Anti-Nepotism Rules in the Philippine Civil Service: Can Relatives Work in the Same Office?

Short answer: **Yes, relatives can work in the same government office in the Philippines—**but appointments and promotions are strictly limited when the relationship involves the appointing or recommending authority, the chief of office/bureau, or the person who will directly supervise the appointee (with stricter limits in local governments). The safest rule of thumb: no appointment or promotion may place a public servant under the direct power or influence of a close relative.

This article is general information, not legal advice. If you’re dealing with a live case (e.g., a pending appointment or a promotion protest), consult your HRMO/secretariat and counsel.

1) Legal Bases (What gives these rules their force)

1987 Constitution, Art. IX-B (Civil Service): mandates a merit-based system and integrity in public service; nepotism undermines this.
Civil Service Law / Administrative Code of 1987 (Book V) and CSC issuances (e.g., the Omnibus Rules on Appointments and Other Human Resource Actions, “ORA-OHRA”): spell out nepotism prohibitions for appointments and promotions in national government agencies, LGUs, and other instrumentalities covered by the civil service.
Local Government Code (LGC): contains specific anti-nepotism provisions for LGUs (often wider in scope than the general rule).
R.A. 6713 (Code of Conduct and Ethical Standards): requires professionalism, fairness, and avoidance of conflicts of interest—standards frequently implicated by nepotism.
R.A. 3019 (Anti-Graft and Corrupt Practices Act): treats appointments in violation of the nepotism law as a corrupt practice; both the appointing authority and the beneficiary can face consequences.
COA and CSC decisions/resolutions: enforceability, invalidation of appointments, and disallowance of salaries where rules are breached.

(Exact section numbers and language differ across issuances; HR offices generally keep the controlling CSC circulars on file for your agency.)

2) The Core Rule (National Government & Agencies under Civil Service)

Prohibited appointment or promotion: If the **appointee is related within the third degree of consanguinity (blood) or affinity (by marriage) to any of the following within the same agency/office:

Appointing authority (e.g., Department Secretary, Agency Head),
Recommending authority (the official whose recommendation is required),
Chief of the bureau or office where the appointee will work, or
The person who will exercise immediate supervision over the appointee.

Key points:

It covers original appointment, promotion, transfer, reemployment, or reinstatement—any personnel action that creates or changes the supervisory chain.
It focuses on power dynamics: if the relative can directly influence the appointee’s hiring, evaluation, discipline, or daily supervision, the appointment is barred.
If none of those power relationships exist (e.g., two rank-and-file employees in different units with no supervisory link), no nepotism violation arises under the core rule.

3) The LGU Rule (Cities, Provinces, Municipalities, Barangays)

For local governments, the Local Government Code imposes stricter anti-nepotism limits, commonly extending the prohibition to relatives within the fourth civil degree of the appointing or recommending authority. That means cousins (4th degree) can be covered in LGUs even if they would not be covered under the national 3rd-degree rule.

Illustrations:

Mayor → cousin (4th degree): generally prohibited in LGUs.
Governor’s spouse → provincial office under Governor’s direct line: prohibited.
Two siblings in the same city hall, both rank-and-file in unrelated offices with no supervisory link and no relationship to the appointing/recommending authority: generally allowed.

(LGUs should follow their HRMPSB manuals and CSC-approved merit selection plans, which usually restate the LGC’s broader bar.)

4) Degrees of Relationship (How to count)

Consanguinity (blood):

1st degree: parent ↔ child
2nd degree: grandparent, grandchild, sibling
3rd degree: great-grandparent, great-grandchild, uncle/aunt, nephew/niece
4th degree (relevant in LGUs): first cousin

Affinity (by marriage): mirror your spouse’s consanguinity:

1st degree: spouse’s parent/child (e.g., mother-in-law, stepchild)
2nd degree: spouse’s grandparent/grandchild, spouse’s sibling (brother-/sister-in-law)
3rd degree: spouse’s uncle/aunt, spouse’s nephew/niece
4th degree (LGUs): spouse’s cousin

When do you “take the snapshot”? The relevant relationship is assessed at the time of the appointment/personnel action. If the disqualifying relationship no longer exists before the appointment (e.g., a chain of supervision has been removed), the bar may no longer apply—though conflict-of-interest safeguards can still be required.

