STC controversy Parents want amended complaint reinstated

CEBU, Philippines -  After their amended complaint was dismissed, the parents and the minors barred from attending their graduation rites at the Saint Theresa’s College High School department filed a motion for reconsideration.

The plaintiffs, through lawyer Cornelio Mercado, sought for the reconsideration of the resolution dated December 3, 2012.

Earlier, Judge Silvestre Maamo of Regional Trial Court Branch 17 dismissed the amended complaint in intervention citing it was “improper.” He added that the plaintiffs can still seek another remedy by instituting a separate action.

However, Mercado in his three-page motion said the amended complaint was not a complaint-in-intervention.

He said the plaintiffs should not be in any way called intervenors because their intervention has already been affirmed by Judge Wilfredo Navarro, the first handling judge.

“Indeed, after submission of Memorandum, Judge Navarro treated the vital and substantial aspect of the controversy and found that defendants violated plaintiff’s rights and thus issued the temporary restraining order (TRO) directing defendants to allow the two minors (plaintiffs) to participate in the commencement exercise. Plaintiffs are definitely

parties in CEB-38594,” the motion reads.

Mercado added the “analysis” of the court that the urgent ex-parte motion to intervene was overlooked and remained un-acted and unresolved has no basis because their intervention has already been acknowledged by Navarro.

The plaintiffs however said that because of the resolution penned by Maamo, it seemed the TRO was nullified.

“The effect of the assailed resolution is that plaintiffs are stripped of their status as parties, and wipe out what had already been firmly found and adjudicated in the TRO (that had obtained finality). Sad to say, the offered solace that plaintiffs can file another action is not a just option for that will be tantamount to abandoning prior uncontested findings of the court,” the motion further reads.

The case stemmed from a sanction imposed by the school against their students for violating their rules and regulations. Five students reportedly posted in their Facebook accounts “obscene” photos. As consequence, the students were barred from participating in their commencement exercises last March 30.

The students and their parents contested the sanction before the court by seeking a TRO.

Judge Navarro directed the school and the administration to cease and desist from implementing the sanction against the minors but the school defied the order.

After the issuance of a TRO, Navarro inhibited from handling the case citing he has no jurisdiction. The case was raffled to Judge Manuel Patalinghug of a family court but the latter remanded the case before the Office of the Civil Division subjected the case for reraffle.

Patalinghug said the case belongs to a regular court. Finally the case was assigned to Maamo, a regular court.

Aside from the STC, other defendants were school Principal Sister. Purisima Pe, student affairs moderator Marnie Racaza, discipline in-charge Kristine Rose Ligot and homeroom adviser Edita Josephine Yu. —JPM (FREEMAN)