Students file civil case vs. college, foundation

CEBU, Philippines - Eleven students of the Southwestern University under the Study Now Pay Later program filed a civil case against the Seacrest Maritime Foundation Inc. and the school after they learned what was on the Memorandum of Agreement was not explained to them by the management.

The complainants said there must be a reformation of contract in the MOA both parties had signed.

“The MOA needs to be reformed since the true intention is not expressed in the instrument purporting to embody the agreement by reason of fraud and equitable conduct,” their complaint read.

The complainants were Diogenis Alexander Perandos, John Eric Caang, Reymond Rebalde, Dionese Dayanan, Jay Kim Casul, Rod Anthony Fuentes, George Kevin Omandac, Levi Bambiza, Gemwell Canlas and Francis Joel Madrileño.

They filed a civil case for the reformation of contract with preliminary mandatory injunction against SMFI represented by its Chairman Andrew Aznar and President Gina Aznar and SWU President Elsa Suralta.

The students said they were recruited by personnel of the defendants to enroll in their program who went to the provinces and encouraged their parents and guardians to enroll.

They added they were told that the defendants will not ask for a single centavo while enrolled in the program if they can find a sponsor to shoulder the food and lodging expenses.

However, Canlas and Rebalde who were sponsored by spouses Gilberto and Verna Magallon for board and lodging fees found out these fees were still included in their SNPL liabilities.

“The signing of the MOA was done in haste and the students were not even allowed to ask questions regarding the provisions of the MOA,” the complaint read.

The students added if they ask too many questions, the defendants will not allow them to enroll in the following school year. The also said they asked for a copy of the MOA but it was not given to them.

It was only last July when they were able to finally secure a copy of the MOA and consulted a lawyer who told them some provisions were not stated.

Students then asked for their statement of liabilities and learned that they have to pay so much.

The students said the respondents told them there would be no other expenses except the board and lodging but to their surprise they were made to pay a surety bond worth P2,000 per semester, insurance fee worth P200 per month, a uniform set worth P8,500 as well as college fund, healthcare and a cash deposit.

Last September 6 the students left their barracks in protest after the management did not listen to their plea during a dialogue.

They asked the respondents to pay them P100,000 for moral damages and P50,000 for exemplary damages.

SWU’s legal council has advised the president and the maritime department not to issue any statement as of yet. The administration likewise claims they have not received a copy of the official complaint but assured they will answer the complaint in due time.

The students also said with the case they filed they also hope their Transcript of Records and other credentials, which are allegedly being withheld by the defendants, will be released to them so they can pursue the same course in other schools. (FREEMAN)