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CA stops nurses' oath-taking over leakage in licensure exam

CA stops nurses' oath-taking over leakage in licensure exam

By Tetch Torres
Last updated 05:45pm (Mla time) 08/18/2006

THE COURT of Appeals has issued a temporary restraining order (TRO) against the August 22 oath-taking ceremonies of nurses who passed the 2006 licensure exam pending the resolution of the controversy surrounding the alleged leakage of test questions.

In a two-page resolution, the court’s Third Division also ordered the Professional Regulation Commission (PRC) and the Board of Nursing “to cease and desist” from enforcing Board Resolution 31, which they issued to invalidate the two parts of the licensure test that were allegedly given to the examinees ahead of the June 11 and 12 tests.

Following the scrapping of the questionable portions, the computations of the examinees’ scores were also revised based on the average ratings of the other topics in the test.

"The respondents and all those acting in their behalf, are directed to cease and desist from enforcing the assailed Board Resolution 31 dated July 17 and from proceeding with the oath-taking allegedly scheduled on August 22," the appeals court said in its resolution penned by Associate Justice Vicente Veloso.

The court said it was issuing the TRO to “preserve the rights of petitioners pending disposition of the subject petition and so as not to render any judgment hereon moot and academic.”

In their petition for a TRO, the University of Sto. Tomas College of Nursing Faculty Association, the League of Concerned Nurses, and the Binuklod na Samahan ng mga Student Nurses (Federation of Student Nurses Organizations) told the Court of Appeals that the PRC and the Board of Nursing violated Republic Act 9173 or the Philippine Nursing Act of 2002 by putting the publics health and safety at risk.

Section 14 of RA9173 provides the scope of the Nursing board exam while Section 15 provides the rating that examinees need to pass.

The appeals court set a hearing for preliminary injunction on September 14 at the Paras Hall.

The PRC and the Board of Nursing were given 10 days to comment while the petitioners had five days to reply.


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