The family court handling the injunction suit against St. Theresa’s College ruled that it has no jurisdiction over the case involving high school seniors barred from attending their graduation rites last March..
Regional Trial Court (RTC) Judge Manuel Patalinghug of Branch 22 denied the motion for partial reconsideration filed by STC and said the case should be raffled to another court.
Patalinghug, the second judge to handle the case, stuck to his position that family courts do not have jurisdiction over injunction cases.
“I have no cogent reason to reverse my ruling. Whether it involved minor children or not, actions for injunction do not squarely fall within the ambit of the cases cognizable by the family courts,” he said.
STC lawyer Joan Largo said they will study their options following the ruling of the court.
“We filed the motion more for purposes of clarification as it was the previous court that said it is the family court that has jurisdiction,” Largo told Cebu Daily News.
Largo 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.
But 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 crim-inal, not civil cases.
Five STC graduating seniors were barred from attending their commencement rites as punishment for “serious” violations of the Student Handbook, for posting bikini photos in their Facebook accounts.
The school viewed these postings as “lewd” and said there were more shocking photos of the students drinking liquor in a bar and engaging in “obscene” conduct, which they do not want exposed to the public.
Four girls and their parents and guardian sued the school, but the main petitioner and another girl later withdrew after an amicable settlement was reached last month.
An angry RTC Judge Wilfredo Navarro of Branch 19, the first judge to handle the case, inhibited from the case in frustration.
His temporary restraining order against the school which directed STC to allow the girls to join the March 31 graduation rites, was not followed.