Prohibitions on Appointments in the Civil Service
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This document outlines various rules regarding appointments and positions in the government of the Philippines, including prohibitions on: holding multiple government positions simultaneously; elective officials taking on additional roles; nepotism; political activities by government employees; transferring between oversight and overseen agencies; and more. It provides exceptions for some of these rules and defines degrees of relationships for nepotism.
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Prohibitions on Appointments in the Civil Service
- 1. 1
- 2. 2
- 3. Appointive Officials Holding multiple government and compensation positions in the receiving double 3
- 4. Exception Unless otherwise allowed by law or By the primary functions of his position 4
- 5. Elective Officials not eligible for appointment in any capacity to any public office or position during his tenure. 5
- 6. Elective and Appointive Public Officer/Employee Additional, double compensation or indirect Acceptance of any present emolument, office or title of any kind from any foreign government without the consent of Congress 6
- 7. Exception Specifically authorized by law 7
- 8. One Year Ban on Appointment a person who lost in an election Except barangay election 8
- 9. Filing of Certificate of Candidacy Employee is considered resigned Even if later on disqualified or has withdrawn 9
- 10. Six-month ban on reemployment Employee who resigned during the 3month period before any election Purpose – to promote the candidacy of another 10
- 11. Ban on Detail or Reassignment within 3 moths before any election Exception- with permission/authority from the COMELEC 11
- 12. Engaging Directly or Indirectly in Partisan Political Activity To promote the candidacy of another To promote the defeat of a candidate 12
- 13. Engaging Directly or Indirectly in Partisan Political Activity Exceptions To vote To express views on current political problems or issues To mention names of candidates for public office whom he supports 13
- 14. Nepotism appointment of relative in the national/local government, SUCs, GOCCs with original charter, any branch of the government. 14
- 15. National Government Third degree affinity of 15 consanguinity or
- 16. National Government Appointing Recommending Chief of Bureau or office Person exercising immediate supervision over the appointee 16
- 17. Local Government Fourth civil degree of consanguinity or affinity 17
- 18. Local Government appointing or recommending authority 18
- 19. Exempt from Nepotism Persons employed capacity Teachers 19 in a confidential
- 20. Exempt from Nepotism Physicians Members of the AFP 20
- 21. DIRECTIONS FOR COUNTING DEGREES IN RELATIONSHIPS By Consanguinity Relationship with Father/Mother Father/ Mother Relationship with Grandfather/Grandmother Relationship with Brothers/Sisters GrandFather/ GrandMother Father/ Mother 2nd Degree 1st Degree 1st Degree Father/ Mother LEGEND: 2nd Degree 1st Degree Brother/ Sister = Appointee = Appointing Authority 21
- 22. DIRECTIONS FOR COUNTING DEGREES IN RELATIONSHIPS (Vice-Versa) By Consanguinity Relationship with Uncle/Aunt GrandFather/ GrandMother 2nd Degree Relationship with Cousins GrandFather/ GrandMother 3rd Degree 2nd Degree Uncle/ Aunt Father/ Mother Father/ Mother 1st Degree 1st Degree LEGEND: = Appointee = Appointing Authority 3rd Degree Uncle/ Aunt 4th Degree Cousin 22
- 23. DIRECTIONS FOR COUNTING DEGREES IN RELATIONSHIPS By Affinity LEGEND: = Appointee = Appointing Authority Relationship with Grandfather/Grandmother –in-law Relationship with Father/Mother –in-law Father/ Mother – in-law Relationship with Brothers/Sisters –in-law GrandFather/ GrandMother – in-law 1st Degree Father/ Mother – in-law 2nd Degree 1st Degree Father/ Mother – in-law Spouse 2nd Degree 0 Degree 1st Degree Spouse Spouse 0 Degree 0 Degree Brother/ Sister – in-law 23
