NO, the family court judge hasn’t changed his mind about refusing to hear the injunction case filed against St. Theresa’s College (STC) for barring four seniors from attending their March 30 graduation rites.
STC’s motion for reconsideration was denied by Cebu Regional Trial Court (RTC) Judge ManueL Patalinghug of Branch 22.
He repeated that the family court has no jurisdiction to hear the civil case, much more the authority to act on the motion for reconsideration of STC on his order remanding the case for reraffling to a regular court.
“My order on that matter remains as is. It’s up to another court to hear the partial reconsideration,” the judge told reporters.
Patalinghug said he already returned the case records to the Office of the Clerk of Court.
The case was referred it to RTC Executive Judge Sylvestre Maamo Jr.
STC lawyer Joan Largo refused to issue a comment.
“We will just wait for his written order,” Largo said in a text message to Cebu Daily News.
Largo, who filed the motion, earlier explained that it would be in the best interest of the minors involved if the lawsuit was handled by a family court, where records are safeguarded.
Patalinghug said the injunction case filed against STC should not have been sent to a family court, even if it involves minors, because the court has jurisdiction over criminal, not civil cases.
Largo tried to argue that family courts do have exclusive jurisdiction over cases that involve violation of Republic Act 7610 also known as the Child Abuse Act, thus their motion for reconsideration.
She said although the injunction case filed against the school was a civil case, all the allegations in the complaint pointed to RA 7610.
Five STC graduating seniors were barred from attending their commencement rites as punishment for “serious” violations of the Student Handbook, including posting “lewd” bikini photos in their Facebook accounts.
Four girls and their parents and guardian sued the school, but the main petitioner later withdrew after an amicable settlement was reached.
The school said there were more shocking photos of the students drinking liquor in a bar and engaging in “obscene” conduct that they didn’t want to show in public.