Quantcast
Latest Stories

STC’s defiance sets bad precedent – lawyer

By , ,

St. Theresa’s College sent a dangerous message when it chose to defy a court order allowing female students to attend their high school  graduation  last Friday, said a lawyer.

“It might create a bad impression that some people can just ignore and not respect a court order,” said Earl Bonachita, Cebu City Chapter president of the Integrated Bar of the Philippines (IBP).

Bonachita issued the statement even as Cebu Archbishop Jose Palma said he saluted the Catholic school’s decision to bar the graduating students  from attending the ceremonies as part of enforcing  policies on student conduct.

“I appreciate STC for trying to enforce their policy.  I understand the life of the young, but I also appreciate STC,” he told reporters.

“To us the contribution of the Catholic educational institution, to try to provide solid academic education and also Christian values, ( is important). That’s why  the school is applying their policy.”

He had no comment on the school’s decision to ignore  a court order to allow   two of the students march in Friday’s graduation rites.

The six teenage seniors were  sanctioned for allegedly engaging in lewd behavior while posing in bikinis in separate  family outings based on photos in their Facebook accounts.

In explaining the school’s move, lawyer Romeo Balili said  the  temporary restraining order (TRO) issued by RTC branch 19 Judge Wilfredo Navarro was “deficient” because the judge did not order a bond put up to answer for possible damages.

But lawyer Enrique Lacerna, counsel of the main petitioner in a lawsuit filed against STC,  said Balili’s claim was baseless since the school didn’t invoke the bond requirement during the hearing last week.

“The requirement of a bond is not mandatory”, he said and is left to the discretion of the judge.

Lacerna said a bond  will only be required if the TRO causes damage which the party has to prove.He said the judge can then compute the amount of the bond to be paid.

Lacerna said he heard Balili  even  say the  school would abide by the court’s decision.

“They never asked for that in court.  Had they invoked it, the court  would have addressed the issue,” Lacerna said.

Bonachita of the IBP Cebu chapter said the bond wasn’t required in this case probably because the judge didn’t see any damage to the school.

“That’s the only purpose of the bond…if there’s no damage on the other party,a  bond requirement is unnecessary,” he said.

Bonachita said a bond requirement is usually issued  for a  preliminary injunction and not a  TRO, which has a lifetme of a few days and is for immediate relief.

He also said a TRO isn’t subject to a motion for reconsideration.

Lacerna said his client, a doctor who lives in Lapu-Lapu City, will also join the filing of the criminal case against the school officials who are accused of insulting and humiliating the students during a March 1 meeting at the principal’s office.

The parents of three of the five girls filed a complain for  grave oral defamation in relation to the Anti-Child Abuse Law (RA 7610) and violation of the Anti-Photo and video Voyeurism Act of 2009 or RA 9995 to the Cebu City Prosecutor’s Office.

Lacerna said the incident only made his client’s family stronger.

He said they may file a contempt charge against STC in court tomorrow.

Archbishop Palma said he hopes there won’t be another incident like that again.

“If it happened to my niece, I would tell her that it’s the school policy and you broke it, forget it. Anyway you can still march (when you graduate) in college,” he said.

Palma said the Archdiocese may conduct an inquiry but only if the parties concerned ask.

“If  the verbal abuse was true, it’s wrong. It’s unjustifiable. But we don’t know what really happened,” he said.

STC is run by the sisters of the Immaculati Cordis Mariae (ICM) or the Congregation of the Immaculate Heart of Mary.

In their  complaint was filed against principal Sr. Purisima Pe, asst. principal Mussolini Yap and discipline-in-charge Kristine Rose Tigoll, the students said they were humiliated when the teachers, “without explanation” used “abusive words” in calling them “bigaon” (slut), “cheap”, and drug addicts.

Palma said he feels for the five girls who were sanctioned by the STC.

If the allegations against the students were true, Palma said their  families should not have accepted the sanction.

“It’s unfortunate that it has to be brought to the court,” he said.

All five girls are considered graduated; they were only barred from the commencement exercise.

The mother of one of the girls said they went to Ayala Center  last Friday evening to celebrate her daughter’s graduation.

“We want to celebrate their graduation as normal as possible so the trauma they experienced won’t worsen,” the mother said.

