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Thursday, October 12, 2006
17 execs in test leakage scandal to face charges
MANILA -- The National Bureau of Investigation (NBI) is set to file criminal charges against 17 persons from three nursing review centers in connection with the leakage scandal that marred the nursing licensure examinations last June.
"We have conducted investigation nationwide and we will be filing appropriate charges today (Wednesday) before the Office of the Secretary of the Department of Justice (DOJ)," NBI Director Nestor Mantaring said Wednesday during a regular media briefing in Malacanang with Executive Secretary Eduardo Ermita.
Mantaring said the leakage covering Tests 3 and 5 happened only in Baguio and Metro Manila contrary to reports that the leaked questionnaires also involved Tests 1 and 2 and had reached review centers in the Visayas and Mindanao.
He said the charges are based on the testimonies of about 20 witnesses, on top of documentary evidence such as the test manuscript prepared by the examiner that found its way to three nursing review centers.
"We are recommending the filing of charges against 17 people in connection with this investigation and we found evidence to support our findings that the leakage was in the areas of Baguio and Manila," Mantaring said.
Mantaring said they will furnish the Department of Labor and Employment (Dole) a copy of their report.
He said the charges are for possible violation of the provisions of Republic Act No. 8981 or the Professional Regulation Commission (PRC) Modernization Act of 2000.
Mantaring, who declined to identify the 17 or the review centers they belong to until the charges had been filed, said the violation carries a penalty of imprisonment of at least six to 12 years and one day.
Mantaring said their investigation showed that two members of the Board of Nursing were behind the leakage.
The Office of the Ombudsman is now investigating board examiners Virginia Madeja and Anesia Dionisio for possible criminal and administrative liabilities.
Government personnel involved in the scandal also face separate administrative cases.
He also expressed confidence that the results of their investigations, which were conducted nationwide, would "warrant conviction."
The NBI recommendation, however, does not contain any stand on the retake issue although it mentioned that there were 42,000 nursing students who took the exams and about 42 percent or only some 17,300 students passed.
Executive Secretary Eduardo Ermita said the final decision would be handled at the Cabinet level.
He said a copy of the NBI report had also been submitted to Labor Secretary Arturo Brion who is expected to submit his recommendations particularly on the possible retake of the examinations, who would be covered and what areas by Saturday.
He said it would be forwarded to President Gloria Macapagal-Arroyo by weekend "and by Monday there should be an instructions from the President on her decision as far as the recommendation that the labor secretary will prepare or will submit."
He added that it is better to await the recommendation on the matter, which would be contained in an administrative order (AO). He said aside from the NBI report, the possible impact of the AO on the case pending before the Court of Appeals (CA) would also be considered before it is submitted to President Arroyo.
Ermita said they would also await the stand or action to be taken by Brion on the outbursts of PRC Chairman Leonor Rosero who complained that she was not even consulted before the transfer supervision and control over her agency from the Office of the President to Dole was made.
He said they in Malacañang, including the President, were disappointed over Rosero's statements. "We find that it is the correct thing to do, to place them under the labor department because they have not been able to take a fast enough action to be able to control the ill effects of this nursing leakage, nursing exams leakage so we will continue with our plan to have the Dole oversee the activities of the PRC," he said.
Ermita added that it is the prerogative of the President to issue the EO through the executive secretary and "it's not for anyone to question such an action." He said he would just await actions from the Dole as he does not want to make any premature statement "about what further action or sanction that we will do on any agencies of government or heads of agencies of government who seem to be different in looking at certain issues in spite of instructions coming from the Office of the President."
Arroyo on October 9 issued Executive Order (EO) No. 565-A amending EO 565, which she issued on Sept. 11, 2006, that defines the relationship between the Dole and the PRC. The EO also delegates the presidential power of control over the PRC to the labor secretary.
In the order, the President still has the control over the PRC but she sees it fit to delegate this control powers to the labor secretary who is her alter-ego. The PRC would remain an attached agency of the Dole.
The EO also states that the labor secretary would oversee the operations of the PRC and insure that it is managed effectively, efficiently and economically; cause the conduct of audit, performance evaluation and inspection to determine compliance with standards and regulations; take action for the proper performance of official functions including rectification of violations, abuses and other forms of misadministration; and to review and pass upon budget proposals but not to increase or add to them.
The labor secretary was also given power to direct the performance of duty or restrain commission acts; review, approve, modify or reverse acts and decisions of the PRC and its officials; determine priorities in executions of plans and programs; prescribe standards, guidelines, plans and programs. (JMR/Sunnex)
(October 12, 2006 issue)
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