Judge inhibits from STC case

CEBU, Philippines - Judge Wilfredo Navarro said that he will inhibit from handling the civil case filed against St. Theresa’s College (STC) since it should be handled by a Family Court.

Navarro, who last week, issued a temporary restraining order (TRO) and directed STC to allow two students, who were barred from joining the graduation rites to be allowed to join the ceremony, said that this case should be heard by a Family Court as it involves minors.

His order to the school and its officials was defied and the students were not allowed inside the campus for the graduation ceremony.

In a two-page order, Navarro said after the thorough review of the records he found out the said case must be filed before a Family Court as it involves minors.

“Due simply to plain inadvertence or oversight on the part of a raffle committee, after a more deliberate and thorough review of the records, the undersigned is lately of the well-considered and profound view that, after all, a Family Court ought to hear and resolve the case on its merits given the fact that the subject matter thereof deals primarily with the rights of a child,” order reads.

No contempt, but

Before he announced his formal inhibition from the case, however, he commented on the actuations of the school and its administration and their legal counsel Romeo Balili.

He said that by not allowing the two students concerned to join the graduation rites despite lawful order had outraged him and he feels he could no longer “muster the cold neutrality expected of an impartial judge.”

In the TRO, he directed the respondents of the civil case for injunction and damages to allow the said students to fully participate in the commencement exercises.

The school did not heed the TRO on the grounds that there was a standing motion for reconsideration pertaining to the granting of TRO and the order itself was defective as it did not require the petitioner to put up a bond to cover whatever damages would be caused.

“One of the lame and flimsy excuses given by the respondents, through their counsel, in obdurately defying the said lawful order of this court was that a motion for reconsideration. The respondents, more so, their legal counsel know very well that a TRO is immediately executory and that pending motion could never bar its immediate implementation,” order reads.

Navarro added that putting up a bond is the discretion of the judge.

“The bond is discretionary on the part of this presiding judge whether or not to require such bond by taking stock of the possibility of any damage that may be caused to respondents in the TRO’s implementation. In this instance, however, no damage was foreseeable or conceivable at the time,” he said.

Named respondents were STC, School Principal Sister Celeste Ma. Purisima Pe, Mussolini Yap, Marnie Racaza, Kristine Rose Ligot, and Edita Josephine Yu.

‘Mockery’

Navarro said the problem of respondents’ counsel Romeo Balili he made an opinion without citing jurisprudence.

“What is worse though in the whole fiasco is that Atty. Balili, in a press conference, daringly and unashamedly spread through the media his false, erroneous and to boot, absurd legal opinions apparently designed to mislead not only his own clients but also the public at large,” he said.

He added what Balili did was “wittingly or unwittingly, he has put to mockery and to extreme public ridicule not only this Court but the entire judiciary by unabashedly making public his patently vacuous pronouncements.”

Navarro said that he will refer the matter to the Integrated Bar of the Philippines so it can impose disciplinary sanctions against Balili.

“Attorney Balili earlier said before the media that they will abide the court order whether or not it is against or in favor, but he is not true to his words,” he said.

Ignorance of the law excuses no one

Navarro said he has nothing against the school, in fact he has two daughters who graduated from there, “But their defiance of lawful order was unthinkable.”

He, however, said he cannot blame the sisters because not all people know the law.

He added he wanted the parents of the concerned students to also feel what he felt when his daughters graduated from the school.

“When my daughters graduated I was there, I was very happy when they received their diplomas. I wanted so much that the parents of the two will experience the same way I experienced,” he said.

Injustice

He said defiance of the lawful order was contemptuous.

“If we will allow this to happen time and again nobody will go to court anymore to seek for legal assistance,” he said.

What the school and its administration did was “injustice.”

Meanwhile, lawyer Cornelio Mercado, counsel of three other students barred from joining graduation rites, yesterday filed unjust vexation charges against STC and Sister Pe.

“St. Theresa’s College and its official led by Sr. Celeste Ma. Purisima Pe unjustly imposed a sanction that minor and four others cannot join the commencement exercise arising from the minor’s alleged failure to follow school regulations,” the complaint stated.

  “Because of the TRO, we respectively wore the proper attire and uniform for the commencement exercise. We along with other concerned parents and their children proceeded to the main STC gate on March 30 2012. But to hurt, annoy and humiliate us, Sr. Purisima Pe had STC’s gates shut closed with many guards present to ensure we cannot enter,” it added.

Gwen reacts

Cebu Governor Gwendolyn Garcia agrees with the decision of the STC to sanction the students.

“Their actions did not conform to the code of conduct that is expressly written in the student handbook. If we do not agree with the rules, then let’s get out of that institution. But while you are part of that institution, you have to follow the rule,” she said.

Garcia, who spent her elementary and high school years in STC, further asserted that enrolling in a particular school is a manifestation of one’s willingness to embrace its policies.

The governor recalled during her time in STC when a female student was also barred from the graduation ceremonies for participating in a beauty contest.

“And there was also another case. Wa lang ma-sensationalize because the parents accepted it. They did not go to court. It’s in our handbook,” Garcia said.

Garcia said she will always be grateful to STC for the values instilled in her and for giving her the strength to stand by her principles.

“(STC) have guided me as the first woman governor to uphold the dignity and rights of women. But you see, before we can even talk about rights, we must also remember that we have our duties and before we can expect to be respected, we must uphold our own dignity,” Garcia, who chairs the Provincial Women’s Commission, said. — with Niña G. Sumacot/NLQ (FREEMAN)