Atthesametimehowevertheintentionisnotto protect local

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Unformatted text preview: inting authority cannot unilaterally revoke it. But the CSC may do so if it decides that the requirements were not met. (De Rama v. CA, G.R. No. 131136 Feb. 28, 2001) Q: May a mayor appoint his wife as head of Office of General Services? 212 A: No. Mayor is not allowed even if the wife is qualified because of prohibition against nepotic appointments. (Sec. 59, Book 5 of RAC) This prohibition covers all appointments, original and personnel actions (promotion, transfer, reinstatement, re‐employment). (Debulgado v. CSC, G.R. No. 111471, Sept. 26, 1994) Note: The boyfriend of the daughter of the mayor was appointed to a post. When his appointment was temporary, he became the son‐in‐law. Mayor then recommended that his appointment become permanent. This was considered nepotism and was disallowed (CSC v. Tinaya, GR 154898 Feb.16, 2005) 3.g. Provisions Applicable to Elective and Appointive Officials Q: What are the prohibited business and pecuniary interest? A: 1. Engage in any business transaction with the local government unit in which he is an official or employee or over which he has the power of supervision, or with any of its unauthorized boards, officials, agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred directly or indirectly, out of the resources of the local government unit to such person or firm. 2. Hold such interests in any cockpit or other games licensed by a local government unit; 3. Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or assessment, or by virtue of a legal process at the instance of the said local government unit. 4. Be a surety for any person contacting or doing business with the local government unit for which a surety is required; and 5. Possess or use any public property of the local government unit for private purposes. (Sec. 89 LGC) POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO,...
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This document was uploaded on 03/12/2014.

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