This is to certify that pursuant to the provisions of R.A. 7160, otherwise known as the Local Government Code of 1991, all restrictions/requirements relative to creation of positions, hiring and issuance of appointments, Section 325 on the limitations for personal services in the total/supplemental appropriation of a local government unit; salary rates; abolition and creation of positions, etc.; Section 76, organizational structure and staffing pattern; Section 79 on nepotism; Section 80, posting of vacancy and personnel selection board; Section 81 on compensation, etc. have been duly complied with in the issuance of this appointment.
This is to certify further that the faithful observance of these restrictions/requirements was made in accordance with the requirements of the Civil Service Commission before the appointment was submitted for review and action.8 (Emphasis supplied.)
Criminal Case No. 26181
That on or about the 14th day of February, 1994, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused, public officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Service, as of December 31, 1993, filed by accused Rosalio S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear therein that they are not related within the fourth degree of consanguinity or affinity thereby making untruthful statements in a narration of facts, when in truth and in fact, accused very well k[n]ew that they are related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong within the fourth degree of consanguinity, the mother of accused Rosalio S. Galeos [being] the sister of the mother of accused Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26182
That on or about the 15th day of February 1994, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Federico T. Rivera] accused, public officers, being the former Municipal Mayor and Plumber I of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Service as of December 31, 1993, filed by accused Federico T. Rivera and subscribed and sworn to before accused Paulino S. Ong, wherein accused Federico T. Rivera made it appear therein that he has no relatives within the fourth degree of consanguinity or affinity working in the government, thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well knew that they are related with each other, since accused Federico T. Rivera is related to accused Paulino S. Ong within the fourth degree of affinity, the mother of Federico T. Rivera's wife being the sister of the mother of Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26183
That on or about the 1st day of February, 1996, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused, public officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Service, as of December 31, 1995, filed by accused Rosalio S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear therein that they are not related within the fourth degree of consanguinity or affinity thereby making false statements in a narration of facts, when in truth and in fact, as accused very well k[n]ew that they are related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong within the fourth degree of consanguinity, the mother of accused Rosalio S. Galeos being the sister of the mother of accused Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26184
That on or about the 1st day of February 1996, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Federico T. Rivera] accused, public officers, being the former Municipal Mayor and Plumber I of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In The Government Service, [a]s of December 31, 1995, filed by accused Federico T. Rivera and subscribed and sworn to before accused Paulino S. Ong, wherein accused Federico T. Rivera made it appear therein that he has no relatives within the fourth degree of consanguinity or affinity working in the government, thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well knew that they are related with each other, since accused Federico T. Rivera is related to accused Paulino S. Ong within the fourth degree of affinity, the mother of Federico T. Rivera's wife being the sister of the mother of Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26185
That on or about the 5th day of February 1997, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Federico T. Rivera] accused, public officers, being the former Municipal Mayor and Plumber I of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In The Government Service, [a]s of December 31, 1996, filed by accused Federico T. Rivera and subscribed and sworn to before accused Paulino S. Ong, wherein accused Federico T. Rivera made it appear therein that he has no relatives within the fourth degree of consanguinity or affinity working in the government, thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well knew that they are related with each other, since accused Federico T. Rivera is related to accused Paulino S. Ong within the fourth degree of affinity, the mother of Federico T. Rivera's wife being the sister of the mother of Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26186
That on or about the 3rd day of March, 1995, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused, public officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Services, as of December 31, 1994, filed by accused Rosalio S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear therein that they are not related within the fourth degree of consanguinity or affinity thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well k[n]ew that they are related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong, within the fourth degree of consanguinity, the mother of accused Rosalio S. Galeos being the sister of the mother of accused Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26187
That on or about the 11th day of March, 1997, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused, public officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating, together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Service, as of December 31, 1996, filed by accused Rosalio S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear therein that they are not related within the fourth degree of consanguinity or affinity thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well k[n]ew that they are related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong within the fourth degree of consanguinity, the mother of accused Rosalio S. Galeos being the sister of the mother of accused Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26188
That on or about the 1st day of June, 1994, at the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named accused, a public officer, being the former Mayor of the Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Certification in the form of a letter addressed to Mrs. Benita O. Santos, then Regional Director of the Civil Service Commission (CSC)-Region VII, Cebu City dated June 1, 1994, a requirement in the approval of an appointment, certifying therein that there was a faithful compliance of the requirement/restriction provided under the Civil Service Laws and Rules in the appointment of Rosalio S. Galeos, as Construction and Maintenance Man of the Office of the Municipal Engineer, Naga, Cebu, thereby making untruthful statements in a narration of facts, when in truth and in fact as accused very well knew that the appointment of Rosalio S. Galeos was nepotic being made in violation of the Civil Service Rules and Laws on Nepotism, as Rosalio S. Galeos is related to accused within the fourth degree of consanguinity, since the mother of Rosalio S. Galeos is the sister of the mother of accused, which Certification caused the approval of the appointment of Rosalio S. Galeos, to the detriment of public interest.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26189
That on or about the 1st day of June, 1994, at the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named accused, a public officer, being the former Mayor of the Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Certification in the form of a letter addressed to Mrs. Benita O. Santos, then Regional Director of the Civil Service Commission (CSC), Region VII, Cebu City, dated June 1, 1994, a requirement in the approval of an appointment, certifying therein that there was a faithful compliance of the requirement/restriction provided under the Civil Service Laws and Rules in the appointment of Federico T. Rivera, a Plumber I of the Office of the Municipal Engineer, Naga, Cebu, thereby making untruthful statements in a narration of facts, when in truth and in fact as accused very well knew that the appointment of Federico T. Rivera was nepotic being made in violation of the Civil Service Rules and Laws on Nepotism, as Federico T. Rivera is related to accused within the fourth degree of affinity, since the mother of Federico T. Rivera's wife is the sister of the mother of accused, which certification caused the approval of the appointment of Federico T. Rivera, to the detriment of public interest.
