RTC exec. judge returns STC case to Judge Patalinghug

CEBU, Philippines - Regional Trial Court Executive Judge Silvestre Maamo directed the raffle committee to return the records of the injunction and damages case filed against Saint Theresa’s College back to the sala of Judge Manuel Patalinghug.

Earlier, Patalinghug remanded the entire records of the case to the Office of the Clerk of Court citing lack of jurisdiction.

He said the injunction and damages case belongs to a regular court and not the family court which Patalinghug presides.

Maamo, in his order, directed Patalinghug to resolve the motion for partial reconsideration filed by the STC High School Department.

“Since the motion is addressed to my order, it is necessary I’ll be the one to resolve it,” Patalinghug told the media.

With regards to the compromise agreement between the parents and the school, Patalinghug said it is not necessary for him to be the one to approve it.

“Compromise agreement…not necessarily but if I have a jurisdiction…I might,” he said.

Patalinghug said he will again evaluate the case if he has jurisdiction to hear it.

STC’s legal counsel Romeo Balili expressed his gratitude regarding this development.

“Yes I’m happy. I hope he will reconsider his earlier order and will act on the case…and so he will be able to act on the compromise agreement,” he said.

Balili likewise expressed their eagerness, hoping the court will approve their compromise agreement so there will be no case.

He added for those other complainants that they are “very, very open for a compromise agreement.”

Another STC lawyer, Joan Largo, told The Freeman there are now only two complainants in the case after two parents entered into a compromise agreement.

She added that the compromise agreement was upon the request of the minors.

Meanwhile, lawyer Cornelio Mercado, counsel of the two remaining complainants, told The Freeman that there is no problem in returning the case back to Patalinghug.

In a text message, Mercado expressed his concern over the delay.

“The branch 22 order is explicit, it sent strong ruling that the case is beyond jurisdiction of family court. We have no problem with that. Those who wish to disagree may have to elevate the matter to higher court. But what I’m more concerned about is the resultant delay,” Mercado’s message reads.

Mercado said he will raise all issues before the court.

“Let all facts come out when trial starts and let justice take its course at the end of the day. At the end of the day, truth will come out. Let the court ruling say what really happened and who erred,” he said.

To recall, the STC high school department banned the said students to participate in the graduation rights for violating the student’s handbook which prohibits the posting of “lewd” photos on social networking sites. — (FREEMAN)