CEBU, Philippines - Citing insufficient evidence, the prosecutor’s office has dismissed one of the cases filed against the principal of St. Theresa’s College by the parents of one of the students barred from graduation rites last March.
In his resolution dated June 27, 2012, associate prosecution attorney Van Russel Inopiquez dismissed the unjust vexation case in relation to Republic Act 7610 or the Anti-Child Abuse Law filed against STC principal Sr. Purisima Pe.
“Wherefore, premises considered, it is hereby recommended that this case be dismissed for insufficiency of evidence,” part of the two-page resolution read.
The decision was approved by City Prosecutor Nicolas Sellon.
The unjust vexation case refers to the complaint of the parents that Pe “hurt, annoyed, and humiliated them” when she allegedly ordered the guards to close the gates so that they cannot enter the school and attend the graduation rites last March.
As stated in the resolution of Inopiquez, the complainants’ allegations do not warrant a finding of probable cause to hold Pe for trial of the crime charged.
“It can be gleaned from the records that the source that complainants were annoyed and humiliated was that the school gate was closed by the guards and that many guards were around in order they cannot enter the school campus. The school guards did not open the gate neither allowed them to enter the school premises despite their presence. Thus, there is no evidence that the respondent closed the gate of the school campus neither ordered the school guards to close the gate and not allowed them to enter,” the resolution further read.
The unjust vexation case is one of the three cases filed by the parents against STC.
Joan Largo, one of the lawyers defending STC, said there is a message behind the dismissal of the said case.
“The dismissal sends a clear signal to the different parties involved that it is time to put the issues behind us and derive valuable lessons on the joint obligation of parents and schools to mold a minor into responsible and mature citizen,” Largo said in a text message sent to The FREEMAN.
But while STC received a copy of the resolution last Thursday, Cornelio Mercado, one of the lawyers of the parents, said they have yet to receive their own copy of the resolution.
He said they should have also received it on the same day.
“Naa na diay resolution? I must read it first… Biliba g’yud nako. I’ll just cross my fingers kay naa’y sige og lihok na galamay behind aning kasoha,” Mercado said.
The unjust vexation case, Mercado said, is the simplest case they have filed against STC so he is hoping the two other “bigger cases” that they filed against the school will not be dismissed.
The two others cases filed against the school were grave oral defamation in relation to the Anti-Child Abuse Law (Republic Act 7610) and violation of the Anti-Photo and Video Voyeurism Act of 2009 (Republic Act 9995).
Last March 30, five minors were barred from attending their graduation rites for violating school rules by allegedly posting “obscene” photos on the social networking site Facebook. —/BRP (FREEMAN)