WILL he proceed with the case or stay out of it?
The judge who earlier inhibited from handling the lawsuit filed against St. Theresa’s College (STC) said he would resolve the school’s partial motion for reconsideration.
“I will resolve it. But I have to study it first,” Regional Trial Court Judge manuel Patalinghug told reporters yesterday.
He earlier sent the case records to the Clerk of Court for reraffling, saying the family court where he presides was not the proper venue for a civil action.
But RTC Executive Judge Sylvestre Maamo would not agree to a reraffling and and had the case files returned to Judge Patalinghug.
The issue of jurisdiction of the family court to handle the injunction case has yet to be resolved.
When interviewed last Tuesday, Patalinghug said his “order reamins as it is”, referring to his order of inhibition and the order to have the case reraffled to a regular court.
In Patalinghug’s view, the family court deals with cases of minors involving criminal offenses, not civil cases like the lawsuit which parents of four STC high school students filed seeking an injunction against the school for barring their daughters from atteding the March 30 graduation.
STC, in its motion, said the the family court does have jurisdiction over cases that involve violation of Republic Act 7610 also known as the Child Abuse Act.
STC lawyer Joan Largo said it would be in the best interest of the minors involved if the lawsuit is handled by a family court, where records are safeguarded.
Two of the four complainants have so far backed off from the case and entered into a compromise agreement with STC./Reporter ADOR VINCENT S. MAYOL