal liability.
Section 43. Liability of Appointing Authority. No person employed in the civil service in violation of the Civil Service Law and rules
shall be entitled to receive pay from the Government; but the appointing authority responsible for such unlawful employment shall be
personally liable for the pay that would have accrued had the employment been lawful, and the disbursing official shall make
payment to the employee of such amount from the salary of the officers so liable.
Section 44. Penal Provisions. Whoever makes any appointment or employs any person in violation of any provision of this Act, or the
rules made thereunder, or whoever violates, refuses or neglects to comply with any of such provisions or rules, shall upon conviction
be punished by a fine not exceeding one thousand pesos or by imprisonment not exceeding six months, or both such fine and
imprisonment in the discretion of the court.
Section 45. Repealing Clause. The following are hereby repealed: Sections six hundred fifty-nine to six hundred sixty-two, six
hundred sixty-four to six hundred sixty-five, six hundred sixty-eight to six hundred seventy-four, six hundred eighty, six hundred
eighty-two, six hundred ninety, six hundred ninety-four to six hundred ninety-six of the Revised Administrative Code, as amended;
Commonwealth Act Numbered Five hundred ninety-eight; and such other laws or part of laws, executive orders, administrative orders,
circulars and memoranda inconsistent with this Act.
Section 46. Separability of Provisions. If any part, section or provision of this Act shall be held invalid or unconstitutional, no other
part, section or provision thereof shall be affected thereby.
Section 47. Effective Date and Saving Clause. This Act shall take effect upon its approval: Provided, however, That except as
otherwise provided in this Act, rights or privileges vested or acquired under the provisions of the Old Civil Service Law, rules and
regulations prior to the effectivity of this Act shall remain in force and effect.
Approved, June 19, 1959.
The Lawphil Project - Arellano Law Foundation
ROSALIO S. GALEOS,
Petitioner,
G.R. Nos. 174730-37
8
- versus PEOPLE OF THE PHILIPPINES,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - -x
PAULINO S. ONG,
Petitioner,
G.R. Nos. 174845-52

Present:
CARPIO MORALES, J.,
Chairperson,
BRION,
BERSAMIN,
VILLARAMA, JR., and
MENDOZA,* JJ.
-versus-
PEOPLE OF THE PHILIPPINES,

Respondent.
Promulgated:
February 9, 2011
x --------------------------------------------------x
DECISION
VILLARAMA, JR., J.:
The consolidated petitions at bar seek to reverse and set aside the Decision [1] promulgated on August 18, 2005 by the
Sandiganbayan convicting petitioners Paulino S. Ong (Ong) of eight counts and Rosalio S. Galeos (Galeos) of four counts of
falsification of public documents under Article 171, paragraph 4 of the Revised Penal Code, as amended.
The facts are as follows:
Ong was appointed Officer-in-Charge (OIC)-Mayor of the Municipality of Naga, Cebu on April 16, 1986. He was elected Mayor of
the same municipality in 1988 and served as such until 1998.[2]
On June 1, 1994, Ong extended permanent appointments to Galeos and Federico T. Rivera (Rivera) for the positions of
Construction and Maintenance Man and Plumber I, respectively, in the Office of the Municipal Engineer. [3] Prior to their permanent
appointment, Galeos and Rivera were casual employees of the municipal government.
In their individual Statement of Assets, Liabilities and Net Worth (SALN) for the year 1993, Galeos answered No to the
question: To the best of your knowledge, are you related within the fourth degree of consanguinity or of affinity to anyone working in
the government? while Rivera indicated n/a on the space for the list of the names of relatives referred to in the said query. [4] The
boxes for Yes and No to the said query were left in blank by Galeos in his 1994 and 1995 SALN. [5] Rivera in his 1995 SALN
answered No to the question on relatives in government. [6] In their 1996 SALN, both Galeos and Rivera also did not fill up the
boxes indicating their answers to the same query. [7] Ongs signature appears in all the foregoing documents as the person who
administered the oath when Galeos and Rivera executed the foregoing documents.
In a letter-certification dated June 1, 1994 addressed to Ms. Benita O. Santos, Regional Director, Civil Service Commission
(CSC), Regional Office 7, Cebu City, it was attested that:
This is to certify that pursuant to the provisions of R.A. 7160, otherwise known as the Local Government
Code of 1991, all restrictions/requirements relative to creation of positions, hiring and issuance of appointments,
Section 325 on the limitations for personal services in the total/supplemental appropriation of a local government
unit; salary rates; abolition and creation of positions, etc.; Section 76, organizational structure and staffing
pattern; Section 79 on nepotism; Section 80, posting of vacancy and personnel selection board; Section 81 on
compensation, etc. have been duly complied with in the issuance of this appointment.
This is to certify further that the faithful observance of these restrictions/requirements was made
in accordance with the requirements of the Civil Service Commission before the appointment was
submitted for review and action.[8] (Emphasis supplied.)
The above certification was signed by Ong and HR Officer-Designate Editha C. Garcia.
On October 1, 1998, the members of the Sangguniang Bayan of Naga, Cebu filed a letter-complaint[9] before the Office of the
Ombudsman (OMB)-Visayas against Ong (then incumbent Vice-Mayor of Naga), Galeos and Rivera for dishonesty, nepotism, violation
of the Code of Conduct and Ethical Standards for Public Officials and Employees and Anti-Graft and Corrupt Practices Act, and for the
crime of falsification of public documents.
On August 11, 2000, Ombudsman Aniano Desierto approved the recommendation of OIC-Deputy Ombudsman for the Visayas
that criminal charges be filed against Ong, Galeos and Rivera for falsification of public documents under Article 171 of the Revised
Penal Code, as amended, in connection with the Certification dated June 1, 1994 issued by Ong and the false statements in the 1993,
1995 and 1996 SALN of Rivera and the 1993, 1994, 1995 and 1996 SALN of Galeos. [10]
On August 16, 2000, the following Informations[11] were filed against the petitioners:
10
Criminal Case No. 26181

That on or about the 14th day of February, 1994, in the Municipality of Naga, Province of Cebu, Philippines,
and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused,
public officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the
Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office,
conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to
falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn
Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and
Identification of Relatives In the Government Service, as of December 31, 1993, filed by accused Rosalio
S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear
therein that they are not related within the fourth degree of consanguinity or affinity thereby making
untruthful statements in a narration of facts, when in truth and in fact, accused very well k[n]ew that they are
related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong within the fourth
degree of consanguinity, the mother of accused Rosalio S. Galeos [being] the sister of the mother of
accused Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)

That on or about the 15th day of February 1994, in the Municipality of Naga, Province of Cebu, Philippines,
and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Federico T. Rivera] accused,
public officers, being the former Municipal Mayor and Plumber I of the Office of the Municipal Engineer, Municipality
of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating
together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there
willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and
Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In
the Government Service as of December 31, 1993,filed by accused Federico T. Rivera and subscribed and
sworn to before accused Paulino S. Ong, wherein accused Federico T. Rivera made it appear therein that he
has no relatives within the fourth degree of consanguinity or affinity working in the government,
thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well
knew that they are related with each other, since accused Federico T. Rivera is related to accused Paulino S. Ong
within the fourth degree of affinity, the mother of Federico T. Riveras wife being the sister of the mother
of Paulino S. Ong.
11
That on or about the 1st day of February, 1996, in the Municipality of Naga, Province of Cebu, Philippines,
conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to
S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear
false statements in a narration of facts, when in truth and in fact, as accused very well k[n]ew that they are
related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong within the fourth
degree of consanguinity, the mother of accused Rosalio S. Galeos being the sister of the mother of

That on or about the 1st day of February 1996, in the Municipality of Naga, Province of Cebu, Philippines,
The Government Service, [a]s of December 31, 1995, filed by accused Federico T. Rivera and subscribed
and sworn to before accused Paulino S. Ong, wherein accused Federico T. Rivera made it appear therein
that he has no relatives within the fourth degree of consanguinity or affinity working in the
government, thereby making untruthful statements in a narration of facts, when in truth and in fact, as
accused very well knew that they are related with each other, since accused Federico T. Rivera is related to accused
Paulino S. Ong within the fourth degree of affinity, the mother of Federico T. Riveras wife being the sister of
the mother of Paulino S. Ong.

That on or about the 5th day of February 1997, in the Municipality of Naga, Province of Cebu, Philippines,
The Government Service, [a]s of December 31, 1996, filed by accused Federico T. Rivera and subscribed
and sworn to before accused Paulino S. Ong, wherein accused Federico T. Rivera made it appear therein
that he has no relatives within the fourth degree of consanguinity or affinity working in the
government, thereby making untruthful statements in a narration of facts, when in truth and in fact, as
accused very well knew that they are related with each other, since accused Federico T. Rivera is related to accused
Paulino S. Ong within the fourth degree of affinity, the mother of Federico T. Riveras wife being the
sister of the mother of Paulino S. Ong.

That on or about the 3rd day of March, 1995, in the Municipality of Naga, Province of Cebu, Philippines, and
within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused, public
officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the Municipal
Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving
and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did
then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of
Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of
Relatives In the Government Services, as of December 31, 1994, filed by accused Rosalio S. Galeos and
subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear therein that they
are not related within the fourth degree of consanguinity or affinity thereby making untruthful
statements in a narration of facts, when in truth and in fact, as accused very well k[n]ew that they are related
with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong, within the fourth degree of
consanguinity, the mother of accused Rosalio S. Galeos being the sister of the mother of accused
Paulino S. Ong.

That on or about the 11th day of March, 1997, in the Municipality of Naga, Province of Cebu, Philippines,
conniving and confederating, together and mutually helping with each other, with deliberate intent, with intent to
12
S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accusedmade it appear
untruthful statements in a narration of facts, when in truth and in fact, as accused very well k[n]ew that they
are related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong within the fourth
degree of consanguinity, the mother of accused Rosalio S. Galeos being the sister of the mother of
That on or about the 1st day of June, 1994, at the Municipality of Naga, Province of Cebu, Philippines, and
within the jurisdiction of this Honorable Court, above-named accused, a public officer, being the former Mayor of the
Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, with deliberate intent,
with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of
a Certification in the form of a letter addressed to Mrs. Benita O. Santos, then Regional Director of the Civil
Service Commission (CSC)-Region VII, Cebu City dated June 1, 1994, a requirement in the approval of an
appointment, certifying therein that there was a faithful compliance of the requirement/restriction
provided under the Civil Service Laws and Rules in the appointment of Rosalio S. Galeos, as Construction
and Maintenance Man of the Office of the Municipal Engineer, Naga, Cebu, thereby making untruthful
statements in a narration of facts, when in truth and in fact as accused very well knew that the
appointment of Rosalio S. Galeos was nepotic being made in violation of the Civil Service Rules and
Laws on Nepotism, as Rosalio S. Galeos is related to accused within the fourth degree of consanguinity, since the
mother of Rosalio S. Galeos is the sister of the mother of accused, which Certification caused the approval
of the appointment of Rosalio S. Galeos, to the detriment of public interest.
That on or about the 1st day of June, 1994, at the Municipality of Naga, Province of Cebu, Philippines, and
within the jurisdiction of this Honorable Court, above-named accused, a public officer, being the former Mayor of the
Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, with deliberate intent,
with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of
a Certification in the form of a letter addressed to Mrs. Benita O. Santos, then Regional Director of the Civil Service
Commission (CSC), Region VII, Cebu City, dated June 1, 1994, a requirement in the approval of an
appointment, certifying therein that there was a faithful compliance of the requirement/restriction
provided under the Civil Service Laws and Rules in the appointment of Federico T. Rivera, a Plumber I of
the Office of the Municipal Engineer, Naga, Cebu, thereby making untruthful statements in a narration of
facts, when in truth and in fact as accused very well knew that the appointment of Federico T. Rivera was
nepotic being made in violation of the Civil Service Rules and Laws on Nepotism, as Federico T. Rivera is
related to accused within the fourth degree of affinity, since the mother of Federico T. Riveras wife is the
sister of the mother of accused, which certification caused the approval of the appointment of
Federico T. Rivera, to the detriment of public interest.
Under the Joint Stipulation of Facts submitted to the court a quo, the accused made the following admissions: (1) Ong was the
Municipal Mayor of Cebu at all times relevant to these cases; (2) Ong is related to Galeos, within the fourth degree of consanguinity
as his mother is the sister of Galeos mother, and to Rivera within the fourth degree of affinity as his mother is the sister of the
mother of Riveras wife; and (3) Galeos and Rivera were employed as Construction and Maintenance Man and Plumber I, respectively,
in the Municipal Government of Naga, Cebu at all times relevant to these cases. Ong likewise admitted the genuineness and due
execution of the documentary exhibits presented by the prosecutor (copies of SALNs and Certification dated June 1, 1994) except for
Exhibit H (Certification dated June 1, 1994 offered by the prosecution as allegedly supporting the appointment of Rosalio S.
Galeos[12]).[13]
As lone witness for the prosecution, Esperidion R. Canoneo testified that he has been a resident of Pangdan, Naga, Cebu since
1930 and claimed to be friends with Ong, Galeos and Rivera. He knows the mother of Galeos, Pining Suarez or Pearanda Suarez. But
when the prosecutor mentioned Bining Suarez, Canoneo stated that Bining Suarez is the mother of Galeos and that Bining Suarez is
the same person as Bernardita Suarez. Ong is related to Galeos because Ongs mother, Conchita Suarez, and Galeos mother,
Bernardita Suarez, are sisters. As to Rivera, his wife Kensiana, [14] is the daughter of Mercedes Suarez who is also a sister of Conchita
Suarez. He knew the Suarez sisters because they were the neighbors of his grandmother whom he frequently visited when he was
still studying.[15]
Both Galeos and Rivera testified that they only provided the entries in their SALN but did not personally fill up the forms as
these were already filled up by people in the municipal hall when they signed them.
Galeos, when shown his 1993 SALN, [16] confirmed his signature thereon. When he was asked if he understood the
question To the best of your knowledge, are you related within the fourth degree of consanguinity or affinity to anyone working in
the government? he answered in the negative. He claimed that the X mark corresponding to the answer No to said question, as
well as the other entries in his SALN, were already filled up when he signed it. When shown his SALN for the years 1994, 1995 and
13
1996, Galeos reiterated that they were already filled up and he was only made to sign them by an employee of the municipal hall
whom he only remembers by face. He also admitted that he carefully read the documents and all the entries therein were explained
to him before he affixed his signature on the document. However, when asked whether he understands the term fourth degree of
consanguinity or affinity stated in the SALNs, he answered in the negative. [17]
Rivera testified that he was not aware that his wife was a close relative of the Municipal Mayor because when he asked her,
the latter told him that Ong was a distant relative of hers. Rivera added that it was not Ong who first appointed him as a casual
employee but Ongs predecessor, Mayor Vicente Mendiola.[18]
On the part of Ong, he testified that at the time he was serving as Municipal Mayor of Naga, he did not know that he and
Galeos are relatives, as in fact there are several persons with the surname Galeos in the municipality. He signed Galeos 1993 SALN
when it was presented to him by Galeos at his office. There were many of them who brought such documents and he would
administer their oaths on what were written on their SALN, among them were Galeos and Rivera. He came to know of the defect in
the employment of Galeos when the case was filed by his political enemy in the Ombudsman just after he was elected Vice-Mayor
in 1998. As to Rivera, Ong claimed that he knows him as a casual employee of the previous administration. As successor of the
former mayor, he had to re-appoint these casual employees and he delegated this matter to his subordinates.
He maintained that
his family was not very close to their other relatives because when he was not yet Mayor, he was doing business in Cebu and Manila.
When queried by the court if he had known his relatives while he was campaigning considering that in the provinces even relatives
within the 6th and 7th degree are still regarded as close relatives especially among politicians, Ong insisted that his style of
campaigning was based only on his performance of duties and that he did not go from house to house. Ong admitted that he had
been a resident of Naga, Cebu since birth. He could no longer recall those SALN of most of the employees whose oaths he had
administered. He admitted that he was the one who appointed Galeos and Rivera to their permanent positions and signed their
official appointment (Civil Service Form No. 33) but he was not aware at that time that he was related to them. It was only after the
filing of the case that he came to know the wife of Rivera. As to the qualifications of these appointees, he no longer inquired about it
and their appointments were no longer submitted to the Selection Board. When the appointment forms for Galeos and Rivera were
brought to his office, the accompanying documents were attached thereto. Ong, however, admitted that before the permanent
appointment is approved by the CSC, he issues a certification to the effect that all requirements of law and the CSC have been
complied with.[19]
On August 18, 2005, the Sandiganbayan promulgated the assailed Decision convicting Ong, Galeos and Rivera, as follows:
WHEREFORE, judgment is hereby rendered on the following:
In Criminal Case No. 26181, judgment is hereby rendered finding accused Paulino S. Ong and Rosalio S.
Galeos GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized
by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to
each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY
OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision
Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26182, judgment is hereby rendered finding accused Paulino S. Ong and Federico T.
Rivera GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized
14
each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS, and ONE (1) DAY
In Criminal Case No. 26188, judgment is hereby rendered finding accused Paulino S. Ong NOT GUILTY for
Violation of Article 171 of the Revised Penal Code for failure of the Prosecution to prove his guilt beyond reasonable
doubt; and
In Criminal Case No. 26189, judgment is hereby rendered finding accused Paulino S. Ong GUILTY beyond
reasonable doubt for Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal
Code and, there being no modifying circumstances, is hereby sentenced to suffer an indeterminate penalty of
imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY of Prision Correccional medium as the
minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to pay a
FINE of FIVE THOUSAND PESOS (P5,000.00).
SO ORDERED.[20]
In its Resolution[21] dated August 28, 2006, the Sandiganbayan denied the motions for reconsideration of Ong and Galeos. However, in
view of the death of Rivera on August 22, 2003 before the promulgation of the decision, the cases (Criminal Case Nos. 26182, 26184 and 26185)
against him were dismissed.
In G.R. Nos. 174730-37, Galeos contends that the Sandiganbayan erred when:
1)
. . . IT HELD THAT THE SUBJECT DOCUMENTARY EVIDENCE CONTAINED UNTRUTHFUL STATEMENTS IN A

