Court halts STC graduation ban

CEBU, Philippines - Two students, who were initially barred from joining the graduation rites due to alleged violations of the school policy on posting pictures on social networking sites, have been allowed by the court to do so.

Judge Wilfredo Navarro of Regional Trial Court (RTC) Branch 19 laid down ruling directing Saint Theresa’s College (STC) to temporarily cease and desist from enforcing the penalties on two graduating high school students.

In his three-page order, Navarro emphasized that the respondents must allow the said students to fully participate in the commencement exercises of the high school department.

That includes “to join the practice sessions in preparation for the holding of the commencement exercises, to join the march during the processional along with the rest of the graduates during the commencement exercises on March 30, 2012, to have their full names called along with the names of the others when the roll of graduates is announced during the said commencement exercises and to march along with the other graduates to receive their respective certificate or diploma on the stage or podium during the same commencement exercises.”

He likewise, directed the respondents to treat the minors with “kindness and civility befitting true graduates of a respectable institution sans any discrimination for the entire duration of the commencement exercises.”

Named respondents were St. Theresa’s College (High School Department), Principal Sister Celeste Ma. Purisima Pe, Mussolini Yap, Marnie Racaza, Kristine Rose Ligot and Edita Josephine Yu.

Petition

Earlier, the mother of the 16-year-old student filed a petition for injunction and damages with the application for the issuance of temporary restraining order (TRO) against respondents.

The mother of the other graduating student also filed a motion for intervention on behalf of her daughter.

The two students allegedly violated the institution’s rules pertaining to their conduct within and outside the school campus that leads to their exclusion despite having “qualified academically to graduate in high school.”

Lawyers Enrique Lacerna and Glenn Cañete, representing the mother of one of the students, argued before the court that the 16-year-old was denied of due process when she signed the probation with corresponding penalty.

They said on March 1 the said students were called by the principal and scolded in a manner that was embarrassing and disparaging calling them “sluts, drunkards and cheap.”

Memorandum

However, in the memorandum of respondents filed by lawyer Romeo Balili, he asked the court to deny the application for the TRO and writ of preliminary injunction filed by Tan for no legal basis.

He said the act of the student consenting to be photographed exposing her body parts that are supposed to be hidden and uploaded the same on her Facebook account violates the teaching in Cathechism. The minor likewise posted photos on her Facebook account like excessive drinking of liquor, and engaging in dirty dancing.

Balili said the sanction imposed on the students was justifiable.

He added though the school was not happy to impose such sanction but it had to be done.

“St. Theresa’s College has been faithful to its mission as Catholic educational institution. The essence of penalty is a call to true repentance and conversion, the central theme of the New Testament and a cornerstone of the Christian life,” the memorandum read.

Ruling

“It was very apparent that the imposition of the penalties on the minors is of dubious propriety or validity to say the least, if not completely unlawful,” Navarro said.

Based on the foregoing facts, Navarro found out that the students were not given due process after they were not informed of the “accusations” against them and failed to give their defense.

“There is no gain saying here that the respondent institution miserably failed to follow its own rules or procedures as embodied in the student’s handbook or manual in assuring that the rights of the students concerned would be amply protected,” he ruled. —/NLQ (FREEMAN)