Cebu school defies court order on bikini graduates

CEBU CITY ,Philippines  – Officials of St. Theresa’s College here defied the court order yesterday and barred five female students (not two as earlier reported) after the school sanctioned them for posting pictures of themselves in bikinis in their Facebook accounts.

Two of the students, whose mothers went to court to seek reprieve on the school’s decision not to let them join the high school commencement exercise, were not even allowed to enter the school campus.

Cebu City Regional Trial Court (RTC) Judge Wilfredo Navarro issued a temporary restraining order (TRO) the other day and directed the school to cease and desist from enforcing the penalties on the graduating students.

Five students were barred by the school from graduation ceremonies for violations of the school’s handbook after they posted their pictures posing in bikinis.

The five students, however, were considered to have completed their final year in high school and would still be given their diplomas.

Four of the five students arrived at the school before 2 p.m. for the graduation ceremonies, but were barred by the guards from entering the campus.

Among the four were the daughters of the petitioner and the intervener in the civil case for injunction filed against STC high school principal Sister Celeste Ma. Purisima Pe, Mussolini Yap, Marnie Racaza, Kristine Rose Ligot, and Edita Josephine Yu.

The controversy stemmed from pictures of the students that were posted on Facebook, which were deemed as inappropriate by the school officials and a violation of the students’ handbook.

The pictures allegedly showed the students posing in bikinis, doing what is deemed as “dirty dancing,” and drinking alcoholic beverage.

Enrique Lacerna, counsel of one of the petitioners, said they would file contempt charges against the school officials.

He said his client informed him that they were not allowed to go inside the school to attend the commencement exercises despite the order of the court.

“My client chooses to leave the school. I don’t know why they don’t comply with the order, in fact, they earlier stated they will abide (by) the court order,” he said.

“It is the discretion of the court to cite them for contempt,” he said.

Court Sheriff Manuel Gimeno and process server Rey Christian Matta of Cebu RTC Branch 19 were not allowed to enter school premises to personally hand the TRO to the school officials.

Security guards said outsiders were not allowed to go inside unless they had a car pass and an invitation.

Clerk of court lawyer Ofelia de los Reyes had directed the court personnel to personally hand over to the school principal the order of Judge Navarro.

Motion for reconsideration

STC through lawyer Romeo Balili filed last Thursday afternoon a motion for reconsideration on behalf of STC officials immediately after Navarro issued the TRO, but due to other judicial duties the judge was not able to hear the urgent motion filed by the school.

Balili also filed an opposition to the motion for intervention filed by Cornelio Mercado, counsel of the mother of another student.

In the motion, school principal Sister Pe vehemently denied that she called the graduating students “sluts, addicts, drunkards and cheap.”

“The aforesaid quoted accusations are not even alleged in the complaint filed by the mother of the graduating student for and in behalf of her minor child,” the motion reads.

Balili likewise said the photographs posted by the student on her Facebook account were indecent.

“To cite some, the photograph marked Annex 2 is very appalling and revolting to the sense of any decent person. The dance photograph marked Annex 6 show something indecent wherein the right foot of the man is intentionally inserted in between the legs of the minor,” the motion reads.

He added that in fact the mother of the graduating student signed the Probation: An Administrative Sanction for a Violation, which is a basic requirement of due process.

Meanwhile, former executive judge Meinrado Paredes said that the TRO is effective despite the motion for reconsideration filed by the school.

“In the absence of a written decision, the TRO is effective,” he said.

The motion for reconsideration was supposed to be heard yesterday, but since Navarro had another judicial duty as acting judge in Regional Trial Court Lapu-Lapu City, no hearing took place.

Paredes said the refusal of STC to comply with the judgment of the court would lead to contempt of court.

He added between handbook and law, law prevails.

“The students concerned were minors and they are protected under the rights of the children, which issues will be resolved in the best interest of the child,” he said.

Paredes said the school should tackle the issue in restoration and not in vindictive side.

He added the penalty imposed on the students was “too cruel.”

“There’s a possibility that the child will be traumatized because of such experience,” he said.

Tonisito Umali, assistant secretary for legal and legislative affairs of the Department of Education, declined to give any comment on the issue, saying that the case is already pending in court.

Umali said the DepEd risks being cited for contempt.

“We want to respect the court process,” Umali said. – Mylen Manto/The Freeman, Rainier Allan Ronda