NARRATION OF FACTS.
2)
. . . IT DID NOT CONSIDER PETITIONERS VALID DEFENSE OF GOOD FAITH AND LACK OF INTENT TO COMMIT
THE CRIMES IMPUTED.
3)
. . . IT GAVE FULL CREDENCE TO THE TESTIMONY OF THE SOLE WITNESS FOR THE PROSECUTION. [22]
In support of his assigned errors, Galeos argues that he did not make untruthful or false statements in his SALN since a
statement requires a positive averment and thus silence or non-disclosure cannot be considered one. And even if they are
considered statements, Galeos contends that they were not made in a narration of facts and the least they could be considered are
conclusions of law. He also argues that the prosecution failed to adduce any evidence to support the finding that he was aware of
their relationship at the time of the execution of the SALN. With the presence of good faith, Galeos avers that the fourth element of
the crime the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person is missing.
He also faults the Sandiganbayan for its heavy reliance on the uncorroborated testimony of the prosecutions sole witness despite the
fact that there are aspects in his testimony that do not inspire belief.
On the other hand, in G.R. Nos. 174845-52, Ong argues that the Sandiganbayan erred when:
(a)
. . . IT HELD THAT THE SUBJECT DOCUMENTARY EVIDENCE CONTAINED UNTRUTHFUL STATEMENTS IN A NARRATION
OF FACTS.
(b)
IN CRIMINAL CASES NOS. 26181-26187, [IT HELD] THAT A PERSON MERELY ADMINISTERING THE OATH IN A
DOCUMENT IS GUILTY OF THE CRIME OF FALSIFICATION BY MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF
FACTS.
(c)
. . . IN CRIMINAL CASE NO. 26189, IT INFER[R]ED, DESPITE THE COMPLETE ABSENCE OF ANY RELEVANT AND
MATERIAL EVIDENCE, THAT RESPONDENTS EXHIBIT I (OR PETITIONERS EXHIBIT 8) REFERS TO OR SUPPORTS
THE APPOINTMENT OF FEDERICO T. RIVERA.[23]
Ong similarly argues that the subject SALN do not contain any untruthful statements containing a narration of facts and
that there was no wrongful intent of injuring a third person at the time of the execution of the documents. He contends that he cannot
15
be held liable for falsification for merely administering the oath in a document since it is not among the legal obligations of an officer
administering the oath to certify the truthfulness and/or veracity of the contents of the document. Neither can he be made liable for
falsification regarding the letter-certification he issued since there was no evidence adduced that it was made to support Riveras
appointment.
In the Joint Memorandum filed by the Ombudsman through the Office of the Special Prosecutor of the Sandiganbayan, it was
pointed out that Galeos categorically admitted during his testimony that before affixing his signature on the subject SALN, he
carefully read its contents and the entries therein have been explained to him. Moreover, the admission made by Ong during the pretrial under the joint stipulation of facts indicated no qualification at all that he became aware of his relationship with Galeos and
Rivera only after the execution of the subject documents. The defense of lack of knowledge of a particular fact in issue, being a state
of mind and therefore self-serving, it can be legally assumed that the admission of that particular fact without qualification reckons
from the time the imputed act, to which the particular fact relates, was committed. As to mistaken reliance on the testimony of
prosecution witness, the analysis and findings in the assailed decision do not show that such testimony was even taken into
consideration in arriving at the conviction of petitioners.[24]
With respect to Ongs liability as conspirator in the execution of the SALN containing untruthful statements, the Special
Prosecutor argues that as a general rule, it is not the duty of the administering officer to ascertain the truth of the statements found
in a document. The reason for this is that the administering officer has no way of knowing if the facts stated therein are indeed
truthful. However, when the facts laid out in the document directly involves the administering officer, then he has an opportunity to
know of their truth or falsity. When an administering officer nevertheless administers the oath despite the false contents of the
document, which are known to him to be false, he is liable, not because he violated his duty as an administering officer, but because
he participated in the falsification of a document. [25]
After a thorough review, we find the petitions unmeritorious.
Petitioners were charged with falsification of public document under Article 171, paragraph 4 of the Revised Penal Code, as
amended, which states:
Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. The penalty
of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary
who, taking advantage of his official position, shall falsify a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so
participate;
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact
made by them;
4. Making untruthful statements in a narration of facts;
x x x x (Emphasis and italics supplied.)
The elements of falsification in the above provision are as follows:

(a) the offender makes in a public document untruthful statements in a narration of facts;
(b) he has a legal obligation to disclose the truth of the facts narrated by him; and
(c) the facts narrated by him are absolutely false. [26]
In addition to the afore-cited elements, it must also be proven that the public officer or employee had taken advantage of his
official position in making the falsification. In falsification of public document, the offender is considered to have taken advantage of
his official position when (1) he has the duty to make or prepare or otherwise to intervene in the preparation of a document; or (2) he
has the official custody of the document which he falsifies. [27] Likewise, in falsification of public or official documents, it is not
16
necessary that there be present the idea of gain or the intent to injure a third person because in the falsification of a public
document, what is punished is the violation of the public faith and the destruction of the truth as therein solemnly proclaimed. [28]
Falsification of Public Document

by making untruthful statements
concerning relatives in the
government service
All the elements of falsification of public documents by making untruthful statements have been established by the
prosecution.
Petitioners argue that the statements they are not related within the fourth civil degree of consanguinity or affinity and
that Section 79 of the Local Government Code has been complied with in the issuance of the appointments are not a narration of
facts but a conclusion of law, as both require the application of the rules on relationship under the law of succession. Thus, they
citePeople v. Tugbang[29] where it was held that a statement expressing an erroneous conclusion of law cannot be considered a
falsification. Likewise, in People v. Yanza,[30] it was held that when defendant certified that she was eligible for the position, she
practically wrote a conclusion of law, which turned out to be incorrect or erroneous; hence, she may not be declared guilty of
falsification because the law violated pertains to narration of facts.
We disagree.
A conclusion of law is a determination by a judge or ruling authority regarding the law that applies in a particular case. It is
opposed to a finding of fact, which interprets the factual circumstances to which the law is to be applied. [31] A narration of facts is
merely an account or description of the particulars of an event or occurrence. [32] We have held that a certification by accused officials
in the Statement of Time Elapsed and Work Accomplished qualifies as a narration of facts as contemplated under Article 171 (4) of
the Revised Penal Code, as it consisted not only of figures and numbers but also words were used therein giving an account of the
status of the flood control project.[33]
In this case, the required disclosure or identification of relatives within the fourth civil degree of consanguinity or affinity in
the SALN involves merely a description of such relationship; it does not call for an application of law in a particular set of facts. On
the other hand, Articles 963 to 967 of the Civil Code simply explain the concept of proximity of relationship and what constitute direct
and collateral lines in relation to the rules on succession.
The question of whether or not persons are related to each other by
consanguinity or affinity within the fourth degree is one of fact. Contrary to petitioners assertion, statements concerning relationship
may be proved as to its truth or falsity, and thus do not amount to expression of opinion. When a government employee is required
to disclose his relatives in the government service, such information elicited therefore qualifies as a narration of facts contemplated
under Article 171 (4) of the Revised Penal Code, as amended. Further, it bears to stress that the untruthful statements on
relationship have no relevance to the employees eligibility for the position but pertains rather to prohibition or restrictionimposed
by law on the appointing power.
Since petitioner Galeos answered No to the question in his 1993 SALN if he has relatives in the government service within
the fourth degree of consanguinity, he made an untruthful statement therein as in fact he was related to Ong, who was then the
municipal mayor, within the fourth degree of consanguinity, he and Ong being first cousins (their mothers are sisters).
As to his
[34]
it was held
1994, 1995 and 1996 SALN, Galeos left in blank the boxes for the answer to the similar query. In Dela Cruz v. Mudlong,
that one is guilty of falsification in the accomplishment of his information and personal data sheet if he withholds material facts which
would have affected the approval of his appointment and/or promotion to a government position.
By withholding information on his
relative/s in the government service as required in the SALN, Galeos was guilty of falsification considering that the disclosure of such
relationship with then Municipal Mayor Ong would have resulted in the disapproval of his permanent appointment pursuant to Article
168 (j) (Appointments), Rule XXII of the Rules and Regulations Implementing the Local Government Code of 1991 (R.A. No. 7160),
which provides:
No person shall be appointed in the local government career service if he is related within the fourth civil
degree of consanguinity or affinity to the appointing power or recommending authority.
17
Section 7 (e), Rule V of the Implementing Rules of Book V, Executive Order No. 292 otherwise known as the Administrative
Code of 1987, provides that the CSC shall disapprove the appointment of a person who has been issued such appointment in
violation of existing Civil Service Law, rules and regulations. Among the prohibited appointments enumerated in CSC Memorandum
Circular No. 38, series of 1993 are appointments in the LGUs of persons who are related to the appointing or recommending authority
within the fourth civil degree of consanguinity. [35]
The Omnibus Rules on Appointments and Other Personnel Actions (CSC Memorandum Circular No. 40, series of 1998 dated
December 14, 1998) contain a similar prohibition under Rule XIII, Section 9:
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.
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.
xxxx
The nepotism rule covers all kinds of appointments whether original, promotional, transfer and
reemployment regardless of status including casuals and contractuals except consultants. (Emphasis supplied.)
The second element is likewise present. Legal obligation means that there is a law requiring the disclosure of the truth of
the facts narrated.[36] Permanent employees employed by local government units are required to file the following: (a) sworn
statement of assets, liabilities and net worth (SALN); (b) lists of relatives within the fourth civil degree of consanguinity or affinity in
government service; (c) financial and business interests; and (d) personal data sheets as required by law. [37] A similar requirement is
imposed by Section 8 (B) of Republic Act No. 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials
and Employees, thus:
(B) Identification and disclosure of relatives [38]. It shall be the duty of every public official or employee to
identify and disclose to the best of his knowledge and information, his relatives in the Government in the form,
manner and frequency prescribed by the Civil Service Commission.
Section 11 of the same law penalizes the violation of the above provision, either with imprisonment or fine, and, in the
discretion of the court of competent jurisdiction, disqualification to hold public office. Such violation if proven in a proper
administrative proceeding shall also be sufficient cause for removal or dismissal of a public official or employee, even if no criminal
prosecution is instituted against him.
The evidence on record clearly showed that Galeos negative answer reflected in his SALN is absolutely false. During the trial,
both Ong and Galeos admitted the fact that they are first cousins but denied having knowledge of such relationship at the time the
subject documents were executed. The Sandiganbayan correctly rejected their defense of being unaware that they are related within
the fourth degree of consanguinity. Given the Filipino cultural trait of valuing strong kinship and extended family ties, it was unlikely
for Galeos who had been working for several years in the municipal government, not to have known of his close blood relation to Ong
who was a prominent public figure having ran and won in the local elections four times (three terms as Mayor and as Vice-Mayor in
the 1998 elections), after serving as OIC Mayor of the same municipality in 1986 until 1988.
The same thing can be said of Ong, whose unbelievable claim that he had no knowledge that a first cousin (Galeos) was
working in the municipal government and appointed by him to a permanent position during his incumbency, was correctly
disregarded by the Sandiganbayan. It was simply unthinkable that as a resident of Naga, Cebu since birth and a politician at that, he
was all the time unaware that he himself appointed to permanent positions the son of his mothers sister (Galeos) and the husband of
his first cousin (Rivera). Indeed, the reality of local politics and Filipino culture renders his defense of good faith (lack of knowledge
of their relationship) unavailing. Despite his knowledge of the falsity of the statement in the subject SALN, Ong still administered the
oath to Galeos and Rivera who made the false statement under oath. The Sandiganbayan thus did not err in finding that Ong
connived with Galeos and Rivera in making it appear in their SALN that they have no relative within the fourth degree of
consanguinity/affinity in the government service.
18
Conspiracy need not be shown by direct proof of an agreement of the parties to commit the crime, [39] as it can be inferred
from the acts of the accused which clearly manifest a concurrence of wills, a common intent or design to commit a crime. [40] In this
case, Ong administered the oaths to Galeos and Rivera in the subject SALN not just once, but three times, a clear manifestation that
he concurred with the making of the untruthful statement therein concerning relatives in the government service.
Falsification by making
untruthful statements
in the Certification re:
compliance with the
prohibition on nepotism
As chief executive and the proper appointing authority, Ong is deemed to have issued the certification recommending to the
CSC approval of Galeos appointment although he admitted only the authenticity and due execution of Exhibit I.
Since Ong was
duty bound to observe the prohibition on nepotistic appointments, his certification stating compliance with Section 79 [41] of R.A. No.
7160 constitutes a solemn affirmation of the fact that the appointee is not related to him within the fourth civil degree of
consanguinity or affinity. Having executed the certification despite his knowledge that he and Rivera were related to each other
within the fourth degree of affinity, as in fact Rivera was his cousin-in-law because the mother of Riveras wife is the sister of Ongs
mother, Ong was guilty of falsification of public document by making untruthful statement in a narration of facts. He also took
advantage of his official position as the appointing authority who, under the Civil Service rules, is required to issue such certification.
The importance of the certification submitted to the CSC by the proper appointing authority in the local government unit,
regarding compliance with the prohibition against nepotism under R.A. No. 7160 cannot be overemphasized. Under Section 67, Book
V, Chapter 10 of the Administrative Code of 1987, a head of office or appointing official who issues an appointment or employs any
person in violation of Civil Service Law and Rules or who commits fraud, deceit or intentional misrepresentation of material facts
concerning other civil service matters, or anyone who violates, refuses or neglects to comply with any of such provisions or rules,
may be held criminally liable. In Civil Service Commission v. Dacoycoy,[42] we held that mere issuance of appointment in favor of a
relative within the third degree of consanguinity or affinity is sufficient to constitute a violation of the law. Although herein petitioners
were prosecuted for the criminal offense of falsification of public document, it becomes obvious that the requirement of disclosure of
relationship to the appointing power in the local government units simply aims to ensure strict enforcement of the prohibition against
nepotism.
Relevant then is our pronouncement in Dacoycoy:

