CEBU, Philippines - The civil case for injunction filed by the parents of the four graduates of the Saint Theresa’s College who were barred from joining the graduation rites last month will have to be temporarily shelved until the executive judge will rule on the voluntary inhibition of the second judge handling the case.
The Office of the Clerk of Court, which has custody of the records of the case after it was remanded by Regional Trial Court Branch 22 Judge Manuel Patalinghug following his voluntary inhibition, did not include the case in the raffle last Monday.
A staff at the civil division of the Office of the Clerk of Court said that the case will have to be temporarily set aside until Executive Judge Silvestre Maamo makes a ruling on whether or not to approve Patalinghug’s voluntary inhibition.
Patalinghug, the second judge handling the case, begged off from hearing the petition citing lack of jurisdiction. Patalinghug, who presides over a family court, said the case should be tried by a regular court.
RTC Branch 19 Judge Wilfredo Navarro who has first acquired jurisdiction over the case also inhibited himself on the ground of lack of jurisdiction. Navarro said the case should be handled by the family court because it involves minors. Navarro’s inhibition was approved by Maamo.
The cases stemmed from the STC’s decision not to allow five of its graduating students to join the graduation rites as punishment after they were found guilty of violating the school’s manual.
The students uploaded scandalous photos on Facebook, a social networking site on the Internet. The photos allegedly show the students wearing bikinis, smoking, drinking liquor and even engaged in a very scandalous situation with an opposite sex.
The students and their parents went to court to seek a temporary restraining order, injunction and damages against the school and its officials. The court through Navarro issued a TRO and directed the STC officials to allow the students to join the graduation ceremony but the school defied the court.
Navarro, instead of citing the school in contempt, inhibited himself from the case. Thus, the case was raffled off to Patalinghug who also inhibited from it.— (FREEMAN)