THE Court of Appeals (CA) has overturned the ruling of the Civil Service Commission (CSC) with respect to the nepotism case filed against Claudia D. Narisma by Mauricia Sarigumba Bapilar, both of Corella town. In its nine-page decision, the CA has “set aside” CSC Resolutions Nos. 081394 issued on July 2007 and 082304 dated December 15, 2008 that disqualified Narisma in her appointment as Sangguniang Bayan secretary of Corella, Bohol. “The appointment of petitioner Claudia Narisma (who filed for review of her case) is declared as not violative of the proscription against nepotism under section 79 of the Local Government Code,” said the CA's 20 th division. Its decision docketed as CA-G. R. CEB-SP NO. 04084 and promulgated November 5, 2010 was signed by Associate Justices Edgardo De los Santos, Pampio Abarintos and Agnes Reyes-Carpio. But the appellate court denied Narisma's request for entitlement in the form of back salaries for services rendered from July 2007 to September 2007, citing that such is under administrative case which is “distinct and different from the case on hand.”

The case on hand arose from Narisma's appointment as SB secretary issued by then acting Vice-Mayor Maria Asuncion B. Daquio on January 28, 2005. The appointment of Narisma was carried out when then Vice-Mayor Isabelo Daquipil took a leave of absence on Dec. 10, 2004 to January 31, 2005. Narisma's close relation by affinity within 4 th civil degree to Daquipil prompted Bapilar to file nepotism case against the former with the CSC, which found the grounds valid. The CA found CSC erred in “finding that the appointment of Narisma is nepotistic.” Under section 79 of the Local Government Code, it provides that no person shall be appointed in the career service of the local government if he is related within the 4 th civil degree of consanguinity or affinity to the appointing or recommending authority.” The CA stressed that Daquio, as acting vice-mayor, has the authority to make such appointment of Narisma based on section 445 of the same Code. This is also upheld by the CSC, it said. It added the appointing authority, in this case it is Daquio, “is not in anyway related to the petitioner (Narisma). Thus, the petitioner's  appointment does not violate section 79 of the LGC,” CA concluded. Narisma is assisted by lawyer Lord Marapao IV. (RVO w/ reports from Sen Guingging)