Nepotism is one pernicious evil impeding the civil service and the efficiency of its personnel. In
Debulgado, we stressed that [T]the basic purpose or objective of the prohibition against nepotism also strongly
indicates that the prohibition was intended to be a comprehensive one. The Court was unwilling to restrict and
limit the scope of the prohibition which is textually very broad and comprehensive. If not within the exceptions, it
is a form of corruption that must be nipped in the bud or abated whenever or wherever it raises its ugly head. As we
said in an earlier case what we need now is not only to punish the wrongdoers or reward the outstanding civil
servants, but also to plug the hidden gaps and potholes of corruption as well as to insist on strict compliance
with existing legal procedures in order to abate any occasion for graft or circumvention of the
law.[43] (Emphasis supplied.)
The prosecution having established with moral certainty the guilt of petitioners for falsification of public documents under
Article 171 (4) of the Revised Penal Code, as amended, we find no legal ground to reverse petitioners conviction.
WHEREFORE, the petitions are DENIED. The Decision dated August 18, 2005 of the Sandiganbayan in Criminal Case Nos.
26181-26187 and 26189 is AFFIRMED.
With costs against the petitioners.
[G.R. No. 135805. April 29, 1999]

CIVIL SERVICE COMMISSION, petitioner, vs. PEDRO O. DACOYCOY, respondent.
19
DECISION
PARDO, J.:
The case before us is an appeal via certiorari interposed by the Civil Service Commission from a decision of the Court of Appeals ruling that
respondent Pedro O. Dacoycoy was not guilty of nepotism and declaring null and void the Civil Service Commissions resolution dismissing him from the
service as Vocational School Administrator, Balicuatro College of Arts and Trade, Allen, Northern Samar.
The facts may be succinctly related as follows:
On November 29, 1995, George P. Suan, a Citizens Crime Watch Vice-President, Allen Chapter, Northern Samar, filed with the Civil Service
Commission, Quezon City, a complaint against Pedro O. Dacoycoy, for habitual drunkenness, misconduct and nepotism. [1]
After the fact-finding investigation, the Civil Service Regional Office No. 8, Tacloban City, found a prima facie case against respondent, and, on
March 5, 1996, issued the corresponding formal charge against him.[2] Accordingly, the Civil Service Commission conducted a formal investigation, and,
on January 28, 1997, the Civil Service Commission promulgated its resolution finding no substantial evidence to support the charge of habitual
drunkenness and misconduct. However, the Civil Service Commission found respondent Pedro O. Dacoycoy guilty of nepotism on two counts as a
result of the appointment of his two sons, Rito and Ped Dacoycoy, as driver and utility worker, respectively, and their assignment under his immediate
supervision and control as the Vocational School Administrator Balicuatro College of Arts and Trades, and imposed on him the penalty of dismissal from
the service.[3]
On February 25, 1997, respondent Dacoycoy filed a motion for reconsideration; [4] however, on May 20, 1997, the Civil Service Commission denied
the motion.[5]
On July 18, 1997, respondent Dacoycoy filed with the Court of Appeals a special civil action for certiorari with preliminary injunction[6] to set aside
the Civil Service Commissions resolutions.
On July 29, 1998, the Court of Appeals promulgated its decision reversing and setting aside the decision of the Civil Service Commission, ruling
that respondent did not appoint or recommend his two sons Rito and Ped, and, hence, was not guilty of nepotism. The Court further held that it is the
person who recommends or appoints who should be sanctioned, as it is he who performs the prohibited act. [7]
Hence, this appeal.
On November 17, 1998, we required respondent to comment on the petition within ten (10) days from notice. [8] On December 11, 1998, respondent
filed his comment
We give due course to the petition.
The basic issue raised is the scope of the ban on nepotism.
We agree with the Civil Service Commission that respondent Pedro O. Dacoycoy was guilty of nepotism and correctly meted out the penalty of
dismissal from the service.
The law defines nepotism[9] 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: 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.
Respondent Dacoycoy is the Vocational School Administrator, Balicuatro College of Arts and Trades, Allen, Northern Samar. It is true that he did
not appoint or recommend his two sons to the positions of driver and utility worker in the Balicuatro College of Arts and Trades. In fact, it was Mr. Jaime
Daclag, Head of the Vocational Department of the BCAT, who recommended the appointment of Rito. Mr. Daclag's authority to recommend the
20
appointment of first level positions such as watchmen, security guards, drivers, utility workers, and casuals and emergency laborers for short durations
of three to six months was recommended by respondent Dacoycoy and approved by DECS Regional Director Eladio C. Dioko, with the provision that
such positions shall be under Mr. Daclags immediate supervision. On July 1, 1992, Atty. Victorino B. Tirol II, Director III, DECS Regional Office VIII,
Palo, Leyte, appointed Rito Dacoycoy driver of the school. On January 3, 1993, Mr. Daclag also appointed Ped Dacoycoy casual utility
worker. However, it was respondent Dacoycoy who certified that funds are available for the proposed appointment of Rito Dacoycoy and even rated his
performance as very satisfactory. On the other hand, his son Ped stated in his position description form that his father was his next higher
supervisor. The circumvention of the ban on nepotism is quite obvious. Unquestionably, Mr. Daclag was a subordinate of respondent Pedro O.
Dacoycoy, who was the school administrator. He authorized Mr. Daclag to recommend the appointment of first level employees under his immediate
supervision. Then Mr. Daclag recommended the appointment of respondents two sons and placed them under respondents immediate supervision
serving as driver and utility worker of the school. Both positions are career positions.
To our mind, the unseen but obvious hand of respondent Dacoycoy was behind the appointing or recommending authority in the appointment of
his two sons. Clearly, he is guilty of nepotism.
At this point, we have necessarily to resolve the question of the party adversely affected who may take an appeal from an adverse decision of the
appellate court in an administrative civil service disciplinary case. There is no question that respondent Dacoycoy may appeal to the Court of Appeals
from the decision of the Civil Service Commission adverse to him. [10] He was the respondent official meted out the penalty of dismissal from the
service. On appeal to the Court of Appeals, the court required the petitioner therein, here respondent Dacoycoy, to implead the Civil Service
Commission as public respondent[11] as the government agency tasked with the duty to enforce the constitutional and statutory provisions on the civil
service.[12]
Subsequently, the Court of Appeals reversed the decision of the Civil Service Commission and held respondent not guilty of nepotism. Who now
may appeal the decision of the Court of Appeals to the Supreme Court? Certainly not the respondent, who was declared not guilty of the charge. Nor
the complainant George P. Suan, who was merely a witness for the government. [13] Consequently, the Civil Service Commission has become the party
adversely affected by such ruling, which seriously prejudices the civil service system. Hence, as an aggrieved party, it may appeal the decision of the
Court of Appeals to the Supreme Court. [14] By this ruling, we now expressly abandon and overrule extant jurisprudence that the phrase party adversely
affected by the decision refers to the government employee against whom the administrative case is filed for the purpose of disciplinary action which
may take the form of suspension, demotion in rank or salary, transfer, removal or dismissal from office [15] and not included are cases where the penalty
imposed is suspension for not more then thirty (30) days or fine in an amount not exceeding thirty days salary [16] or when the respondent is exonerated
of the charges, there is no occasion for appeal. [17] In other words, we overrule prior decisions holding that the Civil Service Law does not contemplate a
review of decisions exonerating officers or employees from administrative charges enunciated in Paredes v. Civil Service Commission; [18] Mendez v.
Civil Service Commission;[19] Magpale v. Civil Service Commission;[20] Navarro v. Civil Service Commission and Export Processing Zone Authority[21] and
more recently Del Castillo v. Civil Service Commission[22]
The Court of Appeals reliance on Debulgado vs. Civil Service Commission, [23] to support its ruling is misplaced. The issues in Debulgado are
whether a promotional appointment is covered by the prohibition against nepotism or the prohibition applies only to original appointments to the civil
service, and whether the Commission had gravely abused its discretion in recalling and disapproving the promotional appointment given to petitioner
after the Commission had earlier approved that appointment. Debulgado never even impliedly limited the coverage of the ban on nepotism to only the
appointing or recommending authority for appointing a relative. Precisely, in Debulgado, the Court emphasized that Section 59 means exactly what it
says in plain and ordinary language: x x x The public policy embodied in Section 59 is clearly fundamental in importance, and the Court had neither
authority nor inclination to dilute that important public policy by introducing a qualification here or a distinction there. [24]
Nepotism is one pernicious evil impeding the civil service and the efficiency of its personnel. In Debulgado, we stressed that [T]the basic purpose
or objective of the prohibition against nepotism also strongly indicates that the prohibition was intended to be a comprehensive one. [25] The Court was
unwilling to restrict and limit the scope of the prohibition which is textually very broad and comprehensive. [26] If not within the exceptions, it is a form of
corruption that must be nipped in the bud or bated whenever or wherever it raises its ugly head. As we said in an earlier case what we need now is not
only to punish the wrongdoers or reward the outstanding civil servants, but also to plug the hidden gaps and potholes of corruption as well as to insist
on strict compliance with existing legal procedures in order to abate any occasion for graft or circumvention of the law. [27]
WHEREFORE, the Court hereby GRANTS the petition and REVERSES the decision of the Court of Appeals in CA-G.R. SP No. 44711.
ACCORDINGLY, the Court REVIVES and AFFIRMS the resolutions of the Civil Service Commission dated January 28, 1998 and September 30,
1998, dismissing respondent Pedro O. Dacoycoy from the service.
No costs.
SO ORDERED.
G.R. No. 111471 September 26, 1994

