Court administrator says STC case belongs to regular court

CEBU, Philippines - The Office of the Court Administrator in Manila has directed the Office of the Clerk of Court of the Regional Trial Court here to re-raffle the civil case filed by the parents of the students of Saint Theresa’s College who were banned from attending their graduation rites.

In his two-page memorandum, deputy court administrator Antonio Eugenio Jr. ruled that the case for injunction and damages be raffled off to a regular court.

“After a careful review of the conflicting decisions in the abovementioned case, this Office finds the conclusion of facts of Judge Manuel Patalinghug to be in order,” Eugenio’s memorandum reads.

RTC- Cebu Executive Judge Silvestre Maamo earlier referred the case to OCA last June 13, 2012 after two judges handling a regular court and a family court claimed that they have no jurisdiction over the case.

Based on this claim, Patalinghug who handles a family court and Judge Wilfredo Navarro who handles a regular court inhibited themselves from the case.

The case was originally raffled to Navarro’s court, but the judge inhibited himself after he executed a temporary restraining order against the Saint Theresa’s College (STC) High school Department.

The TRO was not implemented after the defense refused to comply with the order of the court.

The case was then raffled off to Patalinghug’s court, but the judge remanded the case to the Office of the Clerk of Court, saying it belongs to a regular court.

“On 19 April 2012, Judge Patalinghug issued an order to that effect that the case does not fall under the exclusive jurisdiction of the Family Court...The position of Navarro that the subject matter of the case deals primarily with the rights of the child, hence the said case is cognizable by the Family Courts is misplaced. Here, the rights of the children are only incidental to the main issue,” Eugenio’s order reads.

He said what the petitioner asked was to refrain the school from imposing the sanction on the minors for allegedly violating the school rules and regulation.

Eugenio ruled that the injunction was considered moot and academic but damages still exist.

Defense lawyer Cornelio Mercado told The FREEMAN that the OCA order is a positive development.

“Good to hear that development… trial can then start,” he said.

Lawyer Joan Largo of STC, meanwhile, said, “I still have to look at the reasoning of the OCA. But then again, if it is raffled with court of general jurisdiction, the effect would be that the compromise agreement will be submitted for approval of the said court,” she said.

The students were barred from graduation rites on March 30, 2012. — Mylen P. Manto/JMO(FREEMANNEWS)