PRC still independent as far as CA is concerned’ -- sources
‘PRC still independent as far as CA is concerned’ -- sources
By Tetch Torres
INQ7.net
Last updated 12:52pm (Mla time) 10/27/2006
NOTWITHSTANDING an executive order issued by President Gloria Macapagal-Arroyo placing the Professional Regulation Commission (PRC) under the Department of Labor and Employment (DoLE), the Court of Appeals (CA) still sees the commission as an independent body.
This is because, according to two court sources privy to the deliberations on the leak-tainted June nursing licensure examinations, the PRC’s independence is mandated by Republic Act 9173 or the Philippine Nursing Act of 2002, which a mere executive order cannot amend, much more supersede.
On October 13, the appeals court ruled for the selective retake by 1,687 examinees of those portions of the licensure exam tainted by leaked questions, thus paving the way for other board passers to take their oaths as new nurses.
A conciliatory meeting was subsequently held Thursday between stakeholders in the nursing board controversy during which the appellate court gave the go-ahead for the oath-taking of more than 15,000 board passers.
During the meeting, however, the DoLE maintained that the oaths should not be administered until the appeals court has ruled on the appealed filed by the University of Sto. Tomas’ Rene Tadle.
But the court said there was no longer any legal impediment to the oath-taking despite the conflicting positions of the DoLE and PRC.
"Under Republic Act 9173 or the Philippine Nursing Act of 2002, [the] PRC is an independent body and all its decision[s are] final. I don't think a mere executive order can amend a republic act," one of the court sources said.
The other source explained that “it is basic in law” that the executive branch only implements the law while Congress has the exclusive authority to make or amend laws.
continue reading on: http://newsinfo.inq7.net/breakingnews/nation/view_article.php?article_id=29076
By Tetch Torres
INQ7.net
Last updated 12:52pm (Mla time) 10/27/2006
NOTWITHSTANDING an executive order issued by President Gloria Macapagal-Arroyo placing the Professional Regulation Commission (PRC) under the Department of Labor and Employment (DoLE), the Court of Appeals (CA) still sees the commission as an independent body.
This is because, according to two court sources privy to the deliberations on the leak-tainted June nursing licensure examinations, the PRC’s independence is mandated by Republic Act 9173 or the Philippine Nursing Act of 2002, which a mere executive order cannot amend, much more supersede.
On October 13, the appeals court ruled for the selective retake by 1,687 examinees of those portions of the licensure exam tainted by leaked questions, thus paving the way for other board passers to take their oaths as new nurses.
A conciliatory meeting was subsequently held Thursday between stakeholders in the nursing board controversy during which the appellate court gave the go-ahead for the oath-taking of more than 15,000 board passers.
During the meeting, however, the DoLE maintained that the oaths should not be administered until the appeals court has ruled on the appealed filed by the University of Sto. Tomas’ Rene Tadle.
But the court said there was no longer any legal impediment to the oath-taking despite the conflicting positions of the DoLE and PRC.
"Under Republic Act 9173 or the Philippine Nursing Act of 2002, [the] PRC is an independent body and all its decision[s are] final. I don't think a mere executive order can amend a republic act," one of the court sources said.
The other source explained that “it is basic in law” that the executive branch only implements the law while Congress has the exclusive authority to make or amend laws.
continue reading on: http://newsinfo.inq7.net/breakingnews/nation/view_article.php?article_id=29076
I appreciate this article...
All the unecessary stress tapos ayan pala... kainis
RN-Lawyer anyone?
Posted by
Anonymous |
4:38 PM