STC asks Judge Patalinghug not to inhibit from hearing case

CEBU, Philippines - The Saint Theresa’s College High School Department yesterday asked Judge Manuel Patalinghug to reconsider filing for inhibition from the case for civil injunction and damages filed against the school by parents of students barred from their graduation ceremony.

STC’s lawyer Joan Largo filed a motion for partial reconsideration of the April 19, 2012 order penned by Patalinghug.

In the said order Patalinghug inhibited from handling the case saying it was out of his jurisdiction. He said the case belongs to a regular court and not in a family court citing Republic Act 8369 known as the Family Courts Act.

He explained only criminal cases involving minors are under his jurisdiction but the case filed was a civil case.

However, Largo contended there “was no qualification made by law, on whether the violation is civil or criminal in character.”

“Turning now to Republic Act 8369, the law creating the Family Court, it is the Family Court that has exclusive original jurisdiction to hear and decide cases involving alleged “violations of RA 7610 (Section 5[j]),” her motion read. 

She said since the case involves minors, the family court has the sole jurisdiction to hear the present case.

Compromise Agreement

Largo likewise asked the court to approve the compromise agreement between the school and one of the parents who filed the case. The parent withdrew the case for injunction and damages in exchange for exclusion from the counter-charges the school has filed against the parents.

Earlier, Patalinghug ruled he cannot act on the compromise agreement as he has no jurisdiction to hear the case.

“With the court’s holdings that it had no jurisdiction over the subject matter of the complaint, this court is also devoid of any legal power or authority to accordingly act or stamped its imprimatur on the compromise agreement submitted for its approval,” the decision read.

Earlier, first handling Judge Wilfredo Navarro inhibited from the case for lack of jurisdiction. He stated the case should be raffled for a family court as it involves minors.

The five STC students were banned from their graduation rites because of school violations.  (FREEMAN)