She said the four girls and their parents ate in a restaurant and played computer games last Friday.

The mother of the 16-year-old girl said they will see a psychologist within the week to evaluate and address the trauma suffered by her daughter.

She said she and two other parents decided not to pursue a contempt case against STC officials as advised by their lawyer Cornelio Mercado, who said this would just delay resolution on the main case for damages.

The mother said they may also seek a meeting with Archbishop Palma to  complain about the school’s actions.

Originally posted at 07:39 am | Sunday, April 1, 2012


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Cebu City , Facebook , Graduation , Photo , School , St. Theresa’s College , St. Theresa’s College (STC)

  • http://inquirer.net unokritiko

    This lawyer Bonachita wants to be fame without considering the moral obligation of individuals.
    she is riding on pure technicalities without considering the effect and results of abiding with this “pasaway students” of STC. Its a sinner path she is going like this neophyte students who are mostly spoiled brats.
    Its one way of going for a judge position  but she is dead wrong about this!!!

    • goldilock

      Saint Theresa is to teach them all possible scenario on growing up. Not destroys them by inflicting psychological trauma. Sue the school for 500 million. The principal needs to go.

  • http://pulse.yahoo.com/_Z6R2QAY7UWNJMTCRTED3JZXPIA Joey

    wag sanang pahalu-haluin ang issues. ok, sectarian school ang STC at dapat na sundin ng mag students nito ang mga patakaran ng school. to this effect, i will agree. but there is the question of where does the school’s authority end? sa intindi ko sa mga nabasa ko, pinayagan ng mga magulang ang mga students na mag-outing, there was no way the school could be identified from  the pictures posted on Facebook, and there was nothing illegal or criminal that happened in the said event. so ang unang tanong ay sakop ba ng kapangyarihan ng mga paaralan ang ginagawa ng mga students habang sill ay nasa kanilang sariling private event na may pahintulot naman ng mga magulang???

    ang pangalawang tanong ko ay bunga ng inasal ng school matapos i-utos sa pamamagitan ng TRO na pasalihin ang mag students sa graduation. hindi ko lang maitindihan kung paano naiisip ng mga school authorities na dapat panatilihin ng mag students ang pagsunod sa school policies sa labas man ng paaralan, samantalang ang mga mismong school authorities naman ang nagpapakita ng halimbawa ng hindi pagsunod sa mga inatasan ng pamahalaan tungkol sa pagpapatupad ng batas. hindi ba ito ay halimbawa rin ng sinasabing double standards ng iba? sundin nyo kami, pero hindi kami susunod sa utos ng hukuman.

    maaring nagkamali ang mga students, maaring dapat lang na sila ay parusahan, ngunit dahil ito ay naka-binbin na ang issue sa hukuman, walang maaring gawin ang mga school authorities kung hindi sumunod din sa mga utos ng hukuman.  tinanggap din nila ang katotohanang iyan noong pinapunta nila ang kanila abogado sa korte at nakipag-debate sa abogado ng mga magulang ng mga students. 

    ito ang dapat na maunawaan nating lahat!

  • limotnadibayani

    This is not really a surprise ever since lawyers and the courts started to become blatantly corrupt and arrogant so that they lost their moral ascendancy. Many of them do not obey or respect the rules themselves if the law curtail their priviledges. They only use or impose obedience of the laws to serve their interests. What a hipocritical bunch!

  • bgcorg

    The object of Catholic education is the formation of the whole person, not just in academics or in behavior inside the school, but even outside and in spite of it.  The parents and students who were punished were aware of school rules.  It is not just wearing a bikini, which is a harmless thing, I am sure, that even religious sisters will understand. It is in posting those images, cigarette and wine glass in hand, that is offensive and is against the rules of the school.  The report came from students who reported the matter to the school authorities.  The latter gave them, despite the clear infraction against the rules, the opportunity to explain, providing them even a day’s session with the guidance counsellor.  The parents should have considered that by bringing the matter to court, they have aggravated the situation.  Their kids graduated, their punishment was only non-allowance to join the commencement exercises.  If there was trauma at all, it is not the fault, therefore, of the school which is only enforcing a school rule and regulation to protect those who have not committed an infraction, now magnified and sensationalized because of the action of parents who wanted the rules bent for them, doing an injustice to the 200 others who abided by the rules.  Had behavior not been breached, for all we know, the students, as applicable, may have merited loyalty awards from the school.  But, precisely for those given more, more shall be expected.  Parents have the obligation, more than the school, to even inculcate personal and human values in their children. 