CITY MAYOR ROGELIO R. DEBULGADO and VICTORIA T. DEBULGADO, petitioners,
vs.
CIVIL SERVICE COMMISSION, respondent.
Marlon P. Ontal for petitioners.
FELICIANO, J.:
21
Petitioner Rogelio R. Debulgado is the incumbent Mayor of the City of San Carlos, Negros Occidental. On 1 October 1992, petitioner Mayor appointed
his wife, petitioner Victoria T. Debulgado, as General Services Officer, that is, as head of the Office of General Services 1 of the City Government of San
Carlos.
Petitioner Victoria was one of three (3) employees of the City Government who were considered for the position of General Services Officer. Before her
promotion in 1992, she had been in the service of the City Government for about thirty-two (32) years. She joined the City Government on 3 January
1961 as Assistant License Clerk. Through the years, she rose from the ranks, successively occupying the following positions:
(a) Assistant Chief of the License & Fees Division, from 1 July 1965 to 30 June 1973;
(b) Chief of the License and Fees Division, from 1 July 1973 to 1 January 1981;
(c) Cashier, from 2 January 1981 to 30 June 1989; and
(d) Cashier IV, from 1 July 1989 to 30 September 1992. 2
On 1 October 1992, petitioner Victoria assumed the new post, and commenced discharging the functions, of General Services Officer of San
Carlos City and receiving the regular salary attached to that position.
On 16 December 1992, public respondent Civil Service Commission ("Commission") received a letter 3 from Congressman Tranquilino B. Carmona of
the First District of Negros Occidental, calling attention to the promotional appointment issued by petitioner Mayor in favor of his wife.
The Commission directed its Regional Office No. 6-Iloilo City to submit a report on the appointment of petitioner Victoria.
From the report submitted by Director Jesse J. Caberoy of the Iloilo City-CSRO No. 6, the Commission found that petitioner Mayor was the lawful
husband of the appointee, petitioner Victoria, the two (2) having been married sometime in 1964. Director Caberoy also reported that the appointment
papers prepared by the Office of the City Mayor of San Carlos were submitted to the Bacolod City CSC-Field Office on 28 October 1992, and that the
appointment was thereafter approved by Director Purita H. Escobia of that CSC-Field Office, on 18 November 1992.
Acting on the report of Director Caberoy, the Commission, in its Resolution No. 93-1427 dated 13 April 1993, recalled the approval issued by Director
Escobia and disapproved the promotion of petitioner Victoria to the position of General Services Officer of San Carlos City upon the ground that that
promotion violated the statutory prohibition against nepotic appointments.
On 14 June 1993, petitioner Mayor and petitioner Victoria received a copy of Resolution No. 93-1427 of the Commission. 4 Petitioners moved for
reconsideration, contending that the statutory prohibition against nepotism was not applicable to the appointment of Victoria as General Services Officer.
Petitioners also asserted that the Commission had deprived petitioner Victoria of her right to due process by unilaterally revoking her appointment. The
motion for reconsideration was denied by the Commission on 21 July 1993.
In this Petition for Certiorari, petitioner Mayor and petitioner Victoria contend that the Commission had gravely abused its discretion in withdrawing and
disapproving petitioner Victoria's promotional appointment. Petitioners assert that Victoria can no longer be removed from the position of General
Services Officer without giving her an opportunity to be heard and to answer the charged of nepotism.
Petitioner Mayor denies that he had been motivated by personal reasons when he appointed his wife to the new post. He states that his wife was the
most qualified among the candidates for appointment to that position, she having worked for the City Government for thirty-two (32) years and being
highly recommended by the OIC-Treasurer of San Carlos City. 5 It is also claimed by petitioner Mayor that his choice of his wife for the position was
concurred in by the Sangguniang Panglungsod. 6 He further avers that he had consulted the Field and Regional Officers of the Commission in Bacolod
City, and raised the question of applicability of the prohibition against nepotism to the then proposed promotion of his wife in one of the seminars
conducted by the Commission's Regional Office held in San Carlos City on 21 and 22 September 1992. According to petitioner Mayor, one Gregorio C.
Agdon, a supervising personnel specialist in the Commission's Bacolod Office, informed him that the promotional appointment was not covered by the
prohibition. 7
The basic contention of petitioners is that the prohibition against nepotic appointments is applicable only to original appointments and not to promotional
appointments. They believe that because petitioner Victoria was already in the service of the City Government before she married petitioner Mayor, the
reason behind the prohibition no longer applied to her promotional appointment. Petitioners also affirm that petitioner Victoria deserves to be promoted
to General Services Officer, considering her long and faithful service to the City Government. 8
The task before this Court is, accordingly, two-fold:
(1) to determine whether a promotional appointment is covered by the legal prohibition against nepotism, or whether that prohibition
applies only to original appointments to the Civil Service; and
(2) to determine whether the Commission had gravely abused its discretion in recalling and disapproving the promotional
appointment given to petitioner Victoria after the Commission, through Director Escobia, had earlier approved that same
appointment, without giving an opportunity to petitioner Victoria to explain her side on the matter.
I
The prohibitory norm against nepotism in the public service is set out in Section 59, Book V of the Revised Administrative Code of 1987 (also known as
E.O. No. 292). Section 59 reads as follows:
Sec. 59. Nepotism (1) All appointments in 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.
22
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 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: Provided, however, That in each particular
instance full report of such appointment shall be made to the Commission.
The restriction mentioned in subsection (1) shall not be applicable to the case of a member of any family who, after his or her
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.
(3) In order to give immediate effect to these provisions, cases of previous appointment which are in contravention hereof shall be
corrected by transfer and pending such transfer, no promotion or salary increase shall be allowed in favor of the relative or relatives
who were appointed in violation of these provisions. (Emphasis supplied).
Section 6 of Rule XVIII, of the "Omnibus Rules Implementing Book V of Executive Order No. 292 and other Pertinent Civil Service Laws," issued on 27
December 1991, implementing, among other things, the abovequoted Section 59, provides as follows:
Sec. 6. No appointments in the national, provincial, city and municipal government or in any branch or instrumentality thereof,
including government-owned or controlled corporations with original chartersshall 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 persons exercising immediate supervision over the
appointee.
Unless otherwise specifically provided by law, as used in this Section, the word "relative" and the 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 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. Provided, however, That in each particular instance
full report of such appointment shall be made to the Commission.
The restriction mentioned in the first paragraph of this Section shall not be applicable to the case of a member of any family who
after his or her 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.
Cases of previous appointment which are in contravention hereof shall be corrected by transfer, and pending such transfer no
promotion or salary increase shall be allowed in favor of the relative or relatives who were appointed in violation of these provisions.
(Emphasis supplied)
It will be noted that the abovequoted Section 6 of Implementing Rule XVIII essentially tracks the provisions of Section 59, Book V of E.O. No.
292. 9
We turn, therefore, to an analysis of Section 59, Book V of E.O. No. 292, quoted above. The noteworthy fact may be pointed out, at the outset, that
Section 59 as it exists today has been in our statute books in substantially identical form and language for at least thirty (30) years. 10
A textual examination of Section 59 at once reveals that the prohibition was cast in comprehensive and unqualified terms. Firstly, it explicitly covers
"all appointments", without seeking to make any distinction between differing kinds or types of appointments. Secondly, Section 59 covers all
appointments to the national, provincial, city andmunicipal government, as well as any branch or instrumentality thereof and all government owned or
controlled corporations. Thirdly, there is a list of exceptions set out in Section 59 itself, but it is a short list:
(a) persons employed in a confidential capacity;
(b) teachers;
(c) physicians; and
(d) members of the Armed Forces of the Philippines.
The list has not been added to or subtracted from for the past thirty (30) years. The list does not contain words like "and other similar
positions." Thus, the list appears to us to be a closed one, at least closed until lengthened or shortened by Congress.
Section 59 of Book V, E.O. No. 292 should, of course, be read in connection with the Omnibus Implementing Rules. Additional light is shed on the issue
we here address by some provisions of these Rules. Section 1, Rule V of the Omnibus Implementing Rules reads as follows:
Sec. 1. All appointments in the career service shall be made only according to merit and fitness to be determined as far as
practicable by competitive examinations.
As used in these Rules, any action denoting movement or progress of personnel in the civil serviceshall be known as personnel
action. Such action shall include promotion, transfer, reinstatement, reemployment, detail, secondment, reassignment, demotion and
separation. All original appointments and personnel actions shall be in accordance with these Rules and with other regulations and
standards that may be promulgated by the Commission. (Emphasis supplied)
Section 1, Rule VII of the same Rules also bears upon our inquiry:
Sec. 1. The following constitute personnel actions: original appointment, appointment through certification, promotion, transfer,
reinstatement, reemployment, detail, secondment, demotion and separation. (Emphasis supplied)
Under the abovequoted provisions of the Implementing Rules, both an original appointment and a promotion are particular species of personnel action.
The original appointment of a civil service employee and all subsequent personnel actions undertaken by or in respect of that employee such as
23
promotion, transfer, reinstatement, reemployment, etc., must comply with the Implementing Rules including, of course, the prohibition against nepotism
in Rule XVIII. To the extent that all personnel actions occurring after an original appointment, require the issuance of a new appointment to another
position (or to the original position in case of reinstatement), we believe that such appointment must comply with all applicable rules and prohibitions,
including the statutory and regulatory prohibition against nepotism. To limit the thrust of the prohibition against nepotism to the appointment issued at the
time of initial entry into the government service, and to insulate from that prohibition appointments subsequently issued when personnel actions are
thereafter taken in respect of the same employee, would be basically to render that prohibition, in the words of Laurel V, etc. v. Civil Service
Commission, 11 "meaningless and toothless."
Inquiry into the basic purpose or objective of the prohibition against nepotism also strongly indicates that that prohibition was intended to be a
comprehensive one. Section 1, Book V, E.O. No. 292 sets out the basic policy which pervades all the provisions of our Civil Service law, including
Section 59 thereof:
Sec. 1. Declaration of Policy. The State shall insure and promote the Constitutional mandate that appointments in the Civil
Service shall be made only according to merit and fitness; . . . (Emphasis supplied)
Put succinctly, that purpose is to ensure that all appointments and other personnel actions in the civil service should be based on merit and
fitness and should never depend on how close or intimate an appointee is to the appointing power. 12
Laurel V, etc. v. Civil Service Commission supra, is instructive in this connection. In that case, petitioner Governor of Batangas Province appointed or
designated his brother, Benjamin Laurel, who had been holding a promotional appointment as Civil Security Officer, a position classified as "primarily
confidential" by the Civil Service, to the position of Provincial Administrator, a position in the Career Civil Service. This Court held that the appointment or
designation as Acting Provincial Administrator was violative of the prohibition against nepotism, then embodied in Section 49, P.D. No. 807. Moreover,
the Court emphatically agreed with the Civil Service Commission that "although what was extended to Benjamin was merely a designation and not an
appointment, . . . the prohibitive mantle on nepotism would include designation, because what cannot be done directly, cannot be done indirectly:"
We cannot accept petitioner's view. His specious and tenuous distinction between appointment and designation is nothing more
than either a ploy ingeniously conceived to circumvent the rigid rule on nepotism or a last-ditch maneuver to cushion the impact of
its violation. The rule admits of no distinction between appointment and designation. Designation is also defined as "an appointment
or assignment to a particular office"; and "to designate" means "to indicate, select, appoint or set apart for a purpose of duty."
(Black's Law Dictionary, Fifth ed., 402)
xxx xxx xxx
It seems clear to Us that Section 49 of P.D. No. 807 does not suggest that designation should be differentiated from appointment.
Reading this section with Section 25 of said decree, career service positions may be filled up only by appointment, either permanent
or temporary; hence a designation of a person to fill it up because it is vacant, is necessarily included in the term appointment, for it
precisely accomplishes the same purpose. Moreover, if a designation is not to be deemed included in the termappointment under
Section 49 of P.D. No. 807, then the prohibition on nepotism would be meaningless and toothless. Any appointing authority may
circumvent it by merely designating, and not appointing, a relative within the prohibited degree to a vacant position in the career
service. Indeed, as correctly stated by public respondent, "what cannot be done directly cannot be done indirectly." 13 (Emphasis
partly in the original and partly supplied; citation omitted)
Thus, the Court was unwilling to restrict and limit the scope of the prohibition which is textually very broad and comprehensive.
One of the contentions of petitioner in the case at bar is that the ratio of the prohibition against nepotism is not applicable here because petitioner
Victoria was already in the government service at the time petitioners were married in 1964. It is not disputed that the original 1961 appointment of
petitioner Victoria as an Assistant License Clerk was not a nepotic appointment. Indeed, Section 59 itself states, in the 4th paragraph thereof, that the
prohibition against nepotism is not
applicable to the case of a member of any family who, after his or her appointment to any position in any 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. (Emphasis supplied)
The subsequent marriage of one to the other of petitioners did not retroactively convert the original appointment of petitioner Victoria into a
prohibited nepotic one. It is the promotional appointment issued by petitioner Mayor to petitioner Victoria in 1 October 1982 that is at stake.
Here, the basic argument of petitioners is that to read the prohibition in Section 59, Book V of E.O. No. 292 as applicable both to original and
promotional or subsequent appointments, would be to deprive the government of the services of loyal and faithful employees who would thereby be
penalized simply because the appointing or recommending official happens to be related to the employees within the third degree of consanguinity or
affinity.
A major difficulty with the petitioners' argument is that it tends to prove too much. For the appointee, whether in an original or a promotion appointment,
may in fact be quite loyal and efficient and hard-working; yet that circumstance will not prevent the application of the prohibition certainly in respect of the
original appointment. The Court is not unaware of the difficulties that the comprehensive prohibition against nepotism would impose upon petitioner
Victoria and others who maybe in the same position. It is essential to stress, however, that the prohibition applies quite without regard to the actual
merits of the proposed appointee and to the good intentions of the appointing or recommending authority, and that the prohibition against nepotism in
appointments whether original or promotional, is not intended by the legislative authority to penalize faithful service.
The purpose of Section 59 which shines through the comprehensive and unqualified language in which it was cast and has remained for decades,
is precisely to take out of the discretion of the appointing and recommending authority the matter of appointing or recommending for appointment a
relative. In other words, Section 59 insures the objectivity of the appointing or recommending official by preventing that objectivity from being in fact
tested. The importance of this statutory objective is difficult to overstress in the culture in which we live and work in the Philippines, where family bonds
remain, in general, compelling and cohesive.
24
The conclusion we reach is that Section 59, Book V, E.O. No. 292 means exactly what it says in plain and ordinary language: it refers to "all
appointments" whether original or promotional in nature. The public policy embodied in Section 59 is clearly fundamental in importance, and the Court
has neither authority nor inclination to dilute that important public policy by introducing a qualification here or a distinction there.
It follows that the promotional appointment of petitioner Victoria by her husband, petitioner Mayor, falls within the prohibited class of appointments: the
prohibited relationship between the appointing authority (petitioner Mayor) and the appointee (wife Victoria) existed at the time the promotional
appointment was issued. It is scarcely necessary to add that the reasons which may have moved petitioner Mayor to issue the prohibited appointment
are, as a matter of law, not relevant in this connection. 14
II
We turn to the second issue where petitioners contend that when the promotional appointment of petitioner Victoria was approved by Director Escobia,
CSC Field Office, Bacolod City, that appointment become complete. When petitioner Victoria took her oath of office and commenced the discharge of the
duties of a General Services Officer, she acquired a vested right to that position and cannot, according to petitioners, be removed from that position
without due process of law.
This argument misconceives the nature of the action taken by the respondent Commission. That action was not the imposition of an administrative
disciplinary measure upon petitioner Victoria, nor upon petitioner Mayor. There were no administrative charges in respect of which petitioner Victoria
would have been entitled to notice and hearing. The Commission, in approving or disapproving an appointment, only examines the conformity of the
appointment with applicable provisions of law and whether the appointee possesses all the minimum qualifications and none of the disqualifications. At
all events, as the Solicitor General has noted, petitioner Victoria was afforded an opportunity to be heard when she filed a motion for reconsideration with
the Commission and there challenged the disapproval by the Commission.
The action of the Commission was, in other words, taken in implementation of Section 59, Book V, E.O. No. 292 and the relevant Implementing
Regulations. Because the promotional appointment in favor of petitioner Victoria was a violation of Section 59, it was null and void as being contra
legem. Section 9 of Rule V of the Omnibus Implementing Regulations sets out the principal legal consequence of an appointment issued in disregard of
the statutory prohibition:
Sec. 9. An appointment accepted by the appointee cannot be withdrawn or revoked by the appointing authority and shall remain in
force and effect until disapproved by the Commission. However, an appointment may be void from the beginning due to fraud on the
part of the appointee or because it was issued in violation of law. (Emphasis supplied)
A void appointment cannot give rise to security of tenure on the part of the holder of such appointment.
The Commission is empowered to take appropriate action on all appointments and other personnel actions, e.g., promotions. 15 Such power includes the
authority to recall an appointment initially approved in disregard of applicable provisions of Civil Service law and regulations. Section 20 of Rule VI of the
Omnibus Implementing Rules makes this clear:
Sec. 20. Notwithstanding the initial approval of an appointment, the same may be recalled on any of the following grounds:
(a) Non-compliance with the procedures/criteria provided in the agency's Merit Promotion Plan;
(b) Failure to pass through the agency's Selection/Promotion Board;
(c) Violation of the existing collective agreement between management and employees relative to promotion; or
(d) Violation of other existing civil service law, rules and regulations. (Emphasis supplied).
The recall or withdrawal by the Commission of the approval which had been issued by one of its Field Officers, Director Escobia, was accordingly lawful
and appropriate, the promotional appointment of petitioner Victoria being void "from the beginning." The approval issued by Director Escobia did not, as
it could not, cure the intrinsic vice of that appointment.
We conclude, in respect of the second issue, that petitioners have not shown any grave abuse of discretion, amounting to lack of excess of jurisdiction
on the part of respondent Commission.
Petitioners have also complained that the letter of Congressman Carmona which had precipitated action on the part of respondent Commission, was not
a verified letter. They contend that the Commission could not or should not have acted upon the charges raised in that letter.
We are not aware of any law or regulation requiring the letter written by the Congressman to be subscribed under oath before the Commission could act
thereon. Under its own rules and regulations, the Commission may reviewmotu proprio personnel actions involving the position of a Division Chief or
above, such as the position of General Services Officer. 16 We hold that the respondent Commission had authority, indeed the duty, to recall on its own
initiative the erroneous initial approval of the promotional appointment extended to petitioner Victoria, and to review the same de novo.
WHEREFORE, for all the foregoing, the Petition for Certiorari must be DISMISSED for lack of merit. No pronouncement as to costs.
SO ORDERED.
CAMARAO, Fedeserio C.
Re:
Complaint; Nepotism
25
x------------------------------------x
RESOLUTION NO. 01-1673
Julian O. Marquez, Jr., Professor, Technological University of the Philippines (TUP), Manila, files a complaint against Fedeserio C. Camarao,
President, that University, for Nepotism.
In his sworn affidavit-complaint, Professor Marquez decries as nepotic the designation made by President Camarao of his wife, Dr. Gloria C.
Camarao, Professor VI, College of Science, as Assistant to the Vice President for Academic Affairs (AVPAA) on Research, Extension and Graduate
Education, same University. He further notes that the designation order issued by President Camarao, stating that Dr. Camarao will remain as a core
faculty of the College of Science is a ploy to circumvent the law, hence, considered `nepotism in disguise.
The TUP Order No. 45, s. 2001 which is adverted to above reads in full, as follows:
1.
To help strengthen research and extension at the level of the colleges in the main campus and the graduate program of the
University, Dr. Gloria C. Camarao, Professor of the College of Science, is hereby designated as Assistant to the Vice
President for Academic Affairs (VPAA) on Research, Extension and Graduate Education.
2.
As Assistant to the VPAA, Dr. Camarao shall perform the following functions:
3.
`a.
Assists the VPAA in matters pertinent to the planning, implementation and advancement of research
and extension in the Manila campus, and the graduate education of the University;
`b.
Assists the Coordinators of research and extension in the colleges and the Coordinators of graduate
education in the development of programs/projects that are aligned to the identified University
directions in research, extension and graduate education;
`c.
Assists in strengthening of the capabilities of the colleges and external campuses, the faculty as
researchers, thesis advisers, and extension specialists; and
`d.
Perform other related tasks as directed by the higher authority.
Dr. Camarao will remain as a core faculty of the College of Science.
Apparently, in compliance with civil service law and rules, President Camarao apprised this Commission, in a letter dated July 19, 2001, of the
fact of his having designated his wife, the surrounding circumstances thereof, and the justifications for the same. The letter states:
This is a report in compliance with Section 49(b) of Article X of PD 807, otherwise known as the Civil Service Law, which
exempts teachers, among others, from the rule on nepotism.
I had appointed my wife, DR. GLORIA C. CAMARAO, as Professor 6 in the College of Science of this University (Annex
A). She had been appointed to a teaching position. No other appointment, let alone an administrative appointment as defined
and/or contemplated by law, had been extended to her.
Being a university teacher -- an academic rather than and administrative personnel -- she has to perform the conventional
and commonly accepted triologic functions of instruction, research and extension. Thus, in line with the performance of these three
academic functions, it was just proper, natural, and logical that she had likewise been recommended by no less than the Vice
President for Academic Affairs (VPAA) to do certain specific academic tasks as enumerated in the letter-request of VPAA Josefino
Gascon dated July 2, 2001 (Annex B) and which tasks are essentially reflected in the TUP ORDER No. 45, s. 2001 (Annex
C), issued by me, which designated her as assistant (technical rather than administrative assistant) to the VPAA on research,
extension, and graduate education without additional compensation -- tasks which are not simply supportive of but rather essentially
constitutive of her academic and/or teaching job.
Section 59 of the Administrative Code of 1987 expressly provides:
Sec. 59. Nepotism -- (1) All appointments in the national, provincial, city and municipal governments or in any branch or
instrumentality thereof, including government-owned or controlled corporations, made in favor or a relative of the appointing or
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 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; Provided, however, That in each
particular instance full report of such appointment shall be made to the Commission.
x x x
As a general rule, nepotism is proscribed in the civil service. Public policy appears to be the paramount consideration behind the prohibition. In
the light of the adverse and oftentimes demoralizing effects of the practice of patronage in the workings of the civil service, especially on employees
morale, merit and fitness rather than family bonds or ties, should be, as much as practicable, the singular determinant in effecting appointments and
other personnel actions.
Essentially, as spelled out under the above-quoted provision, there arises nepotism when an appointment is issued to a relative of either the
appointing or recommending authority, the head of the office or the immediate supervisor of the appointee. The relationship subsisting between the
appointee and the official concerned, either by blood kinship or by fact of marriage, should, however, fall within the proscribed third civil degree for there
to be nepotism, otherwise the same cannot properly be imputed.
Lest it be misconstrued, the rule against nepotism operates not only with regard to appointments but its coverage extends just as well to other
personnel actions such as promotion and designation. So held by the Supreme Court in one case:
Petitioner, however, contends that since what he extended to his brother is not an appointment, but a DESIGNATION, he is
not covered by the prohibition. Public respondent disagrees, for: `By legal contemplation, the prohibitive mantle on nepotism would
include designation, because what cannot be done directly cannot be done indirectly. We cannot accept petitioners view. His
specious and tenuous designation between appointment and designation is nothing more than either a ploy ingeniously conceived
to circumvent the rigid rule on nepotism or a last-ditch maneuver to cushion the impact of its violation. The rule admits of no
distinction between appointment and designation. Designation is also defined as `an appointment or assignment to a particular
26
office; and `to designate means `to indicate, select, appoint, or set apart for a purpose or duty. (Laurel vs. Civil Service
Commission, 203 SCRA 195) (Underscoring supplied)
Nonetheless, the prohibition is not one sheathed in ironclad armor. It does not purport to be absolute. On the contrary, as can readily be
discerned from the language of the law, certain exceptions therefrom are recognized. Confidential employees, teachers, physicians and members of the
military are expressly outside the purview of the stricture. Thus, even if the appointee is related within the prohibited degree, say, to the appointing
authority, but it happens that his appointment pertains to a position of confidential nature, no case for nepotism may be found to lie.
In the case at bar, there is no question that the appointment of Dr. Camarao as Professor VI, even though issued by her husband, does not
amount to nepotism. In fact, Professor Marquez does not assail the propriety of the said appointment. Perhaps, this is because of the implicit
recognition or acknowledgement, and rightly so, of the fact that as Professor VI, she can be considered as a teacher within the contemplation of the
exemption. What is actually being challenged on the ground of nepotism was the subsequent designation of Dr. Camarao as Assistant to the VicePresident for Academic Affairs.
So then, did her designation as AVPAA remove Dr. Camarao from the ambit of the exemption? In other words, did her status as
a teacher change following her designation so as to place her already within the reach of the prohibition?
The ultimate resolution of the case evidently rests on the determination of what the term teacher means, under the contemplation of the
provision on nepotism.
On this score, it is necessary to bear in mind a fundamental rule in statutory construction that statutes which are in pari materia or relating to the
same subject matter should be reasonably construed together in order to come up with a complete and coherent legal system. Every statute should be
so construed and harmonized with other statutes as to form a uniform system of jurisprudence. x x x For the assumption is that whenever the
legislature enacts a law it has in mind the previous statutes relating to the same subject matter, and in the absence of any express repeal or amendment
the new statute is deemed enacted in accord with the legislative policy embodied in those prior statutes. Provisions in an act which are omitted in
another act relative to the same subject matter will be applied in a proceeding under the other act, when not inconsistent with its purpose . (Agpalo,
Statutory Construction [3rdEdition], pp. 209-210; citing the cases, inter alia, of Valera vs. Tuason [80 Phil. 823]; and Corona vs. Court of
Appeals [214 SCRA 378]).
Conformably with the above canon of statutory construction, and since the exempting clause on nepotism envisages or speaks of teacher, then
recourse maybe had to other existing laws, which similarly treat of teachers, in order to shed light on the real import or meaning of the word.
On such law is the Republic Act No. 4670 or the Magna Carta for Public School Teachers. Under Section 2 thereof, it defines teacher, to
wit:
x x x (T)he term `teacher shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time
basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing
supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political
subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees. (Underscoring
supplied)
A cursory perusal of the provision above-quoted evinces that a teacher, contrary to laymans perception, does not solely and exclusively pertain
to one engaged in classroom instructions. A school personnel in a state university or college clothed or vested with functions relating to supervision and
administration is likewise deemed to be a teacher.
Using the above as yardstick, it becomes ineluctable that Dr. Camaraos designation as AVPAA did not render her less of a teacher. Her added
duties and responsibilities, entailed by her designation, of assisting the Vice President for Academic Affairs and other school officials in such areas as
planning, implementation and advancement of research and extension; development of programs/projects aligned to the identified goals of the
University; and strengthening of capabilities of the colleges and satellite campuses -- all these partake of the nature of administrative work, which forms
an integral part of the multifarious roles of teachers, going by the language of the Magna Carta for Public School Teachers.
Moreover, Dr. Camaraos designation states that she will remain a core faculty of the College of Science. Rather than view this as an ingenious
scheme to circumvent the rule on nepotism, as what Professor Marquez seeks to impress, this is just a natural consequence considering that
designation merely implies the temporary imposition of additional duties and responsibilities (Section 6[e], Rule III, Revised Omnibus Rules on
Appointments and Other Personnel Actions, as amended). Dr. Camarao did not lose her professorial position just because of her designation.
All told, the Commission finds no prima facie evidence to sustain the imputation of nepotism in the designation of Dr. Gloria Camarao by Dr.
Fedeserio C. Camarao.
WHEREFORE, the present complaint is hereby DISMISSED.
Enabling the Constitutional Prohibition on Political Dynasty
There is no doubt about it. The CORY (1987) Constitution mandates that The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law. Section 26 of Article II says so.
The framers of the Constitution could have prevented subsequent headaches if they had defined political dynasties themselves or referred to some
existing laws involving the granting of public responsibilities and corresponding powers to relatives by incumbents. I named some in an earlier
column: (1) the Constitutional provision under Section 13, Article VII prohibiting the appointment of The spouse and relatives by
consanguinity or affinity within the fourth civil degree of the President to certain positions in government; (2) the rule on nepotism under
Administrative Code of 1987 which prohibits appointments in the national government made in favor of relatives within the third 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; (3) the Local Government Code of 1991 which states that nepotism exists when an appointment is
27
made within the fourth degree of consanguinity or affinity of the appointing or recommending authority; and (4) Philippine Jurisprudence
defining relationships covered under Nepotism.
Or they could have used Blacks Law Dictionary, which is the authority in definitions and is used in legal briefs and court opinions; and has been used
even as a secondary legal authority in an abundance of U.S. Supreme Court cases. The dictionary defines political dynasty as a "succession of rulers
from the same line or family."
Instead, they left it to the Philippine legislature at its convenience to define what is considered political dynasty. The rationale behind
prohibiting political dynasty and nepotism is not just to guarantee equal opportunities for public service but also to avoid conflict of interest
in the exercise of ones public duty. Ironically, by relegating the responsibility and power to the legislature, the framers should have known
that, for many legislators, doing it would be in conflict with their interest. Thats the reason, over a quarter of a century later, Congress
found it convenient NOT to do anything!
COMELEC Chairman Sixto Brillantes was fully aware of the situation. He suggested that an enabling law be passed independent of Congress by using
the Peoples Initiative.
I also suggested this in an earlier column. The CORY Constitution provides that the Filipino people may directly pass new laws, repeal and
amend them. In fact, they can also directly amend the Constitution. These reserved powers are provided for under Sections 1 and 32, Article
VI of the Philippine Constitution with respect to Legislative Powers, Peoples Initiative and Referendum. The Initiative and Referendum Act
(R.A. 6735) and the Local Government Code are the implementing laws with respect to National and Local Initiative and Referendum, and
Recall of Local Officials.
Republic Act 6735, specifically provides:
Sec. 4. Who may exercise. The power of initiative and referendum may be exercised by all registered voters of the country, autonomous
regions, provinces, cities, municipalities and barangays.
Sec. 5. Requirements. (a) To exercise the power of initiative or referendum, at least ten per centum (10%) of the total number of the
registered voters, of which every legislative district is represented by at least three per centum (3%) of the registered voters thereof, shall
sign a petition for the purpose and register the same with the Commission.
(b) A petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of the total number of registered voters as
signatories, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein. Initiative
on the Constitution may be exercised only after five (5) years from the ratification of the 1987 Constitution and only once every five (5) years
thereafter. chan robles virtual law library
(c) The petition shall state the following:
c.1. contents or text of the proposed law sought to be enacted, approved or rejected, amended or repealed, as the case may be;
c.2. the proposition;
c.3. the reason or reasons therefor;
c.4. that it is not one of the exceptions provided herein; chan robles virtual c.5. signatures of the petitioners or registered voters; and
28
c.6. an abstract or summary in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the
petition.
It is not difficult to write the petition. To exercise the power of initiative, you need the signatures of only 10% of the total number of registered
voters nationwide provided that at least 3% of the registered voters in every legislative district are represented therein.
Based on last elections data, there are about 52 million registered voters. So, about 5.2 million signatures or petitioners would be needed to pass the
law. Jamby Madrigal obtained 5,409,440. Yet, she was only No. 20 in the Senatorial elections. But it would have been a winning number in seeking to
disqualify a lot of political dynasties via Peoples Initiative.
The average number of registered voters in each legislative district is 150,000. So, the required 3% as signatories should average about
4,500. That should not be hard to get. In the last elections, Imelda Marcos won overwhelmingly in her district in Ilocos Norte. But her two
opponents still obtained a total of 12,868 votes more than twice the required 3%. In Taguig, while Lino Cayetano won with 55.84% of the
votes, the opposition obtained 26,238 or 44.16% of the votes. Again this is a lot more than the required 3% with plenty to contribute to the
10% total. This is true in places where the political dynasties rule. It is truer in places where they do not. To pass a law as mandated by the
CORY Constitution is not really as hard as it sounds especially if we have the cooperation of the COMELEC led by Chairman Sixto Brilliantes
and the employees who have the duty to assist.
Passing the anti-dynasty law could mean that in 2016 there would be only ONE or NO Aquino, Cojuangco, Marcos, Romualdez, Revilla, EjercitoEstrada, Cayetano, Mangudadatu, Binay, Angara, Mercado, Pacquiao, and many other local political overlords running or occupying an office.
It could mean opportunities for some overseas Filipinos who wish to serve to go back and offer their acquired skills and technologies to their
home country. It could also mean more Filipinos like that taxi driver who succeeded in winning a congressional seat.
This is one cause wherein I think Filipinos abroad could make a difference. The new law on Overseas Absentee Voting allows us to vote on Plebiscites,
Referenda, and Initiatives. Of course, it is about time that we use our influence over our relatives and friends in the Philippines to sign and solicit
verifiable signatures for this anti-dynasty petition.
This page features the full text of

