GR NO. 135805, dated 29-Apr-1999
FACTS:
Pedro Dacoycoy, respondent, is the vocational school administrator of Balicuatro College of Arts and Trades in Northern Samar. After formal investigation by the CSC, he was found guilty of nepotism on two counts. CSC imposed on him the penalty of dismissal from the service.
Respondent filed motion for reconsideration, anchoring on the the argument that he was not the appointing or the recommending authority. CA reversed CSC's resolution ruling that the respondent did not appoint his 2 sons, therefore he is not guilty of nepotism.
ISSUE:
Whether or not respondent is guilty of nepotism.
DECISION:
Yes. The
law (Sec 59 Nepotism, (1) ) defines nepotism as 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
1. appointing or
2. recommending authority, or of the
3. chief of the bureau or office,
or of
4. the persons exercising immediate supervision over him.
The word
"relative" and members of the family referred to are those related
within the third degree either of consanguinity or of affinity.
CSC found respondent guilty of nepotism as a result of the appointment of his 2 sons Rito, a driver and Ped, a utility worker, as their are under his immediate supervision and control as the school administrator.
