Professional Documents
Culture Documents
Ombudsman Complaint
Ombudsman Complaint
QUEZON CITY )
COMPLAINT-AFFIDAVIT
Unless otherwise provided by law, the word "relative" and the members of
the family refereed to are those related within the third degree either of
consanguinity or of 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
Similar provisions are provided under Book V, Title I(A), Chapter 8, Section 59 of
Executive Order No. 292, also known as the Administrative Code of 1987, prohibiting
nepotic appointments or those made in favor of a relative of the appointing or
recommending authority, or of the chief of bureau or office, or of the persons
exercising immediate supervision over the appointee.
Page 1 of 4
The word “relative” under the said Code refers to those related within the third degree
of consanguinity (relationship by blood) or affinity (relationship by marriage) such as
spouse (1st degree), children (1st degree), sibling (2nd degree), nephew and niece
(3rd degree), and uncle and aunt (3rd degree).
The foregoing are intended to implement Article IX(B), Section 2(2) of the 1987
Philippine Constitution which states, “Appointments in the civil service shall be made
only according to merit and fitness to be determined, as far as practicable, and, except
to positions which are policy-determining, primarily confidential, or highly technical, by
competitive examination.”
Lastly, Republic Act 6713 or the Code of Conduct and Ethical Standards for
Public Officials and Employees, provides that no public official shall extend favors to
their relatives on account of their office, including making appointments to positions
within which they have control or influence:
(c) Justness and sincerity. - Public officials and employees shall remain
true to the people at all times. They must act with justness and sincerity
and shall not discriminate against anyone, especially the poor and the
underprivileged. They shall at all times respect the rights of others, and
shall refrain from doing acts contrary to law, good morals, good customs,
public policy, public order, public safety and public interest. They shall not
dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly
confidential or as members of their personal staff whose terms are
coterminous with theirs.
5. The instant case falls squarely in the above-cited case of CSC vs.
Dacoycoy. Mr. Lyle Ronald Chi Yap was hired as Administrative Officer I as evidenced
by the University verified List of reps and Administrative Staff as of March 2019, labeled
as Exhibit “A” and attached to this complaint;
Page 2 of 4
7. In view of the foregoing, we are charging the Respondent for violating the
above-mentioned laws on Anti-Graft and Corrupt Practices via engaging in nepotism,
and praying for the rightful consequence against her under existing civil service rules
and laws, including dismissal from service.
.
IN WITNESS WHEREOF, we have signed this affidavit this ____ day of _____in
Quezon City, Metro Manila.
Affiant Affiant
Affiant Affiant
Affiant Affiant
VERIFICATION
The undersigned, after having been sworn in accordance with law, depose and
state that:
3. We have read and understood the contents thereof and the same are true and
correct to the best of our knowledge and belief; and
4. We have not commenced any action or proceeding involving the same issues
before the Supreme Court, Court of Appeals, or any Tribunal or Agency and there is no
such pending action with the said Courts or Agency; and that We undertake to report to
the corresponding Court the existence of such case within five (5) days from discovery
thereof.
Page 3 of 4
Affiant Affiant
Page 4 of 4