Presidential Decree No. 807
Civil Service Decree of the Philippines
PRESIDENTIAL DECREE NO. 807

PROVIDING FOR THE ORGANIZATION OF THE CIVIL SERVICE COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THE
CONSTITUTION, PRESCRIBING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES.
Whereas , the Constitution provides for organization of a Civil Service Commission which shall establish a career service and adopt
measures to promote morale, efficiency and integrity in the government service;
Whereas, Presidential Decree No. 110 dated January 26, 1973 declared the Civil Service Commission envisioned in the Constitution
in existence, providing guidelines for its operation;
Whereas, there is a need for the immediate organization of the Civil Service Commission in order to enable it to carry out its
mission as mandated by the Constitution; and
29
Whereas, the former Civil Service Commission created under Republic Act No. 2260, as amended, and as organized under the
Integrated Reorganization Plan may serve as the nucleus of the Civil Service Commission.chanrobles virtual law library
Now, therefore, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the powers vested in me by the Constitution, do
hereby decree and order.chanrobles virtual law library
Article 1. Title
Section 1. This Decree shall be known as the "Civil Service Decree of the Philippines."
Article II. Declaration of Policy
Sec. 2. It shall be the policy of the State to insure and promote the Constitutional mandate that appointments in the Civil Service shall
be made only according to merit and fitness, to provide within the public service of personnel administration, and to adopt measures
to promote morale and the highest degree of responsibility, integrity, loyalty, efficiency, and professionalism in the Civil Service; that
the Civil Service Commission shall be the central personnel agency to set standards and to enforce the laws and rules governing the
selection, utilization, training, and discipline of civil servants; that a public office is a public trust and public officers shall serve with
the highest degree of responsibility, integrity, loyalty and efficiency and shall remain accountable to the people; and that action on
personnel matters shall be decentralized, with the different departments and other offices or agencies of the government delegating
to their regional offices or other similar units, powers and functions.chanrobles virtual law library
Article III. Definition of Terms
Sec. 3. As used in this Decree, the following shall be construed thus:

a. "Agency" means any bureau, office, commission, administration, board, committee, institute, corporation, whether performing
governmental or proprietary function, or any other unit of the National Government, as well as provincial, city or municipal
government, except as hereinafter otherwise provided.chanrobles virtual law library
b. "Appointing officer" is the person or body authorized by law to make appointments in the Philippine Civil Service.chanrobles virtual
law library
c. "Class" includes all positions in the government service that are sufficiently similar as to duties and responsibilities and require
similar qualifications that can be given the same title and salary and for all administrative and compensation purposes, be treated
alike.chanrobles virtual law library
d. "Commission" refers to the Civil Service Commission.chanrobles virtual law library
e. "Chairman" refers to the Chairman of the Commission
f. "Commissioner" refers to either of the two other members of the Commission.chanrobles virtual law library
g. "Department" includes any of the executive departments or entities having the category of a department including the judiciary,
Commission on Elections and Commission on Audit.chanrobles virtual law library
h. "Eligible" refers to a person who obtains a passing grade in a civil service eligibility and whose name is entered in the register of
eligibles.chanrobles virtual law library
i. "Examination" refers to a civil examination conducted by the Commission and its regional offices or by other departments or
agencies with the assistance of the Commission, or in coordination or jointly with it, and those that it may delegate to departments
and agencies pursuant to this Decree, or those that may have been delegated by law.chanrobles virtual law library
j. "Form" refers to those prescribed by the Civil Service Commission.chanrobles virtual law library
Article IV. Scope of the Civil Service
30
Section 4. Position Embraced in the Civil Service. - The Civil Service embraces every branch, agency, subdivision, and instrumentality
of the government, including every government-owned or controlled corporations whether performing governmental or proprietary
function.chanrobles virtual law library
Positions in the Civil Service shall be classified into career service and non-career service.chanrobles virtual law library
Sec. 5. The Career Service shall be characterized by (1) entrance based on merit and fitness to be determined as far as practicable by
competitive examinations, or based on highly technical qualifications; (2) opportunity for advancement to higher career positions;
and (3) security of tenure.chanrobles virtual law library
The Career Services shall include:
1. Open Career positions for appointment to which prior qualification in an appropriate examination is required;
2. Closed Career positions which are scientific or highly technical in nature; these include the faculty and academic staff of state
colleges and universities, and scientific and technical positions in scientific or research institutions which shall establish and maintain
their own merit systems;
3. Positions in the Career Executive Service, namely, Undersecretary, Assistant Secretary, Bureau Director, Assistant Regional
Director, Chief of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service
Board, all of whom are appointed by the President;
4. Career officers, other than those in the Career Executive Service, who are appointed by the President, such as the Foreign Service
Officers in the Department of Foreign Affairs;
5. Commissioned officers and enlisted men of the Armed Forces which shall maintain a separate merit system;
6. Personnel of government-owned or controlled corporations, whether performing governmental or proprietary functions, who do not
fall under the career service; and
7. Permanent laborers, whether skilled, semi-skilled, or unskilled.chanrobles virtual law library

