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DO 101, s.

1992 - Prohibition on the Appointment of


Public School Teachers as Barangay Secretary or
Treasurer
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October 23, 1992

DO 101, s. 1992

Prohibition on the Appointment of Public School Teachers as Barangay Secretary or


Treasurer

To: Regional Directors


Schools Superintendents
Presidents, State Colleges and Universities
Vocational School Superintendents/Administrators

1. In view of the trepidation of some concerned citizens that some public school
teachers may opt to be appointed as Barangay Secretaries or Treasures and thus neglect
their primary mission to teach and mold pupils and strengthen their basic education to
prepare them for higher levels of learning, there is reproduced on the reverse side the letter
of Director Serafin M. Benaldo, National Barangay Operations Office, Department of Local
Government, dated August 3, 1992, citing Sections 394(c) and 395(c) of the Local
Government Code of 1991, which specifically provide that no government employee may be
appointed as barangay secretary or treasurer and that public school teachers being
government employees are not exempt from said provisions.

2. Wide dissemination of this Order is requested.

DO 3, s. 1992 - Prohibition against Issuance of


Appointments without Certified Available Funds or
Authorizing Rendition of Services without Valid
Appointments
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January 9, 1992

DO 3, s. 1992

Prohibition against Issuance of Appointments without Certified Available Funds or


Authorizing Rendition of Services without Valid Appointments

All officers vested with appointing authority are hereby remind of existing rules and
regulations requiring the certification of fund availability prior to issuance of any
appointment and prohibiting the rendition of services without a valid appointment.
1. Special attention is invited to the requirement for prior publication of vacancies as
mandated under RA 7041.

2. It is reiterated that unpaid salaries arising from violations of said rules and
regulations shall be the personal liability of the officers concerned, without prejudice to the
imposition of administrative sanctions prescribed by law. While new appointees may and
should be paid immediately for services rendered, this is contingent always on the issuance
of a valid appointment with certified available funding.

3. In this connection, the acceptance of services offered on a voluntary basis to assume


duties and responsibilities assigned to regular position, which may later be grounds for
claims for compensation or demands for priority in appointment which cannot be
accommodated, should be discouraged.

4. While it is recognized that there may be an acute need for services to be made
available immediately in some instances, the officials concerned are enjoined to adopt such
remedial measures as will not create other problems. The chronic problem of unpaid
salaries among teachers and other personnel should not be exacerbated but resolved once
and for all.
References: DECS Order: No. 111, s. 1991
Allotment: 1(M.O. 1-87

