UNDYING ISSUES OF NEPOTISM IN THE PHILIPPINES

Thesis Statement: Proper Selection of employees affects the organization’s objectives, goals,

plans and purpose towards its growth, development and stability because of the unfair hired of the

authority because of the nepotism and sometimes political interest.

Introduction

The Continued growth and stability of the organization depend upon the quality and

adequacy of its human resource (Andres, 1991). It can also be said that the quality of the

government service is determined, to a large extent, by the quality of its personnel. It is an

indication that the process and procedures in Recruiting and Selecting employees must be done in

a firm manner to safeguard the quality of services that they may rendered in the future. As a support

and solidification to the kind of services that employees expected to do, Civil Service Commission

(CSC) set a rules, regulations and guidelines in terms of granting appointment to a certain

employees.

Republic act No. 2260, It is an act to amend and revise the laws relative to Philippine civil

service, 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.(http://www.CSC.html)

On the other hand, there are a lot of issues and problems rises in hiring employees

specifically in our country, very common and known issues in this field was the so called

“Nepotism/Palakasan/ Padrino system”, it was also the reason why there are thousands of

graduates who are competitive, qualified, skillful and graduate with flying colors but still

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unemployed, but yet others were absurd because they are given much attention and favor by their

employer tend to be their “kamag-anak” even they were not capable nor suitable in doing the

responsibilities lies across in the position vested to them. This scenario was part of the bad phases

of our Government. It entails that the “Fair and equality system” we all wanted were now neglected

by some superior and prominent persons. As a result some of our Government Own Control

Corporations (GOCCs) here in the Philippines was being monopoly, performing low quality of

service, inefficient and ineffective overall it was not functioning well because on the kinds of

people working therein.

Thus, this paper theoretically presents the Nature and concept of Nepotism, in the

Philippines including the implication cite by many advocates plus the other country rules that

mandated that exercise of nepotism in some extent are punishable by law. In fact there were a lot

of advocates stopping this kind of matters one of them name Toni-Umali, when he write an essay

regarding nepotism that says “nepotism is very critical to all Philippine government officials, as it

is an inherent trait of Filipinos to take care of their kamag-anak first, like in the appointment or

designation of officials or employees in the government service” he also points out that nepotism

is a form of corruption where in fact according to the Book V of the Administrative code of 1987,

section 59 states that “All appointments in the national, provincial, city and municipal governments

or any branch or instrumentality thereof, including government-owned or controlled corporations,

made in favor of a relative of the appointing or recommending authority or the chief of the bureau

or office, or of the persons exercising immediate supervision over him, are hereby prohibited.”

But on the other hand in every rule there were always an “Exemption” in the case of nepotism, the

same provisions state that 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)

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members of the Armed Forces of the Philippines.” The law, however, requires that if the

appointment falls under the exceptions on the law on nepotism, a full report of such appointment

shall be made to the Civil Service Commission”.

Moreover, analytically speaking those organizations that practiced this kind of corruptions

which violates the rules basically they are underestimating the value and importance of proper

selection of human resource that is why, poor management and low quality of service always

enclosed in this type of organization. Some of the data/information gathered in this paper was from

“books”, Encarta dictionary and also with the use of internet/ websites as one of the reference.

I. Nature and Concept of Nepotism

A. Meaning and Definitions of Nepotism.

According to http://www.Nepotism.html, Nepotism describes a variety of practices related

to favoritism; it can mean simply hiring one's own family members, or it can mean hiring and

advancing unqualified or under qualified family members based simply on the familial

relationship. The word nepotism stems from the Latin word for nephew, especially the "nephews"

of the prelates in medieval times. While attitudes toward nepotism vary according to cultural

background, nepotism is a sensitive issue in American business. Many companies and individuals

consider the practice to be unethical, largely due to its conflict with traditional American values of

self-reliance and fairness.

In Western societies nepotism raises legal concerns. Although U.S. laws do not specifically

prohibit hiring one's relatives, studies show that between 10 and 40 percent of U.S. companies

maintain formal policies prohibiting such a practice. Many of these anti-nepotism rules were

instituted in the 1950s with the aim of preventing the hiring of incompetent male relatives of male

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employees. In the 1960s and 1970s the same rules applied but failed to reflect the change in the

workforce as more women entered the job market; females were often the victims of these rules,

however, and many were forced to quit.

