In the Philippine legal landscape, public office is a public trust. To uphold the principle of merit and fitness, the law strictly prohibits nepotism—the practice of appointing relatives to government positions. This prohibition ensures that the civil service remains professional, efficient, and free from the undue influence of family ties.

1. The Legal Basis

The rule against nepotism is primarily anchored in two major pieces of legislation and their corresponding administrative rules:

Book V, Title I, Chapter 8, Section 59 of Executive Order No. 292 (The Administrative Code of 1987).
Section 79 of Republic Act No. 7160 (The Local Government Code of 1991).
The 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), as revised.

2. Defining a Nepotic Appointment

Under Philippine law, an appointment is considered nepotistic if it is made in favor of a relative within the third degree of consanguinity (blood) or affinity (marriage) of any of the following:

The Appointing Authority;
The Recommending Authority;
The Chief of the Bureau or Office; or
The person exercising immediate supervision over the appointee.

Determining the Third Degree

To determine the scope of the prohibition, one must count the "degrees" of relationship:

First Degree: Parents and Children.
Second Degree: Grandparents, Grandchildren, Brothers, and Sisters.
Third Degree: Great-grandparents, Great-grandchildren, Uncles/Aunts, and Nieces/Nephews.

Note: The prohibition applies to both legitimate and illegitimate relationships, and it extends to "in-laws" via the rule of affinity.

3. Scope and Exemptions

While the rule is broad, it is not absolute. The law recognizes certain positions where technical expertise or the nature of the work outweighs the risk of favoritism.

Exempted Positions

The following categories are generally exempt from the nepotism rule:

Persons employed in a confidential capacity (e.g., Private Secretaries).
Teachers (specifically those in the Department of Education, though restrictions may still apply regarding immediate supervision).
Physicians (in specific medical contexts).
Members of the Armed Forces of the Philippines (AFP).

The "Original Appointment" vs. "Promotion" Rule

The prohibition primarily targets the issuance of an appointment. If two relatives already work in the same agency and one is subsequently promoted to a position of authority over the other, it may not technically be "nepotism" (as no new appointment was issued to the relative), but it may violate rules on Conflict of Interest or specific administrative regulations regarding supervision.

4. Nepotism in Local Government Units (LGUs)

The Local Government Code provides a stricter standard for local officials. In LGUs, the prohibition extends to the fourth degree of consanguinity or affinity. This means first cousins are included in the ban within the local government context, whereas they are technically outside the "third degree" rule in national agencies.

5. Penalties and Consequences

Nepotism is classified as a grave offense under the Revised Rules on Administrative Cases in the Civil Service (RRACCS).

For the Appointing Authority

An official who knowingly issues a nepotistic appointment faces:

Dismissal from the service (even for the first offense).
Perpetual disqualification from holding public office.
Cancellation of eligibility.
Forfeiture of retirement benefits.

For the Appointee

Nullification of Appointment: The appointment is void from the beginning (ab initio). The appointee must be removed from the position immediately upon the finality of the decision.
Criminal Liability: Under the Anti-Graft and Corrupt Practices Act (RA 3019), officials may also face criminal prosecution for "granting any improper privilege" to a relative.

6. Jurisprudence and the "De Facto" Officer Doctrine

The Supreme Court of the Philippines has consistently ruled that the prohibition against nepotism is a constitutional imperative to ensure that the "spoils system" does not take root.

If an appointee acted in good faith without knowing the appointment was nepotistic, they may be considered a de facto officer. In such cases, they may be allowed to keep the salaries earned for services already rendered, but they cannot remain in the position once the illegality is established.

Summary Table: Degrees of Relationship

Degree	Consanguinity (Blood)	Affinity (Marriage)
1st	Parents, Children	Spouse, Parents-in-law, Children-in-law
2nd	Siblings, Grandparents, Grandchildren	Siblings-in-law, Grandparents-in-law
3rd	Uncles/Aunts, Nieces/Nephews	Uncles/Aunts-in-law, Nieces/Nephews-in-law
4th	First Cousins (LGU Rule Only)	First Cousins-in-law (LGU Rule Only)