CONTRARY TO LAW. (Emphasis supplied.)
WHEREFORE, judgment is hereby rendered on the following:
In Criminal Case No. 26181, judgment is hereby rendered finding accused Paulino S. Ong and Rosalio S. Galeos GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26182, judgment is hereby rendered finding accused Paulino S. Ong and Federico T. Rivera GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26183, judgment is hereby rendered finding accused Paulino S. Ong and Rosalio S. Galeos GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26184, judgment is hereby rendered finding accused Paulino S. Ong and Federico T. Rivera GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26185, judgment is hereby rendered finding accused Paulino S. Ong and Federico T. Rivera GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26186, judgment is hereby rendered finding accused Paulino S. Ong and Rosalio S. Galeos GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26187, judgment is hereby rendered finding accused Paulino S. Ong and Rosalio S. Galeos GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS, and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26188, judgment is hereby rendered finding accused Paulino S. Ong NOT GUILTY for Violation of Article 171 of the Revised Penal Code for failure of the Prosecution to prove his guilt beyond reasonable doubt; and
In Criminal Case No. 26189, judgment is hereby rendered finding accused Paulino S. Ong GUILTY beyond reasonable doubt for Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, is hereby sentenced to suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY of Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
SO ORDERED.20
1) . . . IT HELD THAT THE SUBJECT DOCUMENTARY EVIDENCE CONTAINED UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS.
2) . . . IT DID NOT CONSIDER PETITIONER'S VALID DEFENSE OF GOOD FAITH AND LACK OF INTENT TO COMMIT THE CRIMES IMPUTED.
3) . . . IT GAVE FULL CREDENCE TO THE TESTIMONY OF THE SOLE WITNESS FOR THE PROSECUTION.22
(a)
. . . IT HELD THAT THE SUBJECT DOCUMENTARY EVIDENCE CONTAINED UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS.(b)
IN CRIMINAL CASES NOS. 26181-26187, [IT HELD] THAT A PERSON MERELY ADMINISTERING THE OATH IN A DOCUMENT IS GUILTY OF THE CRIME OF FALSIFICATION BY MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS.(c)
. . . IN CRIMINAL CASE NO. 26189, ... IT INFER[R]ED, DESPITE THE COMPLETE ABSENCE OF ANY RELEVANT AND MATERIAL EVIDENCE, THAT RESPONDENT'S EXHIBIT "I" (OR PETITIONER'S EXHIBIT "8") REFERS TO OR SUPPORTS THE APPOINTMENT OF FEDERICO T. RIVERA.23
Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. -- The penalty of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
x x x x (Emphasis and italics supplied.)
(a) the offender makes in a public document untruthful statements in a narration of facts;
(b) he has a legal obligation to disclose the truth of the facts narrated by him; and
(c) the facts narrated by him are absolutely false.26
No person shall be appointed in the local government career service if he is related within the fourth civil degree of consanguinity or affinity to the appointing power or recommending authority.
SEC. 9. No appointment in the national, provincial, city or municipal governments or any branch or instrumentality thereof, including government owned or controlled corporations with original charters shall be made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office or of the person exercising immediate supervision over the appointee.
Unless otherwise provided by law, the word "relative" and the members of the family referred to are those related within the third degree either of consanguinity or of affinity.
In the local government career service, the prohibition extends to the relatives of the appointing or recommending authority, within the fourth civil degree of consanguinity or affinity.
x x x x
The nepotism rule covers all kinds of appointments whether original, promotional, transfer and reemployment regardless of status including casuals and contractuals except consultants. (Emphasis supplied.)