Other definitions from Microsoft® Encarta® 2009, that nepotism relatively form of

favoritism shown to relatives; Favoritism shown by somebody in power to relatives and friends,

especially in appointing them to good position. As define by the business dictionary, Nepotism Is

the practice of appointing relatives and friend in one’s organization to position for which outsiders

might be better qualified.

In addition Nepotism were relatively compare to Cronyism and Favoritism that is why the

same website gives a clear definition of these three (3) terms which says that; favoritism is the

broadest of these related terms, we'll start with its definition. Basically favoritism is just what it

sounds like; it's favoring a person not because he or she is doing the best job but rather because of

some extraneous feature-membership in a favored group, personal likes and dislikes, etc.

Favoritism can be demonstrated in hiring, honoring, or awarding contracts. A related idea is

patronage, giving public service jobs to those who may have helped elect the person who has the

power of appointment.

Favoritism has always been a complaint in government service. In 2002, a survey from the

federal government's Office of Personnel Management found that only 36.1 percent of federal

workers thought promotions in their work units were based on merit. (Government Executive

Magazine, "Playing Favorites," by Brian Friel, October 2004). They believed that connections,

partisanship, and other factors played a role.

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 Cronyism is a more specific form of favoritism, referring to partiality towards friends and

associates. As the old saying goes, "It's not what you know but who you know," or, as blogger

Danny Ferguson put it, "It's not what you don't know; it's who your college roommate knows."

Cronyism occurs within a network of insiders-the "good all' boys," who confer favors on one

another.

Nepotism is an even narrower form of favoritism. Coming from the Italian word for

nephew, it covers favoritism to members of the family. Both nepotism and cronyism are often at

work when political parties recruit candidates for public office.

B. The Advantage and Disadvantage of Nepotism in USA views

According to http://www.Nepotism.html, the advantage of the nepotism goes like this; If

practiced fairly (itself a contentious term in this regard), nepotism can be a true asset, Sharon

Nelton suggests, citing the example of Thomas Publishing Company. In 1998 there were seven

third- and fourth-generation family members working for the company. The third-generation

president, Tom Knudson, encouraged nepotism among their independent sales contractors because

he believed it resulted in high performance, stability, and long-term commitment.

Chad Kaydo also writes that nepotism may be viable. For example, a top salesperson's

relative may have many of the same qualities that make the representative successful. Recruiting

family members can therefore boost both performance as well as retention. For instance, one senior

contractor began working for Thomas in 1940. By 1998 his wife and three of his adult children

(two daughters and a son) all worked for the company. The son encountered a challenge when

calling on a client at odds with the senior contractor. He easily and politely diffused the situation

using the diplomacy techniques he had gleaned from his father, the very senior contractor the client

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disliked, and gained a larger-than-usual sale. In the 2000s the tide in business seemed to be turning

toward policies that encouraged hiring qualified relatives and spouses, with idea that good people

tend to associate with good people. Jacquelyn Lynn noted that such policies can promote employee

satisfaction by aiding individual efforts to balance professional and personal lives. Hiring family

members can also provide benefits to companies, for example by reducing their health insurance

costs.

On the other hand, the Disadvantage of nepotism lies on the disasters brought by it, Lines

Brothers in Britain, once a highly successful maker of Triang toys, was rendered worthless in a

just a few years by its second generation of leadership. Yale Express, a U.S. delivery company,

was bankrupt within five years of the second generation assuming the presidency. The Great

Atlantic and Pacific Tea Company (A&P) was once the largest supermarket chain in the United

States, but went bankrupt under its heir.

Linda Wong and Brian Kleiner suggest that trouble arises most often when family and

business needs conflict. A family's purpose is to care for and nurture family members; a business

must produce quality goods and/or services as efficiently and as profitably as possible. If a

company hires or promotes an incompetent family member, other employees may see this is a

gross injustice and many complications may result. More directly, the unqualified heir may simply

instill policies that drive the company into the ground.