5) Who Exactly Triggers the Prohibition?

An appointment/promotion is barred when the appointee is related (within the covered degrees) to:

Appointing Authority: the official with legal power to issue the appointment (e.g., Head of Agency, Mayor/Governor, Board for some GOCCs).
Recommending Authority: where the law/rules require their recommendation.
Chief of the Bureau/Office: the head of the organizational unit where the appointee will be stationed.
Immediate Supervisor: the direct superior who will rate/discipline the appointee and control day-to-day work.

It’s not a blanket ban on any relatives in the same building. It’s specifically about power and influence over the appointee’s employment.

6) Common Exceptions & Special Situations

Always check the latest CSC circulars and your agency’s approved Merit Selection Plan, but the following carve-outs are traditionally recognized in Philippine law/CSC rules:

Teachers and Physicians: Appointments to teaching and medical positions have historically been exempted from the strict nepotism bar (to avoid crippling schools and hospitals in areas with limited talent pools).
Members of the Armed Forces: Certain military appointments traditionally excluded.
Primarily Confidential Positions: Some rules historically exempt “primarily confidential” positions; however, agencies should exercise extreme caution—ethics/conflict-of-interest standards still apply, and scrutiny is high.
Elected Officials: Elections are not appointments. But once in office, elected officials cannot use their appointing power to place close relatives into covered positions.
Job Orders (JO) / Contract of Service (COS): These are not civil service appointments, but good-governance and audit practice is to apply the spirit of anti-nepotism and conflict-of-interest controls to JOs/COS as well; COA/CSC may still view arrangements skeptically.

Important: An “exception” does not waive all controls. Ethics, conflict-of-interest, procurement, audit, and transparency rules still apply. Agencies should document the basis and ensure there’s no supervisory chain between close relatives where avoidable.

7) What Counts as “Same Office” or “Same Agency”?

The prohibition attaches where the appointing/recommending authority or chief of office (or immediate supervisor) is a close relative within the same organization (department, bureau, or LGU).
Different units within a large department can be different “offices” for this purpose. What matters is the actual chain of command and the power to appoint/discipline.
Shared projects/committees do not by themselves trigger the bar unless they create supervisory/evaluative power over a relative.

8) Promotions, Transfers, Reassignments, Details, and Secondments

Promotions/Transfers: If the movement would place an employee under the immediate supervision of a covered relative—barred.
Reassignments/Details/Secondments: Although not always “appointments,” agencies should treat them with the same caution if they alter supervision. If a movement creates a prohibited supervisory relationship, don’t do it.
Designations/Officiating Roles: Temporarily making someone “Officer-in-Charge” (OIC) or designating them as acting chief can suddenly create a prohibited relationship. HR should pre-screen designations.

9) Validity, Remedies, and Penalties

Void appointments: A nepotistic appointment or promotion is invalid and can be recalled by CSC.
Disciplinary liability: The appointing/recommending official can face administrative sanctions; the appointee can also be separated if the appointment is void.
Graft exposure (R.A. 3019): Appointing a relative in violation of anti-nepotism rules can amount to graft/corrupt practice.
COA disallowance: Salaries/benefits paid under a void appointment may be disallowed; officials can be required to refund.
Good-faith pay: In limited cases, COA/CSC may consider good-faith recipients; never rely on this—prevention is far safer.

10) Can Relatives Work in the Same Office? Practical Scenarios

Allowed (generally):

Two siblings both rank-and-file in different sections, no supervisory link, no relation to the appointing/recommending authority or chief of office.
Spouses in the same department but in separate divisions, each supervised by non-relatives, and appointed by an authority not related to either spouse.
Cousin appointments in national agencies (4th degree) where neither the appointing/recommending authority nor the supervisor is a relative—generally allowed (contrast with LGUs).

Barred (generally):

Director appoints or promotes his niece (3rd degree) into his division (he is either the chief or the immediate supervisor).
Mayor appoints his cousin (4th degree) to a city hall post—barred under the LGU rule.
Promotion of an existing employee so she now reports to her father-in-law (2nd-degree affinity) as division chief—barred.