Prohibitions on Appointments in the Civil Service


1. Appointive Officials Holding multiple government and compensation positions in the
receiving double compensation
2. 4. Exception Unless otherwise allowed by law or By the primary functions of his
position
3. 5. Elective Officials not eligible for appointment in any capacity to any public office or
position during his tenure. 5
4. 6. Elective and Appointive Public Officer/Employee Additional, double compensation or
indirect Acceptance of any present emolument, office or title of any kind from any
foreign government without the consent of Congress 6
5. 7. Exception Specifically authorized by law 7
6. 8. One Year Ban on Appointment a person who lost in an election Except barangay
election 8
7. 9. Filing of Certificate of Candidacy Employee is considered resigned Even if later on
disqualified or has withdrawn 9
8. 10. Six-month ban on reemployment Employee who resigned during the 3month period
before any election Purpose to promote the candidacy of another 10
9. 11. Ban on Detail or Reassignment within 3 moths before any election Exception-
with permission/authority from the COMELEC 11
10. 12. Engaging Directly or Indirectly in Partisan Political Activity To promote the
candidacy of another To promote the defeat of a candidate 12
11. 13. Engaging Directly or Indirectly in Partisan Political Activity Exceptions To vote
To express views on current political problems or issues To mention names of
candidates for public office whom he supports 13
12. 14. Nepotism appointment of relative in the national/local government, SUCs, GOCCs
with original charter, any branch of the government. 14
13. 15. National Government Third degree affinity of 15 consanguinity or
14. 16. National Government Appointing Recommending Chief of Bureau or office
Person exercising immediate supervision over the appointee 16
15. 17. Local Government Fourth civil degree of consanguinity or affinity 17
16. 18. Local Government appointing or recommending authority 18
17. 19. Exempt from Nepotism Persons employed capacity Teachers 19 in a confidential
18. 20. Exempt from Nepotism Physicians Members of the AFP 20
19. 21. DIRECTIONS FOR COUNTING DEGREES IN RELATIONSHIPS By Consanguinity
Relationship with Father/Mother Father/ Mother Relationship with
Grandfather/Grandmother Relationship with Brothers/Sisters GrandFather/ GrandMother
Father/ Mother 2nd Degree 1st Degree 1st Degree Father/ Mother LEGEND: 2nd
Degree 1st Degree Brother/ Sister = Appointee = Appointing Authority 21
20. 22. DIRECTIONS FOR COUNTING DEGREES IN RELATIONSHIPS (Vice-Versa) By
Consanguinity Relationship with Uncle/Aunt GrandFather/ GrandMother 2nd Degree
Relationship with Cousins GrandFather/ GrandMother 3rd Degree 2nd Degree Uncle/
Aunt Father/ Mother Father/ Mother 1st Degree 1st Degree LEGEND: = Appointee
= Appointing Authority 3rd Degree Uncle/ Aunt 4th Degree Cousin 22
21. 23. DIRECTIONS FOR COUNTING DEGREES IN RELATIONSHIPS By Affinity
LEGEND: = Appointee = Appointing Authority Relationship with
Grandfather/Grandmother in-law Relationship with Father/Mother in-law Father/ Mother
in-law Relationship with Brothers/Sisters in-law GrandFather/ GrandMother in-law
1st Degree Father/ Mother in-law 2nd Degree 1st Degree Father/ Mother in-law
Spouse 2nd Degree 0 Degree 1st Degree Spouse Spouse 0 Degree 0 Degree
Brother/ Sister in-law 23
22. 24. DIRECTIONS FOR COUNTING DEGREES IN RELATIONSHIPS By Affinity
LEGEND: = Appointee = Appointing Authority Relationship with Uncle/Aunt in-law
Relationship with Cousins in-law GrandFather/ GrandMother in-law GrandFather/
GrandMother in-law 3rd Degree 2nd 2nd Degree Degree Father/ Mother in-law Uncle/
Auntinlaw Father/ Mother in-law 1st Degree Spouse 0 Degree 3rd Degree 1st
Degree Spouse 0 Degree Uncle/ Auntinlaw 4th Degree Cousin 24
23. 25. DEGREES OF RELATIONSHIPS FOR PURPOSES OF DETERMINING NEPOTIC
APPOINTMENTS 4th degree Great Uncle/Aunt 3rd degree Uncle/Aunt 4th degree First
cousin 2nd degree Brother/ Sister 3rd degree BY CONSANGUINITY Nephew/ Niece 4th
degree Grand Nephew/ Niece 4th degree 4th degree Great- Grand Father/ Mother inlaw
Great-Grand Father/ Mother 3rd degree 3rd degree Grand Father/ Mother -in-law Grand
Father/ Mother 2nd degree 2nd degree Father/ Mother in-law Father/ Mother 1st degree
1st degree Son/ Daughter 2nd degree Grand Son/Daugthe r 3rd degree NOTE: The
appointing authority can be any person in the circles. In counting the degree of
relationship, start counting from the appointee () following the line connecting. Great-
GreatGrand Father/ Mother inlaw Great-GreatGrand Father/ Mother Great-Grand
Son/Daugthe r 4th degree Great-GreatGrand Son/Daugthe r 0 degree 1st degree Spouse
4th degree Great Uncle/Aunt -in-law 3rd degree Uncle/Aunt -in-law 4th degree 2nd
degree Brother/ Sister-in-law First Cousin -in -law 3rd degree Nephew/ Niece-in-law BY
AFFINITY 4th degree Grand Nephew/Niec e -in-law Note: Only up to 3rd degree of
relationship is prohibited by law for appointment in the NGA. Thus, cousins can be
appointed (Sec. 59, Title I (A), Book V, E.O. 292) Head of Office and Immediate
Supervisor is not applicable to LGU but nepotic appointment extends up to the 4th degree
of relationship (Cousins). (Sec. 79, Title II, Book 25 I, R.A. 7160)
24. 26. Appointment Accepted by the Appointee cannot be withdrawn or revoked by the
appointing authority 26
25. 27. Dismissed Employees cannot be reemployed or appointed in the government
service EXCEPT those granted executive clemency 27
26. 28. Employees who have reached the Compulsory Retirement Age of 65 Cannot be
appointed to any position in the government 28
27. 29. Employees who have reached the Compulsory Retirement Age of 65 EXCEPTION
To a coterminous/primarily confidential position in the government 29
28. 30. Employees who have reached the Compulsory Retirement Age of 65 In meritorious
cases May be extended for six (6) months 30
29. 31. Employees who have reached the Compulsory Retirement Age of 65 Those who
will complete the 15-year requirement under the GSIS law may be extended for a
maximum period of one (1) year. 31
30. 32. One-Year Ban on Transfer Heads of oversight agencies and staff To agency
which his/her unit is assigned or designated to oversee within one year after the
termination of such assignment or designation 32
31. 33. Exception Unless allowed by the Commission on meritorious cases 33
32. 34. Employees in the NonCareer Service shall not perform the duties belonging to any
position in the career service 34
33. 35. Consultant, Contractual/NonCareer employees cannot be designated to position
exercising control or supervision over regular and career personnel 35
34. 36. Private Practice of Profession Written permission from the head of agency Time
devoted outside of office hours should be fixed by the head of agency 36
35. 37. Employees on Study Leave or on Secondment shall not be considered for
promotion during the period of study leave or secondment 37
36. 38. MC No. 3, s. 2001 an employee who is on local or foreign scholarship or training
grant or on maternity leave may be considered for promotion. 38
37. 39. MC No. 3, s. 2001 Performance rating to be considered shall be the rating
immediately prior to the scholarship or training grant or maternity leave. 39
38. 40. MC No. 3, s. 2001 If promoted, the effectivity date of the promotional appointment
shall be on the assumption to duty. 40