Nepotism can also publicize family disagreements and prejudices to those within the

company. It may even cause a company to lose valued executives and make it very difficult to

attract and retain high-quality newcomers.

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 C. Is Nepotism a form of corruption?

Is really nepotism considered a corruption? By defining the meaning of corruption we can

arrive a good answer on this, basically corruption means, it is a form of dishonesty, another

definition is essentially the use of public power for private gain, it is most likely being bad and

dishonest, especially in matters concerning money. It creates a very big impact to the country’s

education, occupation, life style and mostly the humanity, this definition is from the handouts of

Ms. Norhanei Imam Mamadra PA 202 class.

The main key term there is the word “Dishonesty’, so essentially when you are appointing

someone who was not qualified you are practicing dishonesty, simply means corruption is there.

Moreover, the Forms of corruption vary, but include bribery, extortion, cronyism,

nepotism, parochialism, patronage, influence peddling, graft, and embezzlement. Corruption may

facilitate criminal enterprise such as drug trafficking, money laundering, and human trafficking,

though is not restricted to these activities.

Furthermore, the Civil Service Commission (CSC) said that nepotism is a form of

corruption or abuse of authority that violates Article IX (B), Section 2(2) of the 1987 Philippine

Constitution which states, “Appointments in the civil service shall be made only according to merit

and fitness to be determined, as far as practicable, and, except to positions.

D. Implications of Nepotism in the Philippines

According to one essay entitled “White Paper on Government Nepotism in the Philippines”

says that “Nepotism as one of the means of corruption has been affecting the lives of each and

every Filipinos for decades or so, so long as it can be observed to almost every single company or

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organization and commonly in the local as well as national government sectors of the country.

Conflict of interest, misuse of office, preferential treatment and patronage are some of the

government ethical issues associated to nepotism. ”

The main implication of Nepotism as it cited is, “it diminishes public trust by making

government look like a family business run not for the country’s citizens, but for the families of

both local and national government institutions.” Another implication that being observed

nowadays in practicing this kind of corruption is in terms of “Providing highly good quality of

services”, it was expected that if a certain employees were just employed by virtue of Nepotism

not being undergo in the process of Recruitment and selection where the main ingredients in

looking an appropriate and qualified employees is seeing the “Merit and fitness” of it, the Merit

here refers to the Educational Background of the employees while the Fitness refers to the Physical

condition of the certain applicants, the quality of services that they may rendered was absolutely

low and inefficient. A reason why there were few organizations becomes a center of critics because

of the service that they give to their clients. Basically the image of organization reflects on the

kinds of people or employees working in it.

Accordingly, Nepotism is also the very reason why most of ordinary Filipinos prefer to

work abroad because they know for a fact that there is a little chance for them to get hired within

their own country especially when they have not graduated in college.

II. Degrees in Nepotism

According to the Government of Texas Policy regarding Nepotism states that “Texas

Government Code, Chapter 573, prohibits public officials from appointing any individual to a

position that is to be directly or indirectly compensated from public funds or fees of office if the

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 individual is related to the public official within the second degree by affinity or within the third

degree by consanguinity” (http://www.Policyinnepotism.html)

The table below the Degree of Nepotism shown by the code of Texas.

Nepotism: Civil Law Degrees of Relationship

1st Degree of 1st Degree of 2nd Degree of 2nd Degree of Affinity 3rd Degree of

Consanguinity Affinity Consanguinity Consanguinity

Father Spouse Grandson Brother-in-law great grandson

Mother Father-in-law Granddaughter Sister-in-law Great granddaughter

Son Mother-in-law Grandfather Spouse’s grandfather Aunt

Daughter Son-in-law Grandmother spouse's grandmother Uncle

Daughter-in-law Brother Spouse’s grandson Niece

Step parent Sister Spouse’s granddaughter Nephew

Step Child spouse of employee's Great grandmother

grandparent

spouse of employee's Great grandfather

grandchild

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III. Some Cases of Nepotism in the Philippines

A. Ombudsman Affirms Nepotism Case vs Isabela Mayor

According the website written by Charlie Lagasca posted on August 21, 2010 at 12 noon

says that; BAYOMBONG, Nueva Vizcaya, Philippines – The Office of the Ombudsman has

affirmed the nepotism case filed against the mayor of Santiago City in Isabela for appointing her

husband as a director of a water district five years ago.

