July 5, 2017

EDDARD STARK
Schools Division Superintendent

Re: Request for Clarification and Guidance on

whether nepotism applies in the Appointment of
Personnel

DEAR SIR:

This pertains to your letter dated seeking clarification and guidance on whether
the ban against Nepotism applies in the Appointment of Personnel which involves
husband and wife who are applicants to two different positions under the Schools
Governance and Operations Division.

In the letter, you were inquiring whether or not Nepotism applies in such
situation wherein you would like to appoint Catelyn Stark to Senior Education Program
Specialist, who will be under the immediate supervision of her husband Eddard Stark,
who was appointed as Chief Education Supervisor of Schools Governance and
Operations Division.

Pursuant to Sec. 59 of EO 292 or The Administrative Code:

“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.”

In the case of CSC vs. Dacoycoy, GR. No. G.R. No. 135805. April 29, 1999, the
Court held that:

“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.”

However, it is worthy to note that under the third paragraph of Sec. 59 (2) of the
Administrative Code, the following are exempted from 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.

Sec. 2 of RA 4670 or the MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS,

defines the term “teacher” as:

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.

If Catelyn Stark would be appointed to the position of Senior Education

Programs Specialist, a violation of the ban against nepotism under EO 292 will be
committed since being his spouse, she is a relative up to the third degree of affinity of
her immediate supervisor, Eddard Stark.

However, since SEPS is a teaching-related position, it can be considered as a

“teaching position” under Sec.2 of RA 4670 where teachers are likewise defined as all
other persons performing supervisory and/or administrative functions in all schools,
etc., exempting it from the operation of the law on Nepotism, based on Sec. 59 (2) of EO
292.

Hence, pursuant to the foregoing provisions of law and jurisprudence, the

Division is of the view that there is no hindrance in the appointment of Catelyn Stark
as SEPS, since the position is exempted from the rules against Nepotism.

We hope this clarifies the matter.

Very truly yours,