The legal section of the DILG-Central Office in Manila clarified that under the Local Government Code, the rule of nepotism applies only to the career service and not in the case of barangay tanods.
Queries about the legality of hiring tanods related to barangay officials rose after speculations that this is a violation of the law against nepotism.
In one particular case, a barangay captain of Quezon City asked the DILG if the appointment of his brother-in-law and relatives of the barangay councilmen as tanods constitutes a violation of the law on nepotism.
The Civil Service Law defines nepotism as bestowal of patronage by public officers in appointing others to positions by reason of blood or marital relationship to the appointing authority.
Law prohibits this and the prohibition has been reiterated in Section 79 of the Local Government Code concerning local officials and employees.
It said "no person shall be appointed in the career service of the local government if he is related within the fourth civil degree of consanguinity or affinity to the appointing authority."
"In this regard, this will not apply to tanods who are not career service," the DILG legal expert said. - Rene U. Borromeo