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Sec. 1. No appointive official shall hold any other office or employment in the
government unless otherwise allowed by law or by the primary functions of his position.
Sec. 2. No elective official shall be eligible for appointment in any capacity to any
public office or position during his tenure.
Sec. 3. No elective or appointive public officer or employee shall receive additional,
double or indirect compensation, unless specifically authorized by law, nor accept without the
consent of Congress, any present, emolument, office or title of any kind from any foreign
government.Pensions and gratuities shall not be considered as additional, double or indirect
compensation.
Sec. 4. A person who lost in an election (except Barangay election) shall not be
eligible for appointment or reemployment to any office in the government or government-
owned or controlled corporation within one year following such election.
Sec. 5. An employee who files a certificate of candidacy, even if later on disqualified or
has withdrawn, is still considered resigned.
Sec. 6. An employee who resigned from the government service during the three (3)
month period before any election to promote the candidacy of another shall not be
reemployed during the six-month period following such election.
Sec. 7. No detail or reassignment shall be made within three (3) months before any
election unless with permission of the the COMELEC.
Sec. 8. No officer or employee in the civil service including members of the Armed
Forces, shall engage directly or indirectly in any partisan political activity or take part in any
election except to vote nor shall he use his official authority or influence to coerce the
political activity of any other person or body. Nothing herein provided shall be understood to
prevent any officer from expressing his views on current political problems or issues, or from
mentioning the names of the candidates for public office whom he supports. Provided, that
public officers and employees holding political offices may take part in political or electoral
activities but it shall be unlawful for them to solicit contributions from their subordinates or
subject them to any of the acts prohibited in the Election Code.
Sec. 9. No appointment in the national, provincial, city or municipal government or
any branch or instrumentality thereof, including government-owned or controlled
corporations with original charter shall be made in favor of a relative of the appointing
authority or recommending authority, or the chief of the bureau or office or the person
exercising immediate supervision over the appointee. Unless otherwise provided by law, the
word relative and the members of the family referred to are those related within the third
degree either of consanguinity of affinity. In the local government service, the prohibition
extends to the relatives of the appointing or recommending authority, within the fourth civil
degree of consanguinity or affinity. The following are exempted from the operation of the
rules on nepotism: a. Persons employed in a confidential capacity b. Teachers c. Physicians d.
Members of the Armed Forces of the Philippines. The nepotism rule covers all kinds of
appointments whether original, promotional, transfer and reemployment regardless of status
including casuals and contractuals except consultants.
Sec. 10. The appointing authority shall not
withdraw or revoke an appointment already accepted by the appointee. Such appointment
shall remain in force and effect until disapproved by the Commission. However, in case an
appointment is void from the beginning due to fraud of the appointee or because it was issued
in violation of law, the proper appointing authority may request the Commission for its
withdrawal or revocation.
Sec. 11. No person who has been dismissed or perpetually excluded/disqualified from the
government service shall be appointed or reemployed unless he has been granted executive
clemency.
Sec. 12.* No person who has reached compulsory retirement age of 65 can be appointed
to any position in the government, subject only to the exception provided under sub-section
(b) hereof. However, in meritorious cases, the Commission may allow the extension of
service of a person who has reached the compulsory retirement age of 65 years, for a period
of six (6) months only unless otherwise stated. Provided, that, such extension may be for a
maximum period of one (1) year for one who will complete the fifteen (15) years of service
required under the GSIS Law.X x xA person who has already reached the compulsory
retirement age of 65 can still be appointed to a coterminous/primarily confidential position in
the government. A person appointed to a coterminous/primarily confidential position who
reaches the age of 65 is considered automatically extended in the service until the expiry date
of his/her appointment or until his/her services are earlier terminated.* As amended by CSC
Resolution No. 01-1624 published on October 26, 2001 in Today.
Sec. 13. Unless allowed by the Commission in meritorious cases, heads of
oversight agencies and their staff are prohibited from transferring or being appointed to any
position in the department/agency/office/local government unit which his unit is assigned or
designated to oversee within one year after the termination of such assignment or designation.
Sec. 14. No person appointed to a position in the non-career service shall perform the
duties properly belonging to any position in the career service.
Sec. 15. No consultant, contractual, or non-career employee shall be designated to
position exercising control or supervision over regular and career personnel.
Sec. 18. (as amended by MC No. 15, s. 1999) Unless otherwise provided by law, no
officer or employee shall engage directly or indirectly in any private business or profession
without a written permission from the head of agency. Provided that this prohibition will be
absolute in the case of those officers and employees whose duties and responsibilities require
that their entire time be at the disposal of the government: Provided further, that if an
employee is granted permission to engage in outside activities, the time devoted outside of
office hours should be fixed by the head of agency so that it will not impair in any way the
efficiency of the officer or the employee nor pose a conflict or tend to conflict with the
official functions.
Sec. 19