Sec. 6. The Non-Career Service shall be characterized by (1) entrance on bases other than those of the usual tests of merit and
fitness utilized for the career service; and (2) tenure which is limited to a period specified by law, or which is coterminous with that of
the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose
employment was made.chanrobles virtual law library
The Non-Career Service shall include:
1. Elective officials and their personal or confidential staff;
2. Department Heads and other officials of Cabinet rank who hold positions at the pleasure of the President and their personal or
confidential staff(s);
3. Chairman and members of commissions and boards with fixed terms of office and their personal or confidential staff;
4. Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a
specific work or job, requiring special or technical skills not available in employing agency, to be accomplished within a specific
period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility
with a minimum of direction and supervision from the hiring agency; and
5. Emergency and seasonal personnel.chanrobles virtual law library

Sec. 7. Classes of Positions in the Career Service. - (a) Classes of positions in the career service appointment to which requires
examinations shall be grouped into three major levels as follows:
1. The first level shall include clerical, trades, crafts, and custodial service positions which involve non-professional or subprofessional
work in a nonsupervisory or supervisory capacity requiring less than four years of collegiate studies;
31
2. The second level shall include professional, technical, and scientific work in a non-supervisory or supervisory capacity requiring at
least four years of college work up to Division Chief level; and
3. The third level shall cover positions in the Career Executive Service.chanrobles virtual law library
(b) Except as herein otherwise provided, entrance to the first two levels shall be through competitive examinations, which shall be
open to those inside and outside the service who meet the minimum qualification requirements. Entrance to a higher level does not
require previous qualification in the lower level. Entrance to the third level shall be prescribed by the Career Executive Service
Board.chanrobles virtual law library
(c) Within the same level, no civil service examination shall be required for promotion to a higher position in one or more related
occupational groups. A candidate for promotion should, however, have previously passed the examination for that level.chanrobles
virtual law library
Article V. Organization and Functions
Sec. 8. Composition of the Civil Service Commission. - (a) An independent Civil Service Commission, hereinafter referred to as the
Commission is hereby established composed of a Chairman and two Commissioners, who shall be responsible for the effective
discharge of the functions of the Commission. They shall be appointed by the President for a term of seven years without
reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for
three years: Provided, that appointment to any vacancy shall be only for the unexpired portion of the term of the
predecessors.chanrobles virtual law library
(b) To be eligible for appointment as Chairman or Commissioners, a person should be a natural born citizen of the Philippines, at least
thirty-five years of age at the time of appointment, a holder of a college degree and must not have been a candidate for any elective
position in the election immediately preceding his appointment.chanrobles virtual law library
(c) The Chairman and each Commissioner shall receive an annual compensation of sixty thousand pesos and fifty thousand pesos
which shall not be decreased during their continuance in office: Provided, That no member of the Commission shall, during his tenure
in office, engage in the practice of any profession or in the management of any businesses, or be financially interested directly or
indirectly in any contract with, or in any franchise or privilege granted by, the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations.chanrobles virtual law library
Sec. 9. Powers and Functions of the Commission. - The Commission shall administer the Civil Service and shall have the following
powers and functions:
a. Administer and enforce the constitutional and statutory provisions on the merit system;
b. Prescribe, amend and enforce suitable rules and regulations for carrying into effect the provisions of this Decree. These rules and
regulations shall become effective thirty days after publication in the Official Gazette or in any newspaper of general
circulation.chanrobles virtual law library
c. Promulgate policies, standards, and guidelines for the Civil Service and adopt plans and programs to promote economical,
efficient, and effective personnel administration in the government; and prescribe all forms for publications, examinations,
appointments, reports, records, and such other forms as may be required under this Decree;
d. Advise the President on all matters involving the personnel management in the government service and assist in the improvement
of personnel units and programs in the departments and agencies;
e. Appoint its personnel and exercise overall supervision and control over the activities of the Commission;
f. Supervise and coordinate the conduct of civil service examinations being administered by the departments concerned as provided
for under Paragraph 5, Article III, Chapter II, Part III of the Integrated Reorganization Plan;
g. Provide leadership and assistance in formulating, administering, and evaluating programs relative to the development and
retention of a competent and efficient work force in the public service;
32
h. Approve all appointments, whether original or promotional, to positions in the civil service, except those presidential appointees,
members of the Armed Forces of the Philippines, police forces, firemen, and jailguards, and disapprove those where the appointees do
not possess the appropriate eligibility or required qualifications. An appointment shall take effect immediately upon issue by the
appointing authority if the appointee assumes his duties immediately and shall remain effective until it is disapproved the
Commission, if this should take place, without prejudice to the liability of the appointing authority for appointments issued in violation
of existing laws or rules: Provided, finally, That the Commission shall keep a record of appointments of all officers and employees in
the civil service. All appointments requiring the approval of the Commission as herein provided, shall be submitted to it by the
appointing authority within thirty days from issuance, otherwise, the appointment becomes ineffective thirty days
thereafter.chanrobles virtual law library
i. Inspect and audit periodically the personnel work programs of the different departments, bureaus, offices, agencies and other
instrumentalities of the government, including government-owned or controlled corporations, conduct periodic review of decisions
and actions of offices or officials to whom authority has been delegated by the Commission as well as the conduct of the officials and
employees in these offices and apply appropriate sanctions whenever necessary;
j. Hear and decide administrative disciplinary cases instituted directly with in accordance with Section 37 or brought to it on appeal;
k. Issue subpoena duces tecum or require the production of books and papers pertinent to investigations and inquiries to be made by
the Commission in accordance with its authority conferred by the Constitution, this Decree, and other laws, decrees, or letters of
instructions issued by the President; summon witnesses to appear at such investigation or inquiries;
l. Submit to the President an annual report which shall contain an adequate evaluation of the progress of the merit system and the
problems encountered in its implementation; and
m. Perform such other functions as properly belong to a central personnel agency.chanrobles virtual law library
Sec. 10. Duties and Responsibilities of the Chairman. a. Subject to policies and resolution adopted by the Commission, the Chairman shall:
1. Direct the operations of the Commission including those pertaining to its internal administration;
2. Establish standard operating procedures for the effective operations of the Commission;
3. Transmit to the President, rules, regulations, and other guidelines adopted by the Commission which require Presidential attention
including annual and other periodic reports as may be necessary;
Issue appointments to, and enforce decision on administrative discipline involving officials and employees of the Commission;
4. Delegate authority for the performance of any function to officials of the Commission;
5. Submit the annual and supplemental budgets of the Commission; and
6. Perform such other functions as may be provided by law.chanrobles virtual law library
b. In his capacity as member of the Career Executive Service Board, he shall present appropriate viewpoints in the deliberation of the
Board are properly harmonized with the overall policies and programs of personnel management in the government.chanrobles
virtual law library
c. There shall be an Executive Director in the Office of the Chairman who shall be responsible for the effective implementation of the
policies, rules and standards promulgated by the Commission, to coordinate and supervise the activities of the different offices in the
Commission including those of the regional offices; to report to the Chairman the operations of such functions as may be assigned to
him by the Chairman.chanrobles virtual law library
Sec. 11. Duties and Responsibilities of the Other Members of the Commission. - Jointly with the Chairman, the two Commissioners
shall be responsible for the effective exercise of the rule-making and adjudicative functions of the Commission. In case of the absence
of the Chairman, owing to the illness or other cause, the senior member shall temporarily perform the functions of the
Chairman.chanrobles virtual law library
33
Sec. 12. Offices in the Commission. - The Commission shall carry out its functions through the following Offices and Service: (1)
Office of Recruitment, Examination and Selection, (2) Office of Career and Employee Development, (3) Office of Personnel Planning
and Program Evaluation, (4) Office of Personnel Relations, (5) Office of Legal Affairs, and (6) Administrative Service. It shall keep and
maintain such regional offices as the exigencies of the service so require in accordance with the pertinent provisions of Chapter III,
Part II of the Integrated Reorganization Plan, or as may be provided by law.chanrobles virtual law library
1. The Office of Recruitment, Examination and Selection, headed by a Director, shall provide leadership and assistance in developing
and implementing the overall Commission program relating to recruitment, examination and selections.chanrobles virtual law library
2. The Office of Career and Employee Development, headed by a Director, shall provide leadership and assistance to line agencies in
formulating, administering, and evaluating programs relating to the development and retention of skilled and efficient work force in
the public service, develop policies, standards and procedures on the establishment and administration of departmental and agency
career and personnel development plans shall include provisions on merit promotions, performance evaluation, in-service training,
job rotation, suggestions and incentive awards system; integrate such plans into a national plan; and monitor and evaluate progress
in connection therewith.chanrobles virtual law library
3. The Office of Personnel Planning and Program Evaluation. Headed by a director, shall provide the Commission with economical,
efficient, and effective service relating to policy development, program planning, research and statistics, budgetary and management
service; and shall conduct periodic evaluation of personnel management programs and performance of the different departments and
agencies of the national government, including government-owned or controlled corporations.chanrobles virtual law library
4. The Office of Personnel Relations, headed by a Director, shall provide leadership and assistance in developing employee relations
programs in the different departments and agencies, including the establishment of employee organizations and the coordination of
their activities.chanrobles virtual law library
5. The Office of Legal Affairs, headed by a Director, shall assist the Commission on all matters relating to administrative discipline
and in its quasi-judicial and rule-making functions and the prosecution of the violation of Civil Service Law and Rules and laws
affecting the Civil Service and such other functions as may be assigned by the Chairman.chanrobles virtual law library
6. The Administrative Service, headed by a Director, shall provide the Commission with economical, efficient, and effective services
relating to personnel, records, supplies, equipment, collection, disbursements, accounting, and data processing a custodial
services.chanrobles virtual law library
Sec. 13. Regional Offices. - Each regional office of the Commission shall exercise the following authority:
a. Enforce Civil Service Law and Rules in connection with personnel actions of national and local government agencies within the
region, and conduct of public officers and employees;
b. Conduct recruitment and examination for government-wide position in the region;
c. Provide technical advice and assistance to public agencies within the region regarding personnel administration; and
d. Perform such other functions as may be assigned to it by the Commission.chanrobles virtual law library
Sec. 14. Authority to Reorganize. - In order to carry out the powers and functions set forth in this Decree, the Commission is hereby
authorized to reorganize the internal structure of the Commission subject to the approval of the President: Provided, however, That
this authority shall not extend beyond December 31, 1976.chanrobles virtual law library
Article VI. Responsibilities of Public Officers and Employees
Sec. 15. Duties of Public Officers. - Public office is a public trust. Public officers and employees shall serve with the highest degree of
responsibility, integrity, loyalty, and efficiency, and shall remain accountable to the people.chanrobles virtual law library
Article VII. Civil Service Assistance to Departments and Agencies.
Sec. 16. Each head of department, office, agency, government-owned or controlled corporation and local government shall have a
head for personnel administration in his office which shall be in accordance with the provision relating to civil service embodied in the
Constitution, this Decree and the rules, principles, standards, guidelines and regulations established by the Commission. Whenever it
deems it in the interest of the public service, the Civil Service Commission shall organize in each department, office, agency,
government-owned or controlled corporation, and provincial and city government, a Civil Service Staff which shall be headed by an
officer of the Commission. The necessary staff personnel and office facilities and equipment shall be provided by the department,
government-owned or controlled corporation or local government where the staff is established but the Commission may augment
34
these with its own. This shall serve as the principal liaison between the civil service and the Department concerned and shall perform
the following specific functions and those functions which may hereafter be assigned to it by the Commission:
1. Provide technical assistance in all aspects of personnel management;
2. Monitor and audit periodically the personnel practices and performance of the Department or agency concerned as well as those
of public officers and employees thereat;
3. Determine agency compliance with Civil Service Law and rules, and
4. In the performance of these functions, the staff shall welcome and receive from public any suggestions, observations and
complaints pertaining to the conduct of public officers and employees.chanrobles virtual law library
In the performance of their functions, the units so organized shall avail of the technical assistance and guidelines of the Civil Service
Commission.chanrobles virtual law library
Sec. 17. Council of Personnel Officers. - There is hereby created a Council of Personnel Officers to be composed of Chief personnel
officers of the different executive departments and agencies with the category of department that the Chairman of the Commission
shall elect for membership. Except for its Executive Officer who shall be designated by the Chairman from among the appropriate
officials in the Civil Service Commission, the council is authorized to elect such other officer from among its members and to fix its
own rules or procedures concerning attendance at meetings, approval of policy declaration, and other business matters. Provisions for
necessary facilities and clerical assistance for the Council shall be made in the annual budget of the Commission.chanrobles virtual
law library
The Council shall have the following functions:
a. Upon request of the Head of Department or the Commission, to offer advice in developing constructive policies, standards,
procedures, and programs as well as on matters relating to the improvement of personnel methods and to the solution of personnel
problems confronting the various departments and agencies of the government;
b. To promote among the departments and agencies, through study and discussion, uniform and consistent interpretation and
application of personnel policies; and
c. To serve as a clearing house of information and to stimulate the use of methods of personnel management that will contribute
most to good government.chanrobles virtual law library
Sec. 18. Inspection and Audit. - The Commission, through its designated representatives, shall conduct a periodic inspection and audit
of the personnel management program of each department, agency, province or City, in order to: (a) determine compliance with this
Decree, rules and standards; (b) review discharge of delegated authority; (c) make an adequate evaluation of the progress made and
problems encountered in the conduct of the merit system in the national and local governments including government-owned or
controlled corporations; (d) give advice and provide assistance in developing constructive policies, standards and procedures, and (e)
stimulate improvement in all areas of personnel management.chanrobles virtual law library
Periodic inspection and audit will include an appraisal of personnel management operations and activities relative to: (a) formulation
and issuance of personnel policy; (b) recruitment and selection of employees; (c) personnel action and employment status; (d) career
and employee development; (e) performance evaluation system; (f) employee suggestions and incentive award; (g) employee
relations and services; (h) discipline; (I) personnel records and reporting; and (j) program evaluation.chanrobles virtual law library
Article VIII. Personnel Policies and Standards
Sec. 19. Recruitment and Selection of Employees. - (1) Opportunity for government employment shall be open to all qualified citizens
and positive efforts shall be exerted to attract the best qualified to enter the service. Employees shall be selected on the basis of
fitness to perform the duties and assume the responsibilities of the positions.chanrobles virtual law library
(2) When a vacancy occurs in a position in the first level of the Career Service as defined in Section 7, the employees in the
department who occupy the next lower positions in the occupational group under which the vacant position is classified, and in other
functionally related occupational groups and who are competent, qualified and with the appropriate civil service eligibility shall be
considered for promotion.chanrobles virtual law library
1. When a vacancy occurs in a position in the second level of the Career Service as defined in Section 7, the employees in the
government service who occupy the next lower positions in the occupational group under which the vacant position is classified and
in other functionally related occupational groups and who are competent, qualified and with the appropriate civil service eligibility
shall be considered for promotion.chanrobles virtual law library
2. If the vacancy is not filled by promotion as provided herein the same shall be filled by transfer of present employees in the
government service, by reinstatement, by re-employment of persons separated through reduction in force, or by appointment of
persons with the civil service eligibility appropriate to the positions.chanrobles virtual law library
35
3. A qualified next-in-rank employee shall have the right to appeal initially to the department head and finally to the Office of the
President an appointment made (1) finally in favor of another next-in-rank employee who is not qualified, or (2) in favor of one who is
not next-in-rank, or (3) in favor of one who is appointed by transfer and not next-in-rank, or by reinstatement, or by original
appointment if the employee making the appeal is not satisfied with the written special reason or reasons given by the appointing
authority for such appointment: Provided, That final appeal shall be to the department head concerned if the appointment is issued to
a qualified next-in-rank employee. Before deciding a contested appointment, the Office of the President shall consult the Civil Service
Commission. For purposes of this Section, "qualified next-in-rank" refers to an employee appointed on a permanent basis to a position
previously determined to be next-in-rank to the vacancy proposed to be filled and who meets the requisites for appointment thereto
as previously determined by the appointing authority and approved by the Commission.chanrobles virtual law library
4. Qualification in an appropriate examination shall be required for appointment to positions in the first and second levels in the
career service in accordance with the Civil Service rules, except as otherwise provided in this Decree: Provided, That whenever there
is civil service eligible actually available for appointment, no person who is not such an eligible shall be appointed even in a
temporary capacity to any vacant position in the career service in the government or in any government-owned or controlled
corporation, except when the immediate filling of the vacancy is not permanent, in which cases temporary appointments of noneligibles may be made in the absence of eligibles actually and immediately available.chanrobles virtual law library
5. The appropriate examinations herein referred to shall be those given by the Commission and the different agencies: Provided,
however, That nothing herein shall affect eligibilities acquired prior to the effectivity of this Civil Service Law: Provided, further, That a
person with a civil service eligibility acquired by successfully passing an examination shall be qualified for a position requiring a lower
eligibility if he possesses the other requirements for appointment to such position.chanrobles virtual law library
6. Those who acquire civil service eligibility after the passage of the Integrated Reorganization Plan by the virtue of having passed
civil service examinations or their equivalents may avail of said eligibilities within a period not exceeding five years.chanrobles virtual
law library
Sec. 20. Qualification Standards. - (1) A qualification standard expresses the minimum requirements for a class of positions in terms
of education, training and experience, civil service eligibility, physical fitness, and other qualities required for successful performance.
The degree of qualifications of an officer or employee shall be determined by the appointing authority on the basis of the qualification
standard for the particular position.chanrobles virtual law library
Qualification standards shall be used as basis for civil service examinations for positions in the career service, as guides in
appointment and other personnel actions, in the adjudication of protested appointments, in determining training needs, and as aid in
