CEBU, Philippines - Regional Trial Court Judge Manuel Patalinghug has reiterated that he has no jurisdiction to hear the civil case filed by the parents of the students of St. Theresa’s College who were barred from the graduation ceremony.
Earlier, STC’s High School Department through lawyer Joan Largo filed a motion for partial reconsideration on Patalinghug’s order dated April 19, 2012.
STC wants the case to remain in Patalinghug’s branch, RTC Branch 22, citing “the provisions on the confidentiality of records, the training and skill of the Honorable Presiding Judge and the staff dealing with cases.”
However, Patalinghug told the media that as far as the family court is concerned, he could no longer act on the motion for lack of jurisdiction and because the records were already remanded to the Office of the Clerk of Court.
“My order on that matter remains as is. It’s up to another court to hear the motion for partial reconsideration,” he said.
Patalinghug said he understands that there are family issues involved in the case, but the same does not mean that the case has to be handled by a family court.
“Though they cited Republic Act 7610 known as child abuse on their complaint still it is beyond my jurisdiction because the case filed was civil,” Patalinghug said.
“I really admire their purpose but purely and clearly RA 7610 is penal in nature, the case filed was injunction and damages (a civil case) thus, it cannot be interchanged,” he said.
Patalinghug said the counsels have the right to comment.
In his earlier ruling, Patalinghug said the case belongs to a regular court and not in a family court. He said nothing in Republic Act 8369 or the Family Court’s Act says that civil cases must fall under the jurisdiction of the family court.
Largo told The Freeman through a text message, “we will just wait for the written order from judge.”
The issue of whether or not the case will be re-raffled for the third time or remain at Branch 22 is still pending before Executive Judge Silvestre Maamo.
Compromise
Patalinghug said that even without the approval of the court, the principal plaintiff of the civil case is still a party to the case.
“Though they have compromise agreement with the STC, the case still remains,” he said.
With regard to the intervenors of the case, the three parents, Patalinghug said they have ceased to become a party to the case after they failed to get permission from the court.
“Though they claimed the court allowed them in silence, it cannot be... it must be put into order,” he said.
In the compromise agreement, the principal plaintiff withdraws the injunction and damages filed against STC. In return, STC will no longer ask for damages against the principal plaintiff.
Earlier, lawyer Cornelio Mercado filed an amended complaint-in-intervention for damages before Branch 22, however, Patalinghug ordered the complaint expunged from the records for being “gross violation of the rules” for failure to get permission from the court to intervene.
The case stemmed from the decision of STC to ban five of its students from attending the graduation rights for violating school rules. The students posted alleged “lewd” photos in a social networking site. – (FREEMAN)