    Allowing minors to smoke and drink and posting the same in social networking sites is sure to go viral; there is nothing private thereafter.  Smoking is dangerous to health and smoking and drinking are certainly not values that minors should never flaunt in public.  Parents are not supposed to teach or allow their children who are still in high school and still within the jurisdiction of the school to break the rules because it is “in keeping with the growth needs” of a teenager: otherwise then all parents can do it and not blame the school for their shortcomings in the proper formation of their children.  I am sure there are many other parents who appreciated the action of the school: ditto, the parents of the 200 other graduating students!

    The TRO is a curious thing to me and while the order of the court must be obeyed, the hearings in the court could eventually exonerate the school, I am confident.  But, the parents could lessen the trauma on their children if they quietly withdraw their case against STC.  Their children have graduated; their children are now fully in their jurisdiction, out of school; and less talk at home would unburden the trauma, allowing it to heal — otherwise the psychological wounds would only deepen.  This is only a high school commencement exercise missed, not a college graduation rite which hopefully will not be at STC.  The court should have considered early on that the rules and regulations of the school are only being enforced and hence no human right is violated: they were allowed to graduate!  But, to accuse the school of being inhuman or disrespecting the child is out of line, definitely.  Rules are rules for a reason.  Congratulations to all STC graduates!

     

    • BillyGregory

      The school should have considered, instead, that since it gets its authority to operate as an institution of learning from the government, it must obey government rules and processes first before it should insist on internal, archaic and oppressive rules.

      History is replete with instances of human rights abuses perpetrated by the Catholic church in particular.  In this case it is only probably you and a handful who do not see any infringement the school decision has made on the rights of the children.  That the children were demeaned and debased and their human dignities trampled upon is just a start.

      In addition, I do not see compassion applied in this case.  Why?  Do school officials think that punitive measures result in greater compliance than compassionate, corrective measures?  I do not think so.  Again, lessons from the past have only strengthened the fact that punishments are not exactly corrective.  There is a greater possibility that those who have been meted penalties, especially traumatizing ones, would turn out for the worse.

      Finally, did Jesus not strongly preach forgiveness when he died on the cross for our sins? Why, then, did the nuns and other school administrators of this Catholic school not follow His examples?

      • MagicQuad

         ”There is a greater possibility that those who have been meted penalties,
        especially traumatizing ones, would turn out for the worse.”

        While possibly true, you are just thinking of the rule-breakers. What about the rights of the other STC students and parents? If these BI kids get away with their shenanigans, would the other students turn out for better or for worse? The school – and many parents – think that the bad example unpunished would be a bad influence on the rest of the kids. I agree. If you disagree, then my dear sir this is a free country. You can setup your own school. Leave our school alone!

      • http://profile.yahoo.com/AG2GN4BY5R3S5LJDBZ3XNHIPBQ Poso

         napipikon na hahahaha

      • BillyGregory

        Understandably, the good apples have adapted quite well already and were not influenced in any way by the arguably bad ones or they would be in the same boat now as your BIs.

        I regret to notice a tendency for exclusivity in your post, however.  For now, you may only be asking me to leave your school alone as if the issue did not come freely to this forum.  What could be next: you asking me to leave your exclusive community, your city, your country, your world, your universe?

      • MagicQuad

        There’s a private subdivison in our area that mandates no houses with second floors; this is part of their by-laws and made clear to us when we wanted to purchase a lot. Even if I want a 2-story house, then I won’t force myself on my good neighbors who value their unobstructed access to sunlight. After all, I knew in advance and agreed to the rules. Instead, I’ll sell my lot and locate someplace where my 2-story house won’t be an imposition. I expect my neighbors to extend me the same courtesy.

      • erisq2003

         BI kids, for posting a Skimpy Bikini in the shower room?  I’m a bit confuse. 
        Maybe the school also teaches to ignore the TRO(LAW). Or Maybe the school teaches to punish harshley. 