the inspection and audit o the agencies' personnel work programs.chanrobles virtual law library
It shall be administered in such manner as to continually provide incentives to officers and employees towards professional growth
and foster the career system in the government service.chanrobles virtual law library
(2) The establishment, administration and maintenance of qualification standards shall be the responsibility of the department or
agency, with the assistance and approval of the Civil Service Commission and in consultation with the Wage and Position
Classification Office.chanrobles virtual law library
Sec. 21. Release of Examination Results. - The results of any particular civil service examination held in a number of places on the
same date shall be released simultaneously.chanrobles virtual law library
Sec. 22. Register of Eligibles. - The names of the competitors who pass an examination shall be entered in register of eligibles
arranged in the order of their general ratings and containing such information as the Commission may deem necessary.chanrobles
virtual law library
Sec. 23. Cultural Communities. - In line with the national policy to facilitate the integration of members of cultural communities and
accelerate the development of the areas occupied by them, the Commission shall give special civil service examinations to qualify
them for appointment in the civil service.chanrobles virtual law library
Sec. 24. Personnel Actions. - All appointments in the career service shall be made only according to merit and fitness, to be
determined as far as practicable by competitive examinations. A non-eligible shall not be appointed to any position in the civil service
whenever there is civil service eligible actually available for and ready to accept appointment.chanrobles virtual law library
As used in this Decree, any action denoting the movement or progress of personnel in the civil service shall be known as personnel
action. Such action shall include appointment through certification, promotion, transfer, reinstatement, re-employment, detail,
reassignment, demotion, and separation. All personnel actions shall be in accordance with such rules, standards, and regulations as
may be promulgated by the Commission.chanrobles virtual law library
a. Appointment through certification. - And appointment through certification to a position in the civil service, except as herein
otherwise provided, shall be issued to a person who has been selected from a list of qualified persons certified by the Commission
from an appropriate register of eligibles, and who meets all the other requirements of the position.chanrobles virtual law library
All such persons must serve a probationary period of six months following their original appointment and shall undergo a thorough
character investigation in order to acquire permanent civil service status. A probationer may be dropped from service status. A
probationer may be dropped from the service for unsatisfactory conduct or want of capacity any time before the expiration of the
probationary period: Provided, That such action as appealable to the Commission.chanrobles virtual law library
36
b. Promotion. - A promotion is a movement from one position to another with an increase in duties and responsibilities as authorized
by law and usually accompanied by an increase in pay. The movement may be from one department or agency to another, or from
one organizational unit to another in the same department or agency.chanrobles virtual law library
c. Transfer. - A transfer is a movement from one position to another which is of equivalent rank, level, or salary without break in
service involving the issuance of an appointment.chanrobles virtual law library
It shall not be considered disciplinary when made in the interest of public service, in which case, the employee concerned shall be
informed of the reasons therefor. If the employee believes that there is no justification for the transfer, he may appeal his case to the
The transfer may be from one department or agency to another or from one organizational unit to another in the same department or
agency: Provided, however, That any movement from the non-career service to the career service shall not be considered a
transfer.chanrobles virtual law library
d. Reinstatement. - Any person who has been permanently appointed to a position in the career service and who has, through no
delinquency or misconduct, been separated therefrom, may be reinstated to a position in the same level for which he is
qualified.chanrobles virtual law library
e. Reemployment. - Names of persons who have been appointed permanently to positions in the career service and who have been
separated as a result of reduction in force and/or reorganization, shall be entered in a list from which selection for reemployment shall
be made.chanrobles virtual law library
f. Detail. - A detail is the movement of an employee from one agency to another without the issuance of an appointment and shall be
allowed, only for a limited period in the case of employees occupying professional, technical and scientific positions. If the employee
believes that there is no justification for the detail, he may appeal his case to the Commission. Pending appeal, the decision to detail
the employee shall be executory unless otherwise ordered by the Commission.chanrobles virtual law library
g. Reassignment. - An employee may be reassigned from one organizational unit to another in the same agency: Provided, that such
reassignment shall not involve a reduction in rank, status or salary.chanrobles virtual law library
Sec. 25. Employment Status. - Appointment in the career service shall be permanent or temporary.chanrobles virtual law library
a. Permanent status. - A permanent appointment shall be issued to a person who meets all the requirements for the positions to
which he is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and
standards promulgated in pursuance thereof.chanrobles virtual law library
b. Temporary appointment. - In the absence of appropriate eligibles and it becomes necessary in the public interest to fill a vacancy,
a temporary appointment shall be issued to a person who meets all the requirements for the position to which he is being appointed
except the appropriate civil service eligibility: Provided, That such temporary appointment shall not exceed twelve months, but the
appointee may be replaced sooner if a qualified civil service eligible becomes available.chanrobles virtual law library
Sec. 26. Salary Increase or Adjustment. - Adjustments in salaries as a result of increase in pay levels or upgrading of positions which
do not involve a change in qualification requirements shall not require a new appointments except that copies of the salary
adjustment notices shall be submitted to the Commission for record purposes.chanrobles virtual law library
Sec. 27 Reduction in Force. - Whenever it becomes necessary because of lack of work or funds or due to a change in the scope or
nature of an agency's program, or as a result of reorganization, to reduce the staff of any department or agency, those in the same
group or class of positions in or more agencies within the particular department or agency wherein the reduction is to be effected,
shall be reasonably compared in terms of relative fitness, efficiency and length of service, and those found to be at least qualified for
the remaining positions shall be laid off.chanrobles virtual law library
Sec. 28. Career and Personnel Development. - The development and retention of a competent and efficient work force in the public
service is a primary concern of government. It shall be the policy of the government that a continuing program of career and
personnel development be established for all government employees at all levels. An integrated national plan for career and
personnel development shall serve as the basis for all career and personnel development activities in the government.chanrobles
virtual law library
Sec. 29. Career and Personnel Development Plans. - Each department or agency shall prepare a career and personnel development
plan which shall be integrated into a national plan by the Commission. Such career and personnel development plans which shall
include provisions on merit promotions, performance evaluation, in-service training grants, job rotation, suggestions and incentive
award systems, and such other provisions for employees' health, welfare, counseling recreation and similar services.chanrobles
virtual law library
Sec. 30. Merit Promotion Plans. - Each department or agency shall establish merit promotion plans which shall be administered in
accordance with the provisions of this Decree and the rules, regulations, and standards to be promulgated by the Commission. Such
plans shall include provisions for a definite screening process, which may include tests of fitness, in accordance with standards and
37
guidelines set by the Commission. Promotion Boards may be organized subject to criteria drawn by the Commission.chanrobles virtual
law library
Sec. 31. Performance Evaluation System. - There shall be established a performance evaluation system, which shall be administered
in accordance with rules, regulations and standards promulgated by the Commission for all officers and employees in the career
service. Such performance evaluation system shall be administered in such manner s to continually foster the improvement of
individual employee efficiency and organizational effectiveness.chanrobles virtual law library
Each department or agency may, after consultation with the Commission, establish and use one or more performance evaluation
plans appropriate to the various groups of positions in the department or agency concerned. No performance evaluation shall be
given, or used as a basis for personnel action, except under an approved performance evaluation plan: Provided, That each employee
shall be informed periodically by his supervisor of his performance evaluation.chanrobles virtual law library
Sec. 32. Responsibility for Training. - The Commission shall be responsible for the coordination and integration of a continuing
program of personnel development for all government personnel in the first and second levels.chanrobles virtual law library
Central staff agencies and specialized institutes shall conduct continuing centralized training for staff specialists from the different
agencies. However, in those cases where there is sufficient number of participants to warrant training at department or agency or
local government level, such central staff agencies and specialized institute shall render the necessary assistance, consultative
services.chanrobles virtual law library
To avoid duplication of effort and overlapping of training functions, the following functional responsibilities are assigned:
a. Public and private colleges and universities and similar institutions shall be encouraged to organize and carry out continuing
programs of executive development.chanrobles virtual law library
b. The Commission, the Commission on Audit, the Budget Commission, the General Services Administration, and other central staff
agencies shall conduct centralized training and assist in the training program of the Departments or agencies along their respective
functional areas of specialization.chanrobles virtual law library
c. In coordination with the Commission, the Department of Local Government and Community Development shall undertake local
government training programs.chanrobles virtual law library
d. In coordination with the Commission, each department or agency, province or city shall establish, maintain and promote a
systematic plan of action for personnel training at all levels in accordance with standards laid down by the Commission. It shall
maintain appropriate training staffs and make full use of available training facilities.chanrobles virtual law library
Whenever it deems it necessary, the Commission shall take the initiative in undertaking programs for personnel
development.chanrobles virtual law library
Sec. 33. Employee Suggestions and Incentive Award System. - There shall be established a government-wide employee suggestions
and incentive awards system which shall be administered under such rules, regulations, and standards as may be promulgated by the
In accordance with rules, regulations, and standards promulgated by the Commission, the President or the head of each department
or agency is authorized to incur whatever necessary expenses involved in the honorary recognition of subordinate officers and
employees of the government who by their suggestions, inventions, superior accomplishment, and other personal efforts contribute
to the efficiency, economy, or other improvement of government operations, or who perform such other extraordinary acts or
services in the public interest in connection with, or in relation to, their officials employment.chanrobles virtual law library
Sec. 34. Personnel Relations. - (a) It shall be the concern of the Commission to provide leadership and assistance in developing
employee relations programs in the departments or agencies.chanrobles virtual law library
(b) Every head of department or agency shall take all proper steps toward the creation of an atmosphere conducive to good
supervisor-employee relations and the improvement of employee morale.chanrobles virtual law library
Sec. 35. Complaints and Grievances. - Employees shall have the right to present their complaints or grievances to management and
have them adjudicated s expeditiously as possible in the best interest of the agency, the government as a whole, and the employee
concerned. Such complaint or grievances shall be resolved at the lowest possible level in the department or agency, as the case may
be, and the employee shall have the right to appeal such decision to higher authorities.chanrobles virtual law library
Each department or agency shall promulgate rules and regulation governing expeditious, fair, and equitable adjustment with the
policies enunciated by the Commission.chanrobles virtual law library
Article IX. Discipline
Sec. 36. Discipline: General Provisions. - (a) No officer or employee in the Civil Service shall be suspended or dismissed except for
cause as provided by law and after due process.chanrobles virtual law library
a. The following shall be grounds for disciplinary action:
38
1. Dishonesty;
2. Oppression;
3. Neglect of Duty;
4. Misconduct;
5. Disgraceful and immoral conduct;
6. Being notoriously undesirable;
7. Discourtesy in the course of official duties;
8. Inefficiency and incompetence in the performance of official duties;
9. Receiving for personal use of a fee, gift or other valuable thing in the course of official duties or in connection therewith when such
fee, gift, or other valuable thing is given by any person in the hope or expectation of receiving a favor or better treatment than that
accorded other persons, or committing acts punishable under the anti-graft laws;
10. Conviction of a crime involving moral turpitude;
11. Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school
children;
12. Violation of existing Civil Service Law and rules or reasonable office regulations;
13. Falsification of official document;
14. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized absences from duty during
regular office hours;
15. Habitual drunkenness;
16. Gambling prohibited by law;
17. Refusal to perform official duty or render overtime service;
18. Disgraceful, immoral or dishonest conduct prior to entering the service;
19. Physical or mental incapacity or disability due to immoral or vicious habits;
20. Borrowing money by superior officers from subordinates or lending by subordinates to superior officers;
21. Lending money at usurious rates of interest;
22. Willful failure to pay just debts or willful failure to pay taxes due to the government;
23. Contracting loans of money or other property from persons with whom the office of the employee concerned has business
relations;
24. Pursuit of private business, vocation or profession without the permission required by Civil Service rules and regulations;
25. Insubordination;
26. Engaging directly or indirectly in partisan political activities by one holding non-political office;
27. Conduct prejudicial to the best interest of the service;
28. Lobbying for personal interest or gain in legislative halls and offices without authority;
29. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and
even in the latter cases if there is no prior authority;
30. Nepotism as defined in Section 49 of this Decree.chanrobles virtual law library
b. Except when initiated by the disciplining authority, no complaint against a civil service official or employee shall be given due
course unless the same is in writing and subscribed and sworn to by the complainant.chanrobles virtual law library
c. In meting out punishment, the same penalties shall be imposed for similar offenses and only one penalty shall be imposed in each
case. The disciplining authority may impose the penalty of removal from the service, transfer, demotion in rank, suspension for not
more than one year without pay, fine in an amount not exceeding six months' salary, or reprimand.chanrobles virtual law library
Sec. 37. Disciplinary Jurisdiction. - (a) The Commission shall decide upon appeal all administrative cases involving the imposition of a
penalty of suspension for more than thirty days, or fine in an amount exceeding thirty days' salary, demotion in rank or salary or
transfer, removal or dismissal from office. A complaint may be filed directly with the Commission by a private citizen against a
government official or employee in which case it may hear and decide the case or it may deputize any department or agency or
official or group of officials to conduct the investigation. The results of the investigation shall be submitted to the Commission with
recommendation as to the penalty to be imposed or other action to be taken.chanrobles virtual law library
39
(b) The heads of departments, agencies and instrumentalities, provinces, cities and municipalities shall have jurisdiction to
investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. Their decisions
shall be final in case the penalty imposed is suspension for not more than thirty days or fine in an amount not exceeding thirty days'
salary. In case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed
to the department and finally to the Commission and pending appeal, the same shall be executory except when the penalty is
removal, in which case the same shall be executory only after confirmation by the department head.chanrobles virtual law library
(c) An investigation may be entrusted to regional director or similar officials who shall make the necessary report and
recommendation to the chief of bureau or office or department within the period specified in Paragraph d of the following
Section.chanrobles virtual law library
(d) An appeal shall not stop the decision from being executory, and in case the penalty is suspension or removal, the respondent
shall be considered as having been under preventive suspension during the pendency of the appeal in the event he wins an
appeal.chanrobles virtual law library
Sec. 38. Procedure in Administrative Cases Against Non-Presidential Appointees. - (a) Administrative proceedings may be commenced
against a subordinate officer or employee by the head of department or office of equivalent rank, or head of local government, or
chiefs of agencies, or regional directors, or upon sworn, written complaint of any other persons.chanrobles virtual law library
(b) In the case of a complaint filed by any other persons, the complaint shall submit sworn statements covering his testimony and
those of his witnesses together with his documentary evidence. If on the basis of such papers a prima facie case is found not to exist,
the disciplining authority shall dismiss the case. If a prima facie case exists, he shall notify the respondent in writing, of the charges
against the latter, to which shall be attached copies of the complaint, sworn statements and other documents submitted, and the
respondent shall be allowed not less than seventy-two hours after receipt of the complaint to answer the charges in writing under
oath, together with supporting sworn statements and documents, in which he shall indicate whether or not he elects a formal
investigation if his answer is not considered satisfactory, if the answer is found satisfactory, the disciplining authority shall dismiss the
case.chanrobles virtual law library
(c) Although a respondent does not request a formal investigation, one shall nevertheless be conducted when from the allegations of
the complaint and the answer of the respondent, including the supporting documents, the merits of the case cannot be decided
judiciously without conducting such an investigation.chanrobles virtual law library
(d) The investigation shall be held not earlier than five days nor later than ten days from the date of receipt of respondent's answer
by the disciplining authority, and shall be finished within thirty days from the filing of the charges, unless the period is extended by
the Commission in meritorious cases. The decision shall be rendered by the disciplining authority within thirty days from the
termination of the investigation or submission of the report of the investigator, which report shall be submitted within fifteen days
from the conclusion of the investigation.chanrobles virtual law library
(e) The direct evidence for the complainant and the respondent shall consist of the sworn statement and documents submitted in
support of the complaint or answer, as the case may be, without prejudice to the presentation of additional evidence deemed
necessary but was unavailable at the time of the filing of the complaint or answer, upon which the cross-examination, by respondent
and the complainant, respectively, shall be based. Following cross-examination, there may be redirect and recrossexamination.chanrobles virtual law library
(f) Either party may avail himself of the services of counsel and may require the attendance of witnesses and the production of
documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum.
(g) The investigation shall be conducted only for the purpose of ascertaining the truth and without necessarily adhering to technical
rules applicable in judicial proceedings. It shall be conducted by the disciplining authority concerned or his authorized
representative.chanrobles virtual law library
The phrase "any other party" shall be understood to be a complainant other than those referred to in subsection (a) hereof.chanrobles
virtual law library
Sec. 39. Appeals. - (a) Appeals, where allowable, shall be made by the party adversely affected by the decision within fifteen days
from receipt of the decision unless a petition shall be decided within fifteen days. Notice of the appeal shall be filed with the
disciplining office, which shall forward the records of the case, together with the notice of appeal, with its comment, if any. The notice
of appeal shall specifically state the date of the decision appealed from and the date of receipt thereof. It shall also specifically set
forth clearly the grounds relied upon for excepting from the decision.chanrobles virtual law library
40
(b) A petition for reconsideration shall be based only on any of the following grounds: (1) new evidence has been discovered which
materially affects the decision rendered; (2) the decision is not supported by the evidence on record; or (3) errors of law or
irregularities have been committed prejudicial to the interest of the respondent: Provided, That only one petition for reconsideration
shall be entertained.chanrobles virtual law library
Sec. 40. Summary Proceedings. - No formal investigation is necessary and the respondent may be immediately removed or dismissed
if any of the following circumstances is present:
a. When the charge is serious and the evidence of guilt is strong.chanrobles virtual law library
b. When the respondent is a recidivist or has been repeatedly charged and there is reasonable ground to believe that he is guilty of
the present charge.chanrobles virtual law library
c. When the respondent is notoriously undesirable.chanrobles virtual law library

