GR 135805; (April, 1999) (Digest)
G.R. No. 135805 , April 29, 1999
CIVIL SERVICE COMMISSION, petitioner, vs. PEDRO O. DACOYCOY, respondent.
FACTS
Respondent Pedro O. Dacoycoy was the Vocational School Administrator of Balicuatro College of Arts and Trades. A complaint for nepotism was filed against him after his two sons, Rito and Ped Dacoycoy, were appointed as driver and utility worker, respectively, at the same school. The Civil Service Commission (CSC), after investigation, found Dacoycoy guilty of nepotism and dismissed him from service. The CSC ruled that although Dacoycoy did not directly sign the appointments, his sons were placed under his immediate supervision, constituting a violation.
The Court of Appeals reversed the CSC’s decision. It held that Dacoycoy could not be guilty of nepotism because he was neither the appointing nor the recommending authority for his sons’ positions. The appointments were recommended by Mr. Jaime Daclag, the Vocational Department Head, and approved by DECS officials. The CSC appealed this decision to the Supreme Court.
ISSUE
Whether respondent Pedro O. Dacoycoy is guilty of nepotism under Section 59 of the Administrative Code of 1987, despite not being the formal appointing or recommending authority for his relatives.
RULING
Yes, the Supreme Court reversed the Court of Appeals and reinstated the CSC’s resolution, finding Dacoycoy guilty of nepotism. The legal logic centers on a broad interpretation of Section 59. The prohibition covers not only appointments made by an appointing or recommending authority in favor of a relative but also appointments made in favor of a relative of “the chief of the bureau or office, or of the persons exercising immediate supervision over him.”
The Court found that Dacoycoy, as School Administrator, was the chief of the office. The appointments of his sons were made to positions under his immediate supervision, as evidenced by performance ratings he certified and a position description form. The fact that a subordinate, Mr. Daclag, acted as the recommending authority did not absolve Dacoycoy. The Court deemed this a circumvention of the law, with Dacoycoy’s “unseen but obvious hand” behind the appointments. The law’s comprehensive purpose is to prevent conflicts of interest and corruption, and it is immaterial who performed the technical act of appointment when the relative of the supervising chief benefits. Thus, Dacoycoy’s dismissal was proper.