US court junks Sentosa case vs 10 Filipino nurses

MARK JOSEPH H. UBALDE, GMANews.TV

MANILA, Philippines - Ten Filipino nurses accused of endangering patients by quitting their jobs in a 2006 labor dispute can breathe a sigh of relief after a New York court dismissed the charges against them.

In a 13-page court decision sent to GMANews.TV on Friday, the Second Appellate Court of the Supreme Court of New York threw out the charges lodged by their recruiter, Sentosa Recruitment Agency (SRA).

“Upon weighing the relevant factors, we conclude that prohibition is an appropriate exercise of discretion…the petitioners are threatened with prosecution for crimes for which they cannot constitutionally be tried," the January 13 decision read.

Court records said the 10 Filipino nurses were under indictment in Suffolk Country for the misdemeanor offenses of conspiracy in the sixth degree, endangering the welfare of a child, and endangering the welfare of a physically-disabled person.

In 2006, the nurses alleged that they signed contracts in the Philippines where they would work in specific nursing homes in the US. Upon their arrival in New York, however, they found out that they would be working for an employment agency.

They also received less than what was stipulated in their contracts.

After their protests were left unheeded, the 10 resigned from the pediatric ventilation unit after their shift at the Avalon Gardens Rehabilitation and Health Care Center in April 2006.

Sentosa's New York agency slapped them with criminal charges for allegedly endangering the lives of the terminally ill children they were looking after.

Accused were Elmer Jacinto, Juliet Anilao, Harriet Avila, Mark de la Cruz, Claudine Gamiao, Jennifer Lampa, Rizza Maulion, James Millena, Ma. Theresa Ramos, and Ranier Sichon, and their lawyer, Felix Vinluan. - GMANews.TV

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