Nepotism in government is prohibited by law. Favoring one’s kin in appointments in public office is downright selfish and marked as a shady practice. Nepotism is a dirty word since every action considered virtuous reflects taboo against selfishness and conflicts with our cultural belief in fair play. The public is deprived of efficient and effective public service expected from competent applicants who were not hired because of lack of kinship, by blood or affinity, to the appointing public officer serving in a republican government. The Constitution extols the dignity of public office that is imbued with public trust and is outside the commerce of man, and cannot be the object of property rights (Section 1, Article XI, 1987 Constitution). Despite the legal and societal condemnation of it, the prohibition against nepotism in government is not absolute, especially in the barangay level.

When E.O. Wilson’s work Sociobiology came out in 1975, an explosion of interest in the biological basis of cooperation transpired. Authors on the subject all agree that nepotism is the ultimate source of social behavior in the animal kingdom. According to Raghavendra Gadagkar, “when animals favor close genetic relatives or distant relatives as recipients of beneficial acts, they are said to be practicing nepotism,” which is the hallmark of a “social species”- those that display a capacity for cooperation in mating, provisioning, defense and the rearing of the young. Allan Bellows (In Praise of Nepotism, 2003) writes that nepotism is imprinted in the human flesh and is an essential tool in the establishment of family and society. It is natural for a mother to take care of her child, oftentimes with the help of relatives. It is also natural for the father to bequeath the surname, skills and knowledge of work, trade or business, and assets to his offspring. Although all animals have nepotism imbedded in their cells, human nepotism is unique because kin selection extends to an adopted person and to friends, both not related by blood to the benefactor.

It is not surprising to have a family of doctors, engineers, nurses, lawyers, teachers, carpenters, mechanics, dressmakers, shoemakers, gardeners, masons, businessmen, soldiers, policemen, firemen, politicians, musicians, singers, dancers, painters, photographers, athletes in various sports, and in showbusiness. As a matter of fact, I belong to a family of lawyers from grandfather to grandchildren.

In the private sector, it is common practice for the owner of an enterprise to groom his or her child to manage the business that will one day be passed on to the child. On the darker side, we have criminal outfits like the mafia, yakuza, triads and gangs composed of kinsfolks or those who share a common initiation process that binds them.

In the political realm, the Constitution prohibits political dynasties but did not define what it is. Unfortunately, the responsibility of determining it was left to the legislature filled with the kin of political families ruling local governments and national positions for decades. RA 11768 was enacted in 2022 disqualifying Sangguniang Kabataan candidates related within the second civil degree of consanguinity or affinity to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where the appointive or elective official seeks to be elected. No follow through on other elective positions is expected any time soon.

Nepotism is prohibited in Section 4[c] RA 6713 but excluded those holding “confidential” or serves as “personal staff with co-terminus term”. Section 79, Local Government Code (LGC), prohibits a public officer from appointing relatives up to the fourth degree of consanguinity or affinity to positions covered by the civil service in the local government. Sections 394 and 396, LGC expressly forbids the Punong barangay from appointing a relative by consanguinity or affinity up to the 4th degree to be a barangay secretary or treasurer. For the national government, the prohibition in Section 59, Chapter 7, Subtitle A Title I Book V of the Revised Administrative Code (RAC) is up to a relative to the third degree of consanguinity or affinity.

In any election, candidates rely on the influence of their clans in vote-getting. It is a great honor for a clan to have a relative be elected in the local government or in a national office. They can approach their relative to help them ease the unpleasantness of dealing with government.

Instead of taking advantage of the exceptions against nepotism laid down in RA 6713, LGC and RAC, it would be ideal for a Punong Barangay to take the high moral ground to prevent criticism that the Pamahalaang Barangay has turned into a family enterprise due to nepotistic appointments. But ideal is far from reality.