CAMARAO, Fedeserio C.

Re: Complaint; Nepotism

RESOLUTION NO. 01-1673

Julian O. Marquez, Jr., Professor, Technological University of the Philippines (TUP), Manila, files a complaint
against Fedeserio C. Camarao, President, that University, for Nepotism.

In his sworn affidavit-complaint, Professor Marquez decries as nepotic the designation made by President
Camarao of his wife, Dr. Gloria C. Camarao, Professor VI, College of Science, as Assistant to the Vice President
for Academic Affairs (AVPAA) on Research, Extension and Graduate Education, same University. He further notes
that the designation order issued by President Camarao, stating that Dr. Camarao will remain as a core faculty of
the College of Science is a ploy to circumvent the law, hence, considered `nepotism in disguise.

The TUP Order No. 45, s. 2001 which is adverted to above reads in full, as follows:

1. To help strengthen research and extension at the level of the colleges in the main campus
and the graduate program of the University, Dr. Gloria C. Camarao, Professor of the College
of Science, is hereby designated as Assistant to the Vice President for Academic Affairs
(VPAA) on Research, Extension and Graduate Education.

2. As Assistant to the VPAA, Dr. Camarao shall perform the following functions:

`a. Assists the VPAA in matters pertinent to the planning, implementation and
advancement of research and extension in the Manila campus, and the
PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com
 graduate education of the University;

`b. Assists the Coordinators of research and extension in the colleges and the
Coordinators of graduate education in the development of programs/projects
that are aligned to the identified University directions in research, extension
and graduate education;

`c. Assists in strengthening of the capabilities of the colleges and external

`d. Perform other related tasks as directed by the higher authority.

3. Dr. Camarao will remain as a core faculty of the College of Science.

Apparently, in compliance with civil service law and rules, President Camarao apprised this Commission, in
a letter dated July 19, 2001, of the fact of his having designated his wife, the surrounding circumstances thereof, and
the justifications for the same. The letter states:

This is a report in compliance with Section 49(b) of Article X of PD 807, otherwise known as
the Civil Service Law, which exempts teachers, among others, from the rule on nepotism.

I had appointed my wife, DR. GLORIA C. CAMARAO, as Professor 6 in the College of

Being a university teacher -- an academic rather than and administrative personnel -- she
has to perform the conventional and commonly accepted triologic functions of instruction, research
PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com
 has to perform the conventional and commonly accepted triologic functions of instruction, research
and extension. Thus, in line with the performance of these three academic functions, it was just
proper, natural, and logical that she had likewise been recommended by no less than the Vice
President for Academic Affairs (VPAA) to do certain specific academic tasks as enumerated in the
letter-request of VPAA Josefino Gascon dated July 2, 2001 (Annex B) and which tasks are
essentially reflected in the TUP ORDER No. 45, s. 2001 (Annex C), issued by me, which
designated her as assistant (technical rather than administrative assistant) to the VPAA on
research, extension, and graduate education without additional compensation -- tasks which are not
simply supportive of but rather essentially constitutive of her academic and/or teaching job.

Section 59 of the Administrative Code of 1987 expressly provides:

Sec. 59. Nepotism -- (1) All appointments in the national, provincial, city and municipal
governments or in any branch or instrumentality thereof, including government-owned or controlled
corporations, made in favor or a relative of the appointing or recommending authority, or of the chief
of the bureau or office, or of the persons exercising immediate supervision over him, are hereby
prohibited.

As used in this Section, the word `relative and members of the family referred to are those
related within the third degree either of consanguinity or of affinity.

(2) The following are exempted from the operation of the rules on nepotism: (a) persons
employed in a confidential capacity; (b) teachers; (c) physicians; and (d) members of the Armed
Forces of the Philippines; Provided, however, That in each particular instance full report of such
appointment shall be made to the Commission.

x x x

As a general rule, nepotism is proscribed in the civil service. Public policy appears to be the paramount
consideration behind the prohibition. In the light of the adverse and oftentimes demoralizing effects of the practice of

PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com
 patronage in the workings of the civil service, especially on employees morale, merit and fitness rather than family
bonds or ties, should be, as much as practicable, the singular determinant in effecting appointments and other
personnel actions.

Essentially, as spelled out under the above-quoted provision, there arises nepotism when an appointment is
issued to a relative of either the appointing or recommending authority, the head of the office or the immediate
supervisor of the appointee. The relationship subsisting between the appointee and the official concerned, either by
blood kinship or by fact of marriage, should, however, fall within the proscribed third civil degree for there to be
nepotism, otherwise the same cannot properly be imputed.

