Scope of prohibited government appointments
- Section 1 prohibits appointments in the National, provincial and municipal governments or in any branch and instrumentality thereof.
- Section 1 covers appointments made in favor of a relative of the appointing authority or of the persons exercising immediate supervision over the appointing authority.
- Section 1 applies to appointments in both the classified and unclassified service.
- Section 1 covers appointments regardless of the government level, office, or bureau within the covered governmental entities.
Family-membership limit in an office
- Section 2 applies when there are already two or more members of one family in an office or Bureau.
- Section 2 bars eligibility for appointment of any other member of the same family to any position in that same office or Bureau.
- The family-membership restriction applies to appointments to any position within the office or Bureau where two or more family members are already employed.
Definitions: relative and family members
- Executive Order No. 111 defines “relative” and “members of the family” as those related within the third degree either of consanguinity or affinity.
- The degree basis for determining nepotism coverage is limited to the third degree, whether by blood (consanguinity) or by marriage (affinity).
Exemptions from the nepotism restrictions
- Executive Order No. 111 exempts persons employed in a confidential capacity from the nepotism rules.
- Executive Order No. 111 exempts teachers from the nepotism rules.
- Executive Order No. 111 exempts physicians from the nepotism rules.
- Executive Order No. 111 exempts members of the Army from the nepotism rules.
Mandatory reporting for exempt appointments
- Despite the exemptions, Executive Order No. 111 requires that in each particular instance a full report of the exempt appointment shall be made to the President.
- The reporting requirement applies to every appointment that falls under the enumerated exemptions.
Correction of past appointments and promotion limits
- Executive Order No. 111 requires that cases of previous appointments made in contravention of the Order be corrected by transfer.
- While transfer is pending, Executive Order No. 111 prohibits promotion in favor of:
- the relative occupying a subordinate position, and
- anyone of the members of the same family in a Bureau or office.
Exceptions requiring Civil Service approval
- Executive Order No. 111 allows an appointment or promotion with the approval of the Commissioner of Civil Service in exceptional cases.
- The exception applies when strict application of the Order would:
- impair the efficiency of the service, or
- produce a patent injustice.
- The Commissioner of Civil Service approval is the required condition for appointments or promotions made under these exceptional circumstances.