DOJ to file criminal raps vs erring nurse review centers

Justice department prosecutors will file criminal charges against the officials of two nursing review centers linked to the June 2006 Nursing Licensure Examination test leakage.

Chief State Prosecutor Jovencito Zuño signed yesterday a resolution finding probable cause to indict George Cordero, Inress Review Center president; Ricarte Gapuz Jr., R.A. Gapuz Review Center  director; Elena Gapuz-Altarejos, R.A. Gapuz Review Center vice president; and Jonna Bucud, R.A. Gapuz drill master, for violation of Republic Act 8981, An Act Modernizing the Professional Regulation Commission (PRC).

They could face imprisonment of between six and 12 years and be fined P100,000, or both, according to the Department of Justice (DOJ).

For lack of evidence, the DOJ dropped the officers of Royal Pentagon Review Specialist Inc. from the complaint filed by the National Bureau of Investigation (NBI) and the PRC.

Prosecutors led by State Prosecutor II Rosanne Balauag said the NBI’s investigation on the culpability of Pentagon officers appeared to be incomplete and warranted further inquiry.

“While it may appear that the NBI did its best in conducting a detailed and comprehensive investigation about the 2006 NLE scandal, it may be said that its inquiry on the subject of Pentagon’s culpability, if any, appears to be incomplete,” read the resolution.

The NBI has yet to identify the source of the alleged 150-item questionnaire containing alleged leakages faxed from Pentagon’s office in Manila, the prosecutors added.

Based on the DOJ’s investigation, Inress Review Center held a final coaching session on June 8 and 9, 2006 at a mall in Manila, where PowerPoint presentation of various questions and their corresponding answers were given, particularly on Test III (Medical-Surgical) and Test V (Psychiatric Nursing).

“What is evident is that the very act of reproducing the materials, now subject of the present complaint, which they deemed ‘useful’, are their own voluntary acts, full responsibility of which should be borne by them,” read the resolution.

“Said respondents’ negligence, if indeed there was any, in not determining the ‘nature’ of the materials they released, whether these materials originally came from them or not, cannot exonerate them because it is their responsibility to act in accordance with the law in running their business.”

The DOJ said Cordero cannot deny his role in the leakage, considering the statement of a witness that he predicted 100 of the 500 questions in Test V will surely come out.

“Even the best seers in this country do not have the ability to foretell the test items verbatim that would be given in the actual examinations, as what happened in respondent George Cordero’s situation,” the DOJ said.

It is up to the PRC to decide whether to order the closure of the review centers or impose other disciplinary actions on them, Zuño said.

PRC elated by DOJ decision

PRC chairwoman Leonor Rosero expressed elation over the DOJ decision to file criminal charges against officials of Gapuz Review Center and the Institute for Review and Special Studies.

“I’m glad if that is the decision,” she said.

“But I have to see the full report first before I make any comment.”

Dr. Carmelita Divinagracia, Association of Deans of Philippine Colleges of Nursing Inc. president, refused to comment until she gets hold of a copy of the DOJ decision. — with Sheila Crisostomo