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Merit and Fitness

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DEFINITION OF FAVORITISM, CRONYISM and NEPOTISM:

FAVORITISM – the broadest of these related terms. It is favoring a person not because he or
she is doing the best job but rather because of some extraneous feature-membership in a
favored group, personal likes and dislikes, etc. It can be demonstrated in hiring, honoring, or
awarding contracts.

CRONYISM – is a more specific form of favoritism, referring to partiality towards friends and
associates. It occurs within a network of insiders – the good ol’ boys, who confer favors on one
another.

NEPOTISM – an even narrower form of favoritism. Coming from the Italian word for nephew. It
covers favoritism to members of the family.

Section 59, Chapter 7, Book 5 of EO No. 292 reads:

“ 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 of a relative ( within the third degree) of the appointing
and recommending authority , or the chief of the bureau or office, or the persons exercising
immediate supervision over him, are hereby prohibited.”

Clearly, all appointments extended to relatives within the third (3 rd) degree of the following
persons are prohibited:

1. Appointing Authority
2. Recommending Authority
3. Chief Of Bureau or Office; and
4. Person exercising immediate supervision over the appointee.

In Debulgado vs CSC, the Supreme Court had the occasion to rule on the coverage and
purpose of the prohibition on nepotism, as follows:

“The original appointment of a civil service employee and all subsequent personnel
actions undertaken by or in respect of that employee must comply with the prohibition against
nepotism is to ensure that all appointments and other personnel actions in the civil service
should be based on merit and fitness and should never depend on how close or intimate an
appointee to the appointing power. Xxx The prohibition against nepotism applies quite without
regard to the actual merit of the proposed appointee and to the good intentions of the
appointing or recommending authority. Xxx The purpose of the prohibition against nepotism is
precisely to take out the discretion of the appointing or recommending authority the matter of
appointing or recommending for appointment a relative.”

What the law specifically prohibits is NEPOTISM. This is because a biased judgment can
be readily expected. However, whether it is nepotism, cronyism, or even just plain favoritism,
the evil sought to be prevented by this provision of law is the granting of undue favor or
preference to otherwise unqualified applicants.

Merit and fitness means demonstrated education, training, experience, performance,


knowledge, skills, ability, licenses, certifications, and fitness to perform essential functions of a
position.

In a merit system, employees are hired, promoted, rewarded, and retained on the basis
of individual ability and fitness for employment without regard to race, color, sex, religion, age,
or national origin. Central to this principle is the protection of employees from discrimination,
improper political influence, and personal favoritism. The basic tenant of the merit system
requires that individuals hired into and promoted within the civil service be selected on the
basis of job-related qualifications and that such selection decisions be free of illegal
discrimination and political patronage.

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