Grey-area / handle with care:

Temporary OIC arrangements that inadvertently create a supervisory link over a relative.
Inter-office task forces where one relative rates the performance or signs the timesheets/TPRs of another—avoid or add firewalls.

11) Conflict-of-Interest Firewalls (When the relationship is otherwise lawful)

Even where an appointment is not barred, agencies should manage conflicts:

No supervision or rating by a relative; re-route PMS/IPCR/OPCR evaluations.
Recusal of relatives from screening, deliberation, and selection (e.g., HRMPSB) when an applicant is their kin.
Segregation of duties in cashiering, procurement, and HR processes.
Written disclosure by the employees and the approving official (filed with HR).
Rotation or separate reporting lines if teams are small.

12) HR Compliance Checklist (Cut-and-Use)

Relationship Inquiry in PDS/CS Form and application packet (truthful disclosure required).
Nepotism Screen at three points: (a) appointing/recommending authority, (b) chief of office, and (c) immediate supervisor.
Degree-Calculator (attach a short worksheet).
Chain-of-Command Diagram for the position (to catch “hidden” links like acting/OIC roles).
Conflict-Management Plan (recusal, alternate rater, segregation of duties) when relatives lawfully work in the same org.
Documentation: Put the screen and the firewalls on record with the appointment papers.
Continuous Monitoring: Re-screen upon promotions, reorgs, and designations.

13) Quick Degree-of-Relationship Guide

How to count consanguinity: Count up to the common ancestor then down to the relative; each generation is one degree.
- Example: You → parent (1) → grandparent (2) → aunt/uncle (3).
- Example: You → parent (1) → grandparent (2) → aunt/uncle (3) → first cousin (4).
Affinity: Use the spouse’s consanguinity map to the other person (same degree).
- Example: Your spouse’s sibling is 2nd-degree affinity to you.

14) Frequently Asked Questions

Q1: Two relatives already work in the same office; a reorg will make one supervise the other. What now? Don’t proceed with a structure that creates a prohibited supervisory link. Adjust the org chart or reporting lines; if unavoidable, do not place the relative in that chain.

Q2: Can the appointing authority “waive” the rule? No. Anti-nepotism is mandatory. A waiver or consent from the appointee, union, or board does not cure the defect.

Q3: Do qualifications/eligibility cure nepotism? No. Even a fully qualified, eligible candidate is barred if the relationship falls within the prohibited degrees to a covered official/supervisor.

Q4: What about contractors (JO/COS) and consultants? Even if not a civil service “appointment,” agencies should avoid arrangements that look like a backdoor hire of a relative; expect audit/ethics scrutiny.

Q5: If the marriage that created affinity has ended, does the bar still apply? Agencies assess the relationship at the time of appointment and follow CSC guidance. Even where affinity questions arise (e.g., by death/annulment), the safest course is to avoid any appointment that would place a former in-law in a supervisory or appointing relationship, unless HR and CSC guidance clearly allow it.

15) Practical Policy Language (Model Clauses)

Nepotism Screen. No appointment, promotion, transfer, designation, or movement shall result in an employee being directly supervised, evaluated, or appointed by a relative within the third (national)/fourth (LGU) civil degree of consanguinity or affinity to the appointing/recommending authority, the chief of office/bureau, or the immediate supervisor. Conflict Management. Where relatives lawfully work in the same agency, firewalls shall be implemented: recusal from HRMPSB deliberations, alternate raters, and segregation of sensitive duties. Disclosure. Applicants and officials must disclose relationships; non-disclosure is grounds for disciplinary action. OIC/Acting Roles. Temporary designations shall be pre-screened for nepotism.

16) Takeaways

Same office ≠ automatic violation. The trigger is the relationship to the appointing/recommending authority, chief of office, or immediate supervisor.
National rule: generally up to 3rd degree; LGU rule: often up to 4th degree.
Exceptions exist (e.g., teachers/physicians, some military/confidential posts), but ethics and conflict controls still apply.
Violations void appointments and can lead to graft and audit consequences.

If you’d like, tell me your exact scenario (who’s related to whom, who signs/appoints, and the organizational chart), and I’ll map the relationships and flag risks—plus draft a one-page HR memo you can file with the appointment papers.