Lest it be misconstrued, the rule against nepotism operates not only with regard to appointments but its
coverage extends just as well to other personnel actions such as promotion and designation. So held by the
Supreme Court in one case:

Petitioner, however, contends that since what he extended to his brother is not an
appointment, but a DESIGNATION, he is not covered by the prohibition. Public respondent
disagrees, for: `By legal contemplation, the prohibitive mantle on nepotism would include
designation, because what cannot be done directly cannot be done indirectly. We cannot accept
petitioners view. His specious and tenuous designation between appointment and designation is
nothing more than either a ploy ingeniously conceived to circumvent the rigid rule on nepotism or a
last-ditch maneuver to cushion the impact of its violation. The rule admits of no distinction between
appointment and designation. Designation is also defined as `an appointment or assignment to a
particular office; and `to designate means `to indicate, select, appoint, or set apart for a purpose or
duty. (Laurel vs. Civil Service Commission, 203 SCRA 195) (Underscoring supplied)

Nonetheless, the prohibition is not one sheathed in ironclad armor. It does not purport to be absolute. On the
contrary, as can readily be discerned from the language of the law, certain exceptions therefrom are recognized.
Confidential employees, teachers, physicians and members of the military are expressly outside the purview of the
stricture. Thus, even if the appointee is related within the prohibited degree, say, to the appointing authority, but it
PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com
 stricture. Thus, even if the appointee is related within the prohibited degree, say, to the appointing authority, but it
happens that his appointment pertains to a position of confidential nature, no case for nepotism may be found to lie.

In the case at bar, there is no question that the appointment of Dr. Camarao as Professor VI, even though
issued by her husband, does not amount to nepotism. In fact, Professor Marquez does not assail the propriety of the
said appointment. Perhaps, this is because of the implicit recognition or acknowledgement, and rightly so, of the
fact that as Professor VI, she can be considered as a teacher within the contemplation of the exemption. What is
actually being challenged on the ground of nepotism was the subsequent designation of Dr. Camarao as Assistant
to the Vice-President for Academic Affairs.

So then, did her designation as AVPAA remove Dr. Camarao from the ambit of the exemption? In other
words, did her status as a teacher change following her designation so as to place her already within the reach of
the prohibition?

The ultimate resolution of the case evidently rests on the determination of what the term teacher means,
under the contemplation of the provision on nepotism.

On this score, it is necessary to bear in mind a fundamental rule in statutory construction that statutes which
are in pari materia or relating to the same subject matter should be reasonably construed together in order to come
up with a complete and coherent legal system. Every statute should be so construed and harmonized with other
statutes as to form a uniform system of jurisprudence. x x x For the assumption is that whenever the legislature
enacts a law it has in mind the previous statutes relating to the same subject matter, and in the absence of any
express repeal or amendment the new statute is deemed enacted in accord with the legislative policy embodied
in those prior statutes. Provisions in an act which are omitted in another act relative to the same subject matter
will be applied in a proceeding under the other act, when not inconsistent with its purpose. (Agpalo, Statutory
Construction [3rd Edition], pp. 209-210; citing the cases, inter alia, of Valera vs. Tuason [80 Phil. 823]; and
Corona vs. Court of Appeals [214 SCRA 378]).

Conformably with the above canon of statutory construction, and since the exempting clause on nepotism
envisages or speaks of teacher, then recourse maybe had to other existing laws, which similarly treat of teachers,
PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com
 in order to shed light on the real import or meaning of the word.

On such law is the Republic Act No. 4670 or the Magna Carta for Public School Teachers. Under
Section 2 thereof, it defines teacher, to wit:

x x x (T)he term `teacher shall mean all persons engaged in classroom teaching, in any
level of instruction, on full-time basis, including guidance counselors, school librarians, industrial
arts or vocational instructors, and all other persons performing supervisory and/or administrative
functions in all schools, colleges and universities operated by the Government or its political
subdivisions; but shall not include school nurses, school physicians, school dentists, and other
school employees. (Underscoring supplied)

A cursory perusal of the provision above-quoted evinces that a teacher, contrary to laymans perception,
does not solely and exclusively pertain to one engaged in classroom instructions. A school personnel in a state
university or college clothed or vested with functions relating to supervision and administration is likewise deemed to
be a teacher.

Using the above as yardstick, it becomes ineluctable that Dr. Camaraos designation as AVPAA did not
render her less of a teacher. Her added duties and responsibilities, entailed by her designation, of assisting the
Vice President for Academic Affairs and other school officials in such areas as planning, implementation and
advancement of research and extension; development of programs/projects aligned to the identified goals of the
University; and strengthening of capabilities of the colleges and satellite campuses -- all these partake of the nature
of administrative work, which forms an integral part of the multifarious roles of teachers, going by the language of the
Magna Carta for Public School Teachers.

Moreover, Dr. Camaraos designation states that she will remain a core faculty of the College of Science.
Rather than view this as an ingenious scheme to circumvent the rule on nepotism, as what Professor Marquez seeks
to impress, this is just a natural consequence considering that designation merely implies the temporary imposition
of additional duties and responsibilities (Section 6[e], Rule III, Revised Omnibus Rules on Appointments and
Other Personnel Actions, as amended). Dr. Camarao did not lose her professorial position just because of her
PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com
 Other Personnel Actions, as amended). Dr. Camarao did not lose her professorial position just because of her
designation.

All told, the Commission finds no prima facie evidence to sustain the imputation of nepotism in the
designation of Dr. Gloria Camarao by Dr. Fedeserio C. Camarao.

WHEREFORE, the present complaint is hereby DISMISSED.

Quezon City, October 16, 2001

(Signed)
J. WALDEMAR V. VALMORES
Commissioner

O.B.
KARINA CONSTANTINO-DAVID
Chairman

(Signed)
JOSE F. ERESTAIN, JR.
Commissioner

Attested by:

(Signed)
ARIEL G. RONQUILLO
Director III

PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com
 FPG/RT M/X1/Y22/jca164
D-01-0307
20010824-065
/camaraor

PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com