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Cebu News

For barring graduates from rites: STC won't apologize for decision

- Mylen P. Manto -

CEBU, Philippines - No to public apology. This, according to lawyer Joan Largo, is the stand of Saint Theresa’s College (STC) High School Department on the issue that the school violated the law in defying the court order.

The minors’ camp, meanwhile, filed yesterday an amended complaint asking for the school to pay for damages, otherwise, all tuition and other fees from first year to fourth year must be refunded.

“If there is anybody who will do the apology it’s not the STC. In fact the school was compassionate enough,” she told The Freeman.

She said she will welcome whatever cases will be filed against the school.

Earlier, lawyer Enrique Lacerna, counsel of one of the five minors barred from participating in the graduation rights last March 30, told the media they want the school to apologize in public for defying the temporary restraining order (TRO) issued by Regional Trial Court (RTC) Branch 19 Judge Wilfredo Navarro.

He said the minors were not given due process when they were called by the administration and let them sign the probation sheet that contained their violations.

“Even us, we need a lawyer to assist us. How much more the minors?” he said.

But Largo earlier pointed out that Judge Navarro had no jurisdiction over the case as it supposedly assigned to a family court and not in a regular court because minors are involved.

Yesterday, lawyer Cornelio Mercado filed an amended complaint for damages before Judge Manuel Patalinghug of RTC Branch 22.

Since the injunction was already moot and academic, the petitioners filed an amended complaint for damages.

In a 10-page complaint, Mercado stated they asked for damages for the consequences by the school’s refusal to allow the minors to participate in the commencement exercises.

“Defendants ought to know and respect the rights of students and parents under the Education Act of 1982, and as stated in the TRO, for adherence to the mandate of RA 7610,” the amended complaint reads.

He pointed out that “everyone must follow the rule of law” but the STC “acted as if they were above the law.”

Due to the school’s defiance of the order, the petitioners asked for attorney’s fees and consolidated amount of P1.5 million for actual, moral, exemplary damages from the defendants.

They added that despite being qualified to graduate, the school did not allow them to join the graduation rites because of the violations they have committed.

“Once found that their actuations were unjust, defendants must hold and bear all expenses for the plaintiff minors’ deserve march. If impractical and in lieu of the expenses, defendants be required to return all tuition, matriculation, and other fees paid from first year to fourth year,” read the amended complaint.

Because of the “pain, disgrace and deep emotional and psychological trauma” that the petitioners suffered and continue to suffer they ask the defendants to issue a public apology as no amount can pay for what they have felt.

The defendants of the case are Sister Celeste Maria Purisima Pe, Mussolini Yap, Marnie Racaza, Kristine Rose Ligot and Edita Josephine Yu and of the STC High School Department.

Commission on Human Rights (CHR) investigator Lilibeth Tabacon told the media she will be starting the investigation on the complaint filed by the minors once she has the names of those who uttered the defamatory words.

“I wanted them to single out the names of who among those teachers who uttered the defamatory words so that I can start the investigation,” she said.

Tabacon said she will not touch on the cases that are already in court but focus on the oral defamation. Once she finds enough evidence that the teachers defamed the minors, they will elevate the case to the court. — (FREEMAN)

vuukle comment

BUT LARGO

COMPLAINT

CORNELIO MERCADO

EDUCATION ACT

ENRIQUE LACERNA

HIGH SCHOOL DEPARTMENT

HUMAN RIGHTS

MINORS

SCHOOL

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