OCA to resolve impasse in civil case versus STC

CEBU, Philippines - Following a stalemate on whose jurisdiction the injunction case against Saint Theresa’s College should fall, the Office of the Clerk of Court of the Regional Trial Court in Cebu City is elevating the matter before the Office of the Court Administrator.

The office of the clerk of court has not included the case in the raffling because they are in a quandary which court should it be raffled off. Whether it will be assigned to a regular court or to a family court is a matter that they could not decide following the inhibition of the two judges previously handling the case.

The case was first raffled off to RTC Branch 19 Judge Wilfredo Navarro, who issued a temporary restraining order against the STC. Navarro however inhibited from the case citing lack of jurisdiction.

Navarro explained that the case should be heard by a family court because it involves minors. It was re-raffled to RTC Branch 22 Judge Manuel Patalinghug, a family court. However, Patalinghug also beg off from the case citing the same reason as that of Navarro.

According to Patalinghug, the case belongs to a regular court because it is a civil action for injunction.

Patalinghug enumerated the cases that fall under his jurisdiction and injunction is not one of them. He said only criminal cases involving minors, petitions for guardianship, custody of children, adoption of children, annulment of marriage and declaration of nullity of marriage are under his jurisdiction.

The impasse prompted the clerk of court to have it resolved by the Office of the Court Administrator.

The civil case for injunction was filed by the parents of the four high school students who were barred from joining the graduation rites last March because of alleged violation of the school policy.— (FREEMAN)