- 24. DIRECTIONS FOR COUNTING DEGREES IN RELATIONSHIPS By Affinity LEGEND: = Appointee = Appointing Authority Relationship with Uncle/Aunt –in-law Relationship with Cousins –in-law GrandFather/ GrandMother– in-law GrandFather/ GrandMother– in-law 3rd Degree 2nd 2nd Degree Degree Father/ Mother – in-law Uncle/ Aunt–inlaw Father/ Mother– in-law 1st Degree Spouse 0 Degree 3rd Degree 1st Degree Spouse 0 Degree Uncle/ Aunt–inlaw 4th Degree Cousin 24
- 25. DEGREES OF RELATIONSHIPS FOR PURPOSES OF DETERMINING NEPOTIC APPOINTMENTS 4th degree Great Uncle/Aunt 3rd degree Uncle/Aunt 4th degree First cousin 2nd degree Brother/ Sister 3rd degree BY CONSANGUINITY Nephew/ Niece 4th degree Grand Nephew/ Niece 4th degree 4th degree Great- Grand Father/ Mother –inlaw Great-Grand Father/ Mother 3rd degree 3rd degree Grand Father/ Mother -in-law Grand Father/ Mother 2nd degree 2nd degree Father/ Mother –in-law Father/ Mother 1st degree 1st degree Son/ Daughter 2nd degree Grand Son/Daugthe r 3rd degree NOTE: The appointing authority can be any person in the circles. In counting the degree of relationship, start counting from the appointee () following the line connecting. Great-GreatGrand Father/ Mother –inlaw Great-GreatGrand Father/ Mother Great-Grand Son/Daugthe r 4th degree Great-GreatGrand Son/Daugthe r 0 degree 1st degree Spouse 4th degree Great Uncle/Aunt -in-law 3rd degree Uncle/Aunt -in-law 4th degree 2nd degree Brother/ Sister-in-law First Cousin -in -law 3rd degree Nephew/ Niece-in-law BY AFFINITY 4th degree Grand Nephew/Niec e -in-law Note: Only up to 3rd degree of relationship is prohibited by law for appointment in the NGA. Thus, cousins can be appointed (Sec. 59, Title I (A), Book V, E.O. 292) Head of Office and Immediate Supervisor is not applicable to LGU but nepotic appointment extends up to the 4th degree of relationship (Cousins). (Sec. 79, Title II, Book 25 I, R.A. 7160)
- 26. Appointment Accepted by the Appointee cannot be withdrawn or revoked by the appointing authority 26
- 27. Dismissed Employees cannot be reemployed or appointed in the government service EXCEPT those granted executive clemency 27
- 28. Employees who have reached the Compulsory Retirement Age of 65 Cannot be appointed to any position in the government 28
- 29. Employees who have reached the Compulsory Retirement Age of 65 EXCEPTION To a coterminous/primarily confidential position in the government 29
- 30. Employees who have reached the Compulsory Retirement Age of 65 In meritorious cases May be extended for six (6) months 30
- 31. Employees who have reached the Compulsory Retirement Age of 65 Those who will complete the 15-year requirement under the GSIS law may be extended for a maximum period of one (1) year. 31
- 32. One-Year Ban on Transfer Heads of oversight agencies and staff To agency which his/her unit is assigned or designated to oversee within one year after the termination of such assignment or designation 32
- 33. Exception Unless allowed by the Commission on meritorious cases 33
- 34. Employees in the NonCareer Service shall not perform the duties belonging to any position in the career service 34
- 35. Consultant, Contractual/NonCareer employees cannot be designated to position exercising control or supervision over regular and career personnel 35
- 36. Private Practice of Profession Written permission from the head of agency Time devoted outside of office hours should be fixed by the head of agency 36
- 37. Employees on Study Leave or on Secondment shall not be considered for promotion during the period of study leave or secondment 37
- 38. MC No. 3, s. 2001 an employee who is on local or foreign scholarship or training grant or on maternity leave may be considered for promotion. 38
- 39. MC No. 3, s. 2001 Performance rating to be considered shall be the rating immediately prior to the scholarship or training grant or maternity leave. 39
- 40. MC No. 3, s. 2001 If promoted, the effectivity date of the promotional appointment shall be on the assumption to duty. 40
Editor's Notes
- Sec. 1. No appointive official shall hold any other office or employment in the government unless otherwise allowed by law or by the primary functions of his position.