(B) Identification and disclosure of relatives38. - It shall be the duty of every public official or employee to identify and disclose to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission.
Nepotism is one pernicious evil impeding the civil service and the efficiency of its personnel. In Debulgado, we stressed that "[T]the basic purpose or objective of the prohibition against nepotism also strongly indicates that the prohibition was intended to be a comprehensive one." "The Court was unwilling to restrict and limit the scope of the prohibition which is textually very broad and comprehensive." If not within the exceptions, it is a form of corruption that must be nipped in the bud or abated whenever or wherever it raises its ugly head. As we said in an earlier case "what we need now is not only to punish the wrongdoers or reward the 'outstanding' civil servants, but also to plug the hidden gaps and potholes of corruption as well as to insist on strict compliance with existing legal procedures in order to abate any occasion for graft or circumvention of the law."43 (Emphasis supplied.)
Endnotes:
* Designated additional member per Special Order No. 944-A dated February 9, 2011.
1 Rollo (G.R. Nos. 174730-35), pp. 51-73. Penned by Associate Justice Diosdado M. Peralta (now a Member of this Court) and concurred in by Associate Justices Teresita J. Leonardo-De Castro (also now a Member of this Court) and Efren N. Dela Cruz.
2 TSN, May 9, 2002, pp. 41-42, 62.
3 Exhibits "J" and "K", folder of exhibits.
4 Exhibits "A" and "B", id.
5 Exhibits "C" and "F", id.
6 Exhibit "D", id.
7 Exhibits "E" and "G", id.
8 Exhibit "I", id.
9 Records, Vol. I, pp. 13-16.
10 Id. at 5-12.
11 Separate folders.
12 Records, Vol. 1, p. 181.
13 Id. at 202-204.
14 "Quinciana" in some parts of the TSN.
15 TSN, May 3, 2001, pp. 11-18.
16 Exhibit "A," folder of exhibits.
17 TSN, May 9, 2002, pp. 22-32.
18 Id. at 12-19.
19 Id. at 33, 42-47, 50-59, 64-72.
20 Rollo (G.R. Nos. 174730-37), pp. 69-72.
21 Id. at 94-98.
22 Id. at 25.
23 Rollo (G.R. Nos. 174845-52), p. 18.
24 Rollo (G.R. Nos. 174730-37), pp. 192-193, 203-207.
25 Id. at 199-201.
26 Fullero v. People, G.R. No. 170583, September 12, 2007, 533 SCRA 97, 114, citing Santos v. Sandiganbayan, G.R. Nos. 71523-25, December 8, 2000, 347 SCRA 386, 424.
27 Id., citing Luis B. Reyes, The Revised Penal Code, Criminal Law (14th Edition, Revised 1998), BOOK TWO, ARTS. 114-367, p. 216, People v. Uy, 101 Phil. 159, 163 (1957) and United States v. Inosanto, 20 Phil. 376, 378 (1911); Adaza v. Sandiganbayan, G.R. No. 154886, July 28, 2005, 464 SCRA 460, 478-479.
28 Regidor, Jr. v. People, G.R. Nos. 166086-92, February 13, 2009, 579 SCRA 244, 263, citing Lastrilla v. Granda, G.R. No. 160257, January 31, 2006, 481 SCRA 324, 345, Lumancas v. Intas, G.R. No. 133472, December 5, 2000, 347 SCRA 22, 33-34, further citing People v. Po Giok To, 96 Phil. 913, 918 (1955).
29 G.R. No. 76212, April 26, 1991, 196 SCRA 341, 350.
30 107 Phil. 888, 890-891 (1960).
31 http://definitions.uslegal.com/c/conclusion-of-law/.
32 Bartolo v. Sandiganbayan, Second Division, G.R. No. 172123, April 16, 2009, 585 SCRA 387, 394.
33 Id.
34 Adm. Matter No. P-985, July 31, 1978, 84 SCRA 280.
35 VII (Prohibitions on Appointments), 2(b).
36 Luis B. Reyes, The Revised Penal Code, Book Two, (17th Edition, Rev. 2008), p. 223.
37 Art. 175, Rule XXII, Rules and Regulations Implementing the Local Government Code of 1991.
38 Sec. 3. x x x
x x x x
(k) "Relatives" refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.
39 People v. Herida, G.R. No. 127158, March 5, 2001, 353 SCRA 650, 659.
40 People v. Lenantud, G.R. No. 128629, February 22, 2001, 352 SCRA 549, 563.
41 Sec. 79. Limitation on Appointments. - 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 or recommending authority.
42 G.R. No. 135805, April 29, 1999, 306 SCRA 425, 435.
43 Id. at 438-439.