The Sandigang bayan set the arraignment of Santiago City Mayor Amelita Navarro,

charged with nepotism for appointing her husband, Jose Navarro, as Santiago City Water District

(Sanwad) director, before its Third Division on Sept. 23. The Ombudsman’s deputy special

prosecutor for Luzon Jesus Micael yesterday confirmed the filing of the case against Navarro as

an offshoot of the Ombudsman’s denial of her motion for reconsideration and supplementary

motion. In its 13-page resolution last July 12, the Ombudsman said preliminary evidence showed

that Navarro committed an act of nepotism when she had her husband sit on the Sanwad board of

directors representing the medical sector. A barangay councilwoman, Lydia Makiling of the city’s

Dubinan East village, filed the nepotism case against Navarro in 2005, claiming that the mayor’s

appointment of her husband was tantamount to nepotism as well as against the interests of the

people of Santiago City.

The Ombudsman said Navarro, as a high-ranking public official, abused her authority in

designating her husband to the city’s water district. The STAR tried to get Navarro’s side but she

did not respond to calls and text messages. The Ombudsman resolution quoted Navarro though as

saying that she was innocent of the charges since she made the designation in good faith, with

clean intensions and with the belief that she did not violate any laws. However, the Ombudsman,

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through assistant special prosecutor III Leni Bajo-Padaca, said Navarro’s appointment of her

husband constituted nepotism, which is defined as delegating or assigning a relative to a position

in the government or in government-owned and controlled corporations like the Sanwad.

In its resolution, the Ombudsman said Navarro’s lawyers had been given five years to file

a motion for reconsideration and supplemental motions in connection with the case, all of which

were denied for lack of merit.

B. Palawan mayor charged with nepotism

Another case of Nepotism in the Philippines was posted by Tetch Torres-Tupas, (Reporter);

MANILA, Philippines – A mayor has been accused of nepotism for allegedly appointing a relative

in office.

In a 12-page complaint filed before the Ombudsman Conchita Carpio-Morales, Coron

Palawan Acting Mayor Aljerico S. Barracoso was accused by resident Terencio Obispado of

violating the Administrative Code as well as anti-graft law prohibitions against appointing

relatives. Based on the complaint, Barracoso appointed Romaliza Setubal Calica, the common law

wife of his brother, to a permanent position as administrative aide last January.

Calica is the common law wife of the mayor’s brother, Vicente S. Barracoso Jr. They have

two children.Under the Administrative Code, appointments in the national, provincial, city and

municipal governments made in favor of a relative of the appointing or recommending authority

is prohibited.

In legal precedents, the Supreme Court has pointed out that the prohibition is meant to

“ensure and promote the constitutional mandate that appointments in the Civil Service shall be

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 made only according to merit and fitness and to provide within the public service a progressive

system of personnel administration, and to adopt measures to promote morals.”

Obispado also charged the mayor for violation of the Anti- Graft and Corrupt Practices Act

which outlaws “giving any private party any unwarranted benefit, advantage or preference in the

discharge of his official administrative or judicial functions through manifest partiality.”

IV. Laws and Policies by Civil Service Commission Governing Nepotism and

Recruitment

REPUBLIC ACT No. 2260, an act to amend and revise the laws relative to Philippine civil

service, 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.

Thus, Civil Service Commission (CSC) prevails standard guidelines in Recruitment and

Selection Process; the same Act ARTICLE VI known the Personnel Policies and Standards States

that; 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

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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 eligible: And provided,

finally, That for the period of ten years from the approval of this Act and in line with the policy of

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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 eligible in the order of their average ratings.

Finally the policies regarding Nepotism the said Commission also provide an exact

laws/policy on this matter.

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.

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 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 these

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.