- Sec. 2. No elective official shall be eligible for appointment in any capacity to any public office or position during his tenure.
- Sec. 3. No elective or appointive public officer or employee shall receive additional, double or indirect compensation, unless specifically authorized by law, nor accept without the consent of Congress, any present, emolument, office or title of any kind from any foreign government.Pensions and gratuities shall not be considered as additional, double or indirect compensation.
- Sec. 4. A person who lost in an election (except Barangay election) shall not be eligible for appointment or reemployment to any office in the government or government-owned or controlled corporation within one year following such election.
- Sec. 5. An employee who files a certificate of candidacy, even if later on disqualified or has withdrawn, is still considered resigned.
- Sec. 6. An employee who resigned from the government service during the three (3) month period before any election to promote the candidacy of another shall not be reemployed during the six-month period following such election.
- Sec. 7. No detail or reassignment shall be made within three (3) months before any election unless with permission of the the COMELEC.
- Sec. 8. No officer or employee in the civil service including members of the 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 from expressing his views on current political problems or issues, or from mentioning the names of the candidates for public office whom he supports. Provided, that public officers and employees holding political offices may take part in political or electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts prohibited in the Election Code.
- Sec. 9. No appointment in the national, provincial, city or municipal government or any branch or instrumentality thereof, including government-owned or controlled corporations with original charter shall be made in favor of a relative of the appointing authority or recommending authority, or the chief of the bureau or office or 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 of affinity. In the local government service, the prohibition extends to the relatives of the appointing or recommending authority, within the fourth civil degree of consanguinity or 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. The nepotism rule covers all kinds of appointments whether original, promotional, transfer and reemployment regardless of status including casuals and contractuals except consultants.
- Sec. 10. The appointing authority shall not withdraw or revoke an appointment already accepted by the appointee. Such appointment shall remain in force and effect until disapproved by the Commission. However, in case an appointment is void from the beginning due to fraud of the appointee or because it was issued in violation of law, the proper appointing authority may request the Commission for its withdrawal or revocation.
- Sec. 11. No person who has been dismissed or perpetually excluded/disqualified from the government service shall be appointed or reemployed unless he has been granted executive clemency.
- Sec. 12.* No person who has reached compulsory retirement age of 65 can be appointed to any position in the government, subject only to the exception provided under sub-section (b) hereof. However, in meritorious cases, the Commission may allow the extension of service of a person who has reached the compulsory retirement age of 65 years, for a period of six (6) months only unless otherwise stated. Provided, that, such extension may be for a maximum period of one (1) year for one who will complete the fifteen (15) years of service required under the GSIS Law.X x xA person who has already reached the compulsory retirement age of 65 can still be appointed to a coterminous/primarily confidential position in the government. A person appointed to a coterminous/primarily confidential position who reaches the age of 65 is considered automatically extended in the service until the expiry date of his/her appointment or until his/her services are earlier terminated.* As amended by CSC Resolution No. 01-1624 published on October 26, 2001 in Today.
- Sec. 13. Unless allowed by the Commission in meritorious cases, heads of oversight agencies and their staff are prohibited from transferring or being appointed to any position in the department/agency/office/local government unit which his unit is assigned or designated to oversee within one year after the termination of such assignment or designation.
- Sec. 14. No person appointed to a position in the non-career service shall perform the duties properly belonging to any position in the career service.
- Sec. 15. No consultant, contractual, or non-career employee shall be designated to position exercising control or supervision over regular and career personnel.
- Sec. 18. (as amended by MC No. 15, s. 1999) Unless otherwise provided by law, no officer or employee shall engage directly or indirectly in any private business or profession without a written permission from the head of agency. Provided that this prohibition will be absolute in the case of those officers and employees whose duties and responsibilities require that their entire time be at the disposal of the government: Provided further, that if an employee is granted permission to engage in outside activities, the time devoted outside of office hours should be fixed by the head of agency so that it will not impair in any way the efficiency of the officer or the employee nor pose a conflict or tend to conflict with the official functions.
- Sec. 19