In a 17-page decision promulgated on January 21, the CA denied the petition for review of Madeja, whose nursing license was revoked by the PRC after she and fellow Board of Nursing (BoN) member, Anesia Dionisio, were found guilty of neglect of duty that gave rise to the leakage of test questions to some examinees.
The decision was written by Associate Justice Jose Reyes Jr. and concurred in by Associate Justices Apolinario Bruselas Jr. and Ricardo Rosario of the CA’s Special Fourteenth Division.
The appellate court held the PRC did the right thing when it ordered the revocation of Madeja’s license considering the “far-reaching and deep” effect of the leakage scandal, which could have not happened had she “exercised all reasonable diligence in the performance of her officially-designated duty.”
The leakage scandal, the CA noted, did not only impose undue burden on the affected examinees who had to take the exams again but also “tainted the integrity and cast doubt on the fitness and competency of the entire Philippine nursing industry, which for years has sought to prove to the world that our country can produce competent, reliable and trustworthy health care professionals.”
Court records show that Madeja and Dionisio were BoN members and examiners in the June 2006 nursing licensure exam. Madeja was assigned in Test III (Medical Surgical Nursing) while Dionisio was assigned in Test V (Psychiatric Nursing).
After the exams, media reports circulated that there was a leakage of test questions and a complaint was filed by several examinees in Baguio City against certain BoN members for alleged involvement in the leakage. Thereafter, PRC chairperson Leonor Rosero created a fact-finding committee to investigate the alleged leakage.
During the investigation, the PRC discovered that the leakage came in the form of handwritten and computer-printed notes which were distributed a day before the exams to certain examinees in Baguio City who reviewed at Gapuz Review Center.
It was also learned that copies of leakage notes were distributed in SM Manila during a purported “enhancement review class” for reviewers of INRESS Review Center two days prior to the exams.
The PRC observed that 56 situations in the leakage notes from Madeja’s test questions manuscript landed in the hands of examinees before the exams.
* NLE NOVEMBER 2009 RESULT