Civil Service Commission Clarifies that nepotism is a form of corruption or abuse of

authority that violates Article IX (B), Section 2(2) of the 1987 Philippine Constitution which states,

“Appointments in the civil service shall be made only according to merit and fitness to be

determined, as far as practicable, and, except to positions.

Moreover, Book V, Title I(A), Chapter 8, Section 59 of Executive Order No. 292, also

known as the Administrative Code of 1987, prohibits nepotism appointments or those made in

favor of a relative of the appointing or recommending authority, or of the chief of bureau or office,

or of the persons exercising immediate supervision over the appointee. The word “relative” under

the said Code refers to those related within the third degree of consanguinity (relationship by

blood) or affinity (relationship by marriage) such as spouse (1st degree), children (1st degree),

sibling (2nd degree), nephew and niece (3rd degree), and uncle and aunt (3rd degree). Under

Section 79 of the Local Government Code of 1991, the prohibition extends to the appointing or

recommending authority’s relatives within the fourth degree of consanguinity or affinity, such as

first cousin or first cousin-in-law (4th degree).

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 CONCLUSION

As what Aristotle: "Equals should be treated equally and unequal’s unequally." nepotism

interfere with fairness because they give undue advantage to someone who does not necessarily

merit this treatment. It was really indeed a hindrance in producing a highly good quality of services

since the people or employees are the asset and prime actor of the organization, they are the key

determinant whether the organization will achieve their goal/objectives or not. So, it was

essentially needed that all organization must give attentions and importance in hiring employees;

it should be done in an appropriate and lawful process. Organization should choose those

applicants who possess all the qualification needed in a particular position to assure that the

responsibilities and functions will be meet properly, efficiently and effectively. Another thing is

that people are the organization itself; they were the one who run, makes innovative and creative

ways to make the organization successful and effective. So basically employees should be highly

competent, motivated and responsive personnel in order to give high quality service. That is why

they must be selected in proper manner.

Moreover, Nepotism has no good impact in the organization; it causes so many problems

and troubles and above all it makes the failure of a certain organization. This system really affects

the organization and even the life of others therefore it must be stop at all levels. Just like what

happen to Ms. Kathleen D. Antivo a graduate from MSU main Campus Marawi City, Degree

holder of BS Community Development, According to her it is difficult to find a job because mostly

even you are from a prominent school and fit for the position, Nowadays employer hire their

Kamag-anak, or friends even not qualified for the position, as what she says “ Nakakapagod at

Nakakawala ng gana maghanap ng trabaho kung wala kang Backer”. See the effect of it, people

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lost hope and trust to some hiring agencies because of this kind of practice. It should be Stop and

hopefully our Government officials will have a better solution for this as what John C. Maxwell

said that “A Leader is one who knows the way, goes the way, and shows the way”. May our Leader

show the real way to have a better future in this Nations.

References

BOOKS

Andres, Tomas D. (1991). Human Resource Management in the Philippines setting. Quezon
City: New Day Publisher.

Martires, Conception R. “Human Resources Management: Principles and Practices”, (3rd

Edition). National Bookstore. Mandaluyong City,1999.

Sison, Perfecto S. (1991). “Personnel and Human Resource Management”, (6th Edition).
Manila: Personnel Management Association of the Philippines. Rex. Book Store. Manila
Philippines, 1991.

Tapales, Proserpina D., Cuaresma, Jocelyn C., and Cabo, Wilhelmina L. “Local Government in
the Philippines: A Book of Readings”, (Vol.1). Diliman, Quezon City, 1998.

ELECTRONICS/ ONLINE RESOURCES

“Policies in Nepotism.” (n.d.) retrieved March 24, 2017 from http://www.Policyinnepotism.html

“Definition of Nepotism.” (n.d.) retrieved March 24, 2017 from http:// www.Nepotism.html

“Civil Service Commission.” (n.d.) retrieved March 24, 2017 from http://www.CSC.html

Lagasca, Charlie. (2010). Cases of Nepotism in the Philippines. Available:

http://www.Casesnepotismphil.html

Umali, Toni. (2015). Nepotism. Available: http://www.Nepotism.html

Microsoft® Encarta® 2009. © 1993-2008 Microsoft Corporation. All rights reserved.

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