        . Sir walang nag sasabi na wag silang ipunish.  Umamin, napahiya na mga bata, willing ang parents sa series of punishment, maglinis ng school, mag retreat umattend ng make up class about true values.  Tapos isang Madre magsasabi na its not enough. Actually sa umamin, napahiya sila sa buong school ay signal na dapat katakutan ang mga di magandang gawain, tapos di pa sapat.?  Nasaan ang PUSO NG isang Christian values?

      • bgcorg

        There appears to be no contradiction between government rules and processes and school rules and regulations of STC.  If they are archaic and oppressive, the parents would surely know and they are free to enroll somewhere else.  The fact that 200 senior high school students who did not break the rules were alllowed to join the commencement exercises speaks volumes on what the others who were not allowed to experienced. which, in the first place was not due to being archaice and oppressive.  The government, by giving it authority to operate, has also in effect given its mandate to enforce its rules, otherwise chaos and disorder would result.  That values that should be lived has in fact been achieved or not in the lives of the high school students who graduated — and the kids in question — did in fact, is dependent on many factors which are not due to the school alone. to blame the school for everything, including what parents failed to do, is way out of line!

      • TGM_ERICK

        Agree

      • BillyGregory

        There is no doubt that the parents may be apportioned a large part of the blame but in this instance the school should have taken great care not to add insult to injury.

        If the parents were remiss in their responsibilities towards the children, is that a reason for the school to willfully do the same?

        Granting that attainment of the school’s objective to help form a wholesome individual depends on several other factors but is that an excuse for the school to knowingly contribute to a process where, in the end, the product is a far cry from that which the school has been trumpeting as its mission?

        I do not mean to sound judgmental — that’s the farthest from my mind. All I wanted, however, is to raise issues that are, to me, essential so that reforms may be instituted in the immediate future.

        Education is a continuing process.  Let us learn from our experiences. Let us not deny missteps for we may be prone to commit them again even if our intent is to the contrary.

        Lastly, I believe it is not in STC’s best interest — nor in the Roman Catholic church’s — to be churning out meek yet unthinking lambs.  That would be very, very counterproductive.

      • bgcorg

        I am sure it is farthest from the mind of STC and the Roman Catholic Church to churn out meek and unthinking lambs.  They educate and foremost in that paradigm is making students feel the freedom of Christ and the liberation of the spirit in obedience to the teachings of the Church.  Discipline is an integral part of this education so that in the midst of liberalism and unbridled freedom, they can see life in the light of Christ, becoming obedient to the Father, even unto death.  This saying is hard and it is understandable that many of Christ’s disciples later did not walk with him because they found the teachings hard to follow.  But, there must be a time and an occasion to say “no” so that minor children especially would know their limits and be put properly in the right direction.  I am sure that they would be better individuals later, if they can learn from this experience.  The 200 others abided by the rules. 

      • MagicQuad

         ”There is a greater possibility that those who have been meted penalties,
        especially traumatizing ones, would turn out for the worse.”

        There is also the greater possibility that the remaining students, seeing the punishement, would either comply or be more discreet, and be better citizens for it. Works for me!

    • BillyGregory

      Another thing: do you think that the object of this Catholic school in relation to the formation of the person as a whole was attained in fact?

    • TGM_ERICK

      A perfect 10!

  • http://profile.yahoo.com/2MZP2PTOECQM4TDA4SG6DODYTE Little

    PASIMUNO si DE LIMA!!!ayan, lahat wala nang sumusunod sa mga TRO ng korte!!!
    pati mga pari at madre wala nang respeto…haaay

    • http://profile.yahoo.com/AG2GN4BY5R3S5LJDBZ3XNHIPBQ Poso

      ok lang kung si de lima or sino mang congressman dahil politics eh.. pero ang di pag sunod sa batas ng Pari at Madre…. hmmmmm 

  • http://profile.yahoo.com/TMIHUT3XHA5YYS7LBDRL2HNGPE Jo Wins

    Next time you want to show off your legs and what-have-you on Facebook, wear a school uniform.  Why show off your bikini when you can show off your school uniform?  Who cares about a bikini? 

