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Arroyo urged: Order retake now, not wait for CA

Arroyo urged: Order retake now, not wait for CA


By Jerome Aning, Juliet Labog-Javellana, Christine Avendaño
Inquirer

Published on Page A1 of the October 6, 2006 issue of the Philippine Daily Inquirer

MALACAÑANG should go ahead and issue the executive order for the retake of the tainted nursing licensure examination and not wait for the Court of Appeals to rule on the petition of a group opposed to a retake, Labor Secretary Arturo Brion said yesterday.

“We know litigation takes a long time,” Brion told reporters. “The CA decision will likely pave the way for motions for reconsideration that will go to the Supreme Court. And that kind of litigation will take years.”

President Gloria Macapagal-Arroyo had assigned Brion, a former associate justice of the appellate court, to draft the executive order. He submitted the draft on Tuesday, but Executive Secretary Eduardo Ermita said on Wednesday that it had been sent back to him for “review and restudy.”

Brion expressed surprise that Malacañang had made an announcement about waiting for the appellate court to decide on the petition when Ms Arroyo herself had sufficient powers to “shortcut” the process and order a retake.

“I cannot understand why some officials would say they’re deferring the matter to the CA. This is agonizing for those who rely on the integrity of the professional licensure exams. I hope this ends soon,” he said.

Brion also said shortening the process would ease the suffering of the board passers who had yet to take their professional oath, and other stakeholders such as doctors, hospitals, review centers and nursing schools.

It was Ermita who announced that the issuance of the executive order on the retake would be deferred until the appellate court had ruled on the pending petition and the National Bureau of Investigation had submitted its report on the leak of test questions that marred the June exam.

By way of explaining the deferment, Ermita said the President was “not insensitive” to the public reaction to her decision ordering a retake.

But Senator Richard Gordon yesterday said “poor legal advice” from her officials was causing Ms Arroyo’s flip-flop on the controversy.

“It’s cha-cha, atras-abante (on again, off again). It doesn’t give the administration high ratings in terms of judgment,” the senator said of Malacañang’s position on the matter, which has been changing almost by the day.

Gordon, who had sought the Senate investigation on the leak, reiterated his call for the resignation of Professional Regulation Commission Chair Leonor Tripon-Rosero.

“I don’t see why the President can’t fire Rosero. But if I were Rosero, I would resign because she has already done so much damage,” he said.

Gordon also said Rosero compounded the problem when she preempted the NBI inquiry into the leak by authorizing the oath-taking of the exam passers and announced that there would be no retake.

No flip-flopping

Michael Defensor, Ms Arroyo’s chief of staff, said there was no flip-flop in Malacañang’s position.

He said the pending appellate court’s decision only gave the Palace “a chance to direct the NBI to give a more thorough and detailed report.”

“If people see this as flip-flopping, then it’s flip-flopping for the good of all those concerned,” Defensor said in a phone interview.

He said the input of the NBI and other agencies would assist the Palace in coming up with a decision “fair to everyone.”

In an initial report to Malacañang, the NBI said it had identified two review centers that discussed with and leaked test questions to examinees.

Three other review centers are being investigated for the same offense, according to the NBI, which is now “reconstructing” the list of those who had registered with these review centers and matching it with the PRC list of exam passers.

‘Complex’ case

Press Secretary Ignacio Bunye promised that the final decision on the controversy would be fair and just for all concerned.

“We assure all stakeholders that justice will be served and the honor of the nursing profession upheld,” he said in a statement.

He also said the President would “not falter in her resolve to settle this issue once and for all and to redeem the integrity and good reputation of the nursing licensure system.”

Bunye said the “complexity” of the case had prompted the Palace to make a thorough review of the draft executive order and “to take into consideration the prevailing circumstances to ensure that those who are guilty will bear the brunt of retribution while those who are innocent will be treated fairly.”

He said “concerned government agencies” were now “firming up their recommendations.”

Political perspective

According to Senator Rodolfo Biazon, nobody should be surprised at Malacañang’s stance.

“This issue is being considered from a political point of view, and not from a thorough study of the issues,” said Biazon, chair of the Senate civil service committee investigating the leak.

Gordon and Biazon said the prudent thing for Malacañang to do is to wait for the appellate court’s ruling and abide by it.

“Otherwise, if the decision of the court runs counter to the decision of the executive, what would happen? We will have another situation like the Ombudsman against the Supreme Court,” Biazon said, referring to the Ombudsman’s recent decision clearing officials of the Commission on Elections of liability in the P1.3-billion poll automation deal that the high court had nullified.

Biazon also called on the appellate court to expedite its decision on the petition pending before it.

Chronic problem

At the House of Representatives, Deputy Minority Leader Gilbert Remulla said Malacañang’s stance on the tainted board exam was doing more harm than good to the examinees.

“The chronic flip-flopping is reflective of the decision-making process of those in power,” the Cavite lawmaker said in a phone interview.

Remulla, who had earlier pushed for a retake of tainted Tests III and V, said Malacañang was ignoring the plight of those who had passed the board exam but were prevented by the court from being sworn in as nurses.

“Hindi na naawa ang Malacañang. The triple flip-flop has exacerbated the tension and aggravation of the examinees who only want a final resolution to their problem,” he said. With a report from Michael Lim Ubac

FROM:
http://newsinfo.inq7.net/inquirerheadlines/nation/view_article.php?article_id=25070



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