Resort to summary proceedings by disciplining authority shall be done with utmost objectivity and impartiality to the end that no
injustice is committed: Provided, That removal or dismissal except those by the President, himself, or upon his order, may be
appealed to the Commission.chanrobles virtual law library
Sec. 41. Preventive Suspension. - The proper disciplining authority may preventively suspend any subordinate officer or employee
under his authority pending an investigation, if the charge against such officer or employee involves dishonesty, oppression or grave
misconduct, or neglect in the performance of duty, or if there are reasons to believe that the respondent is guilty of charges which
would warrant his removal from the service.chanrobles virtual law library
Sec. 42. Lifting of Preventive Suspension Pending Administrative Investigation. - When the administrative case against the officer or
employee under preventive suspension is not finally decided by the disciplining authority within the period of ninety (90) days after
the date of suspension of the respondent who is not a presidential appointee, the respondent shall be automatically reinstated in the
service: Provided, That when the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the
period of delay shall not be counted in computing the period of suspension herein provided.chanrobles virtual law library
Sec. 43. Removal of Administrative Penalties or Disabilities. - In meritorious cases and upon recommendation of the Commission, the
President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases,
subject to such terms and conditions as he may impose in the interest of the service.chanrobles virtual law library
Article X. Limitation on Appointment.
Section 44. Limitation on Appointment. - (1) No elective official shall be eligible for appointment to any office or position during his
term of office.chanrobles virtual law library
(2) No candidate who lost in an election shall be eligible for appointment to any office in the government, or in any governmentowned or controlled corporation within one year following such election.chanrobles virtual law library
Sec. 45. Political Activity. - No officer or employee in the Civil Service including members of Armed Forces, shall engage directly or
indirectly in any partisan political activity or take part in any election except to vote nor shall he use his official authority or influence
to coerce the political activity of any other person or body. Nothing herein provided shall be understood to prevent any officer or
employee from expressing his views on current political problems or issues, or from mentioning the names of candidates for public
office whom he supports: Provided, that public officers and employees holding political offices may take part in political and electoral
activities but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving
subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code.chanrobles virtual law library
Sec. 46. Additional or Double Compensation. - No elective or appointive public officer or employee shall receive additional or double
compensation unless specifically authorized by law nor accept without the consent of the President, any present, emolument, office,
or title of any kind from any foreign state.chanrobles virtual law library
Sec. 47. Limitation on Employment of Laborers. - Laborers, whether skilled, semi-skilled or unskilled, shall not be assigned to perform
clerical duties.chanrobles virtual law library
Sec. 48. Prohibition on Detail or Reassignment. - No detail or reassignment whatever shall be made within three (3) months before
any election.chanrobles virtual law library
Sec. 49. Nepotism. - (a) All appointments in 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
hereby prohibited.chanrobles virtual law library
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.chanrobles virtual law library
(b) The following are exempted from the operation of the rules on nepotism: (1) persons employed in a confidential capacity, (2)
teachers, (3) physicians, and (4) 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.chanrobles virtual law library
41
The restriction mentioned is subsection (a) shall not be applicable to the case of a member of any family who, after his or her
appointment to any position in an office or bureau, in which event the employment or retention therein of both husband and wife may
be allowed.chanrobles virtual law library
(c) In order to give immediate effect to these provisions, cases of previous appointments which are in contravention hereof shall be
corrected by transfer, and pending such transfer, no promotion or salary increase shall be allowed in favor of the relative or relatives
who were appointed in violation of these provisions.chanrobles virtual law library
Article XI. Examining Committee, Special Examiners and Special Investigators.
Sec. 50. Examining Committee, Special Examiners and Special Investigators. - Subject to approval by the proper head of department
or agency, the Commission may select suitable persons in the government service to act as members of examining committees,
special examiners or special investigators. Such person shall be designated examiners or investigators of the Commission shall
perform such duties as the Commission may require, and in the performance of such duties they shall be under its exclusive control.
Examining committees, special examiners or special investigators so designated may be given allowances or per diems for their
services, to be paid out of the funds of, and at a rate to be determined by, the Commission.chanrobles virtual law library
Sec. 51. Fees. - The Commission shall collect and charge fees for civil service examinations, certifications of civil service ratings,
service records, and other civil service matters, training courses, seminars, workshops in personnel management and other civil
service matters.chanrobles virtual law library
For this purpose, the Commission shall prescribed standard and reasonable rates for such examinations, certifications, training
courses, seminars, and workshops: Provided, That the fees so collected in training courses, seminars and workshops, shall be used
exclusively for training activities of the Commission: Provided, further, That no examination fees shall be collected in examinations
given for the selection of scholars.chanrobles virtual law library
Sec. 52. Authority of Officers to Administer Oaths, Take Testimony, Prosecute and Defend Cases in Court. - Members of the
Commission, chiefs of offices, and other officers and employees of the Commission designated in writing by the Chairman may
administer such oath as may be necessary in the transactions of official business and administer oaths and take testimony in
connection with any authorized investigation. Attorneys of the Commission may prosecute and defend cases in connection with the
functions of the Commission before any court or tribunal.chanrobles virtual law library
Sec. 53. Liability of Appointing Authority. - No person employed in the Civil Service in violation of the Civil Service Law and rules shall
be entitled to receive pay from the government; but the appointing authority responsible for such unlawful employment shall be
personally liable for the pay that would have accrued had the employment been lawful, and the disbursing officials shall make
payment to the employee of such amount from salary of the officers so liable.chanrobles virtual law library
Sec. 54. Liability of Disbursing Officers. - Except as may otherwise be provided by law, it shall be unlawful for a treasurer or other
fiscal officer to draw or retain from the salary due an officer or employee any amount for contribution or payment of obligations other
than those due the government or its instrumentalities.chanrobles virtual law library
Sec. 55. Penal Provisions. - Whoever makes any appointment or employs any person in violation of any provision of this Decree or the
rules made thereunder or whoever commits fraud, deceit or intentional misrepresentation of material facts concerning other civil
service matters, or whoever violates, refuses or neglects to comply with any of such provisions or rules, shall upon conviction be
punished by a fine not exceeding one thousand pesos or by imprisonment not exceeding six (6) months, or both such fine and
imprisonment in the discretion of the court.chanrobles virtual law library
Article XII. Government-owned or Controlled Corporations Personnel.
Sec. 56. Government-owned or Controlled Corporations Personnel. - All permanent personnel of government-owned or controlled
corporations whose positions are now embraced in the civil service shall continue in the service until they have been given a chance
to qualify in an appropriate examination, but in the meantime, those who do not posses the appropriate civil service eligibility shall
not be promoted until they qualify in an appropriate civil service examination. Services of temporary personnel may be terminated
any time.chanrobles virtual law library
Sec. 57. Authority to Use Appropriations. - The Commission is hereby authorized to use such sums appropriate d in Presidential
Decree No. 733 and balances of existing certifications to accounts payable including prior years which have not yet been reverted to
the unappropriated surplus, as are necessary to carry out the provisions of this Decree. Henceforth, appropriations to cover the
salaries of officials and employees of the Civil Service Commission and its maintenance and operational expenses shall be included in
the annual General Appropriations Decree.chanrobles virtual law library
Sec. 58. Vested Rights. - Except as otherwise provided in this Decree, rights vested or acquired under the provisions of the old Civil
Service Law, rules and regulations and any other Acts prior to the effectivity of this Decree shall be respected.chanrobles virtual law
library
Sec. 59. Repealing Clause. - All laws, rules and regulations or parts thereof inconsistent with the provisions of this Decree are hereby
repealed or modified accordingly.chanrobles virtual law library
Sec. 60. Separability of Provisions. - If any part, section or provision of this Decree shall be held invalid or unconstitutional, no other
part, section or provision thereof shall be affected thereby.chanrobles virtual law library
Sec. 61. Effectivity. - This Decree shall form part of the law of the land and shall take effect immediately.chanrobles virtual law library
Done in the City of Manila, this 6th day of October, in the year of Our Lord, nineteen hundred and seventy-five.chanrobles virtual law
library5696
42

NEPOTISM

Enviado por

Dados do documento

Descrição original:

Título original

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

NEPOTISM

Enviado por

Direitos autorais:

Formatos disponíveis

1

REPUBLIC ACT No. 2260

The Lawphil Project - Arellano Law Foundation

G.R. Nos. 174730-37

G.R. Nos. 174845-52

PEOPLE OF THE PHILIPPINES,

The facts are as follows:

Criminal Case No. 26181

Criminal Case No. 26182

Criminal Case No. 26184

Criminal Case No. 26185

Criminal Case No. 26186

Criminal Case No. 26187

. . . IT HELD THAT THE SUBJECT DOCUMENTARY EVIDENCE CONTAINED UNTRUTHFUL STATEMENTS IN A

After a thorough review, we find the petitions unmeritorious.

The elements of falsification in the above provision are as follows:

Falsification of Public Document

The question of whether or not persons are related to each other by

By withholding information on his

Since Ong was

Relevant then is our pronouncement in Dacoycoy:

With costs against the petitioners.

[G.R. No. 135805. April 29, 1999]

G.R. No. 111471 September 26, 1994

Perform other related tasks as directed by the higher authority.

Dr. Camarao will remain as a core faculty of the College of Science.

Enabling the Constitutional Prohibition on Political Dynasty

Republic Act 6735, specifically provides:

This page features the full text of

PRESIDENTIAL DECREE NO. 807

Sec. 3. As used in this Decree, the following shall be construed thus:

d. "Commission" refers to the Civil Service Commission.chanrobles virtual law library

e. "Chairman" refers to the Chairman of the Commission

7. Permanent laborers, whether skilled, semi-skilled, or unskilled.chanrobles virtual law library

5. Emergency and seasonal personnel.chanrobles virtual law library

5. Submit the annual and supplemental budgets of the Commission; and

b. Conduct recruitment and examination for government-wide position in the region;

c. When the respondent is notoriously undesirable.chanrobles virtual law library

Você também pode gostar