    • http://profile.yahoo.com/AG2GN4BY5R3S5LJDBZ3XNHIPBQ Poso

      Lumangoy tayo ng naka uniform ….. pre … ganun din eh… bastos pa din daw… kasi tataas yung palda at makikita ang panty…………hahaha

    • goldilock

      Invasion of privacy. Its a private party intended for private audience.

  • erisq2003

    Ang School ang Pangalawang Magulang.  Di sila ang una magulang.  Bakit ganun sila mag punish na talo pa nila ang UNA.  TAMA NA PURASAHAN ANG MGA BATA, PARA MAINTINDIHAN NILA NA MALI ANG GINAWA NILA, PERO SOBRA NAMAN ATA YUN.  DI PINA ATTEND NG COMMENCEMENT E IMPORTANTENG BAGAY SA KANILA YUN SA BUHAY NILA. SAMANTALANG NANGHINGI NA SILA NG TAWAD, WILLING NA MAG LINIS NG SCHOOL NA KAHIT SABAHAY NILA AY DI NILA GINAGAWA, TAPOS WILLING SA SERIES OF CLASS ABOUT VALUES, OR MAG RETREAT.  AYAW NG SCHOOL NA CHRISTIAN LIFE ANG TINUTURO.

  • ikesbox

    This could be the result of lack of respect for the court system by de Lima and PNoy’s bashing of the Supreme Court, especially Corona. The lack of respect of the independence of the 3 branches of government will make the secular people and institution to disregard the courts. We no longer trust congressmen and senators, the justices of the supreme court, and yes the president. What’s left? Continue the down spiraling of the Filipino way of life. Crimes are up and more egregious, corruption continues amidst political favoritism, population while the infrastructure and economy are down. Worse, some people think there is progress.



Copyright © 2013, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement

News

  • S. Korea says ready for more North missile tests
  • 2 Indian nationals wounded in Batangas shooting
  • More bodies recovered in collapsed Indonesia mine
  • China asks NKorea to release fishing boat, crew
  • China halts imports of New Zealand meat
  • Sports

  • Nadal, Serena set out stall for French Open
  • Spurs thump Grizzlies in series opener
  • Aces pull off 3-game title sweep of Kings
  • Tenorio snares BPC award over Abueva
  • Cabrera Asian Karting Open junior champ
  • Lifestyle

  • Evoking in line and color the most popular devotion in the Philippines
  • National Heritage Month revives traditional Santacruzan
  • Philippine ballet’s finest from here and abroad take centerstage in rare one-night gala
  • ‘Pioneers of Philippine Art’ exhibit draws from various collections
  • Poet Fidelito Cortes makes the everyday extraordinary
  • Entertainment

  • ‘Star Trek’ boldly goes to top of US box office
  • ‘Archetypal villainess’ Bella Flores; 84
  • The way of a clown: Vice Ganda sets tears aside
  • Kids make tough guy Vin Diesel a ‘softie’
  • Film on old age wins in Jeonju
  • Business

  • Asia shares higher on US gains
  • Dollar eases in Asia but expected to resume rise
  • Search on for top PH farmers
  • Mining firm, local groups join hands for nature
  • FPLA meets need for ‘renaissance leaders’
  • Technology

  • Yahoo! to buy blog-maker Tumblr for $1.1B—report
  • Free Inquirer tablets for lucky INQSnap readers
  • Hong Kong launches first electric taxis
  • DepEd website now up and normal
  • Report: Yahoo nearing $1.1B acquisition of Tumblr
  • Opinion

  • A generation of Young Turks enters Senate
  • Editorial cartoon, May 20, 2013
  • Keep them safe
  • Game changer
  • Vote-buying in last polls raised inflation rate
  • Global Nation

  • Taiwan reiterates call for joint probe into fisherman’s death
  • DOLE: More OFWs coming home for good
  • Filipinos in Taiwan told: Limit activities
  • Santiago: Harassment of Filipinos in Taiwan may warrant MECO abolition
  • Boracay hotels, resorts hit by Taiwan tourist cancellations
  • Marketplace
    Advertisement
    Azure Skin Ad
    Azure Skin Ad
    © Copyright 1997-2013 INQUIRER.net | All Rights Reserved