STC student, judge want out of case
One of four families that sued St. Theresa’s College for barring their daughters from graduation rites as punishment for posting “lewd” Facebook photos has decided to withdraw the lawsuit.
Both the mother and the private school entered a compromise agreement dated April 17 where they expressed their “mutual desire” to end the litigation.
But the second judge handling the dispute is bowing out of the case, saying it was not appropriate for the family court to rule on this.
Regional Trial Court Judge Manuel Patalinghug of Branch 22 filed a motion to inhibit himself and asked for the case to be raffled again to a regular court.
He said civil suits are not under the jurisdiction of the family court where he is presiding. The case has to be a criminal offense as provided in the Family Court’s Act of 1997 or Republic Act 8369.
The family of the high school graduate said the teenage girl asked to withdraw the case because she “no longer wishes to go on” with the litigation.
In exchange, the private Catholic school said it will no longer seek a counterclaim for damages “in the spirit of Christian reconciliation.”
It’s now up to RTC Executive Judge Sylvestre Maamo Jr. to decide whether to approve the judge’s request to re-raffle the case for the third time.
“The case filed against STC does not squarely fall within the ambit of the cases properly cognizable by family courts even if it involved minors,” Judge Patalinghug said.
He said the civil action for injunction, which the student’s family first filed against STC, should not have been raffled to the Family Court at all.
Judge Patalinghug said that instead of outright dismissing the case or “wasting the precious time and resources of the court” in a proceeding which would be declared void later, he decided to be “lenient” in line with the liberal spirit of the rules of court and ask that another judge handle the case.
Lawyer Romeo Balili, one of the lawyers of STC, said it was the student’s family who initiated the conciliation and that the school immediately welcomed it.
The agreement stated: ‘Upon the request of her minor child, petitioner no longer wishes to go on with the case and moves to be permitted to withdraw the same. Respondents, on the other hand, agree to waive their counterclaim, in the spirit of Christian reconciliation.’
The agreement showed signatures of the petitioner, who is the mother of the graduate, and the school respondents.
“Everybody is happy. Who wouldn’t be? Let’s hope that the court will approve this one,” said Balili.
“We are very happy with the compromise agreement,” said STC lawyer and spokesperson Joan Largo.
“This emphasizes the joint role of parents and school in molding a child,” she said.
But the criminal and civil cases filed by three other petitioners on behalf of their daughters are still pending.
“The case continues,” lawyer Cornelio Mercado told Cebu Daily News.
He said his clients are willing to discuss a compromise agreement with STC.
“If STC offers, why not?” he said.
One of the parents expressed determination to continue with the lawsuit.
“We will continue this. We will not follow the footsteps (of those who withdrew),” the parents of one girl told CDN.
She said that her daughter suffered from the controversy and requires psychological intervention because of the trauma they went through.
“Until now, my daughter keeps crying,” she said.
The parents of the three remaining girls continue to seek P1.5 million in damages, including attorney’s fees, from the school.
Five high school seniors were allowed to graduate but were banned from attending their commencement exercises last March 30. Four of them went on to file civil and criminal cases against STC.
The pictures allegedly showed the students in bikinis, drinking tequila in a bar, and acting in what the school said was “immoral” and “sexually provocative” in violation of four provisions of the Students Handbook.
The parents of one girl said the bikini photos of their daughter were taken during a ‘supervised family outing” to celebrate her birthday in a beach resort.
They also accused the school of denying their daughters due process, and humiliating them in the principal’s office by calling them “sluts” and imposing a penalty without giving the students a chance to explain themselves.
The first judge who handled the case issued a Temporary Restraining Order against STC two days before the March 30 graduation rites, directing the school to allow the students to join the commencement exercise.
However STC defied the court order, describing it as deficient because of the absence of a bond.
An angry RTC Branch 19 Judge Wilfredo Navarro said the lawyer who advised the school to defy the order was “misleading” his client . Navarro decided to inhibit himself from hearing the case saying he had lost the cold neutrality of an impartial judge.
The case was then raffled to the family court of Judge Patalinjug./ with Reporter Ador Vincent Mayol
