Damage suit vs. STC for banning students gets new judge

CEBU, Philippines - After having shelved for awhile, the civil case for injunction and damages filed by the parents of the minors who were barred from attending their graduation rites last March was finally included in the raffle yesterday and assigned to a new judge.

Executive Judge Silvestre Maamo of the Regional Trial Court Branch 17 will continue hearing the case after having stalled because of the inhibition of the two judges previously handling it.

The raffling of the case came after the Office of the Court Administrator in Manila directed the Office of the Clerk of Court in Cebu to re-raffle the case to a regular court.

 “After a careful review of the conflicting decisions in the above mentioned case, this Office finds the conclusion of facts of Judge Manuel Patalinghug to be in order,” read a memorandum issued by deputy court administrator Antonio Eugenio Jr.

Maamo earlier referred the case to the OCA after two judges claimed no jurisdiction over the case. Patalinghug who is handling a family court and Judge Wilfredo Navarro who presides over a regular court previously inhibited themselves from the case citing no jurisdiction.

Patalinghug contended that the case belongs to the jurisdiction of the regular court while Navarro insisted that it falls under the jurisdiction of the family court resulting in a deadlock.

Maamo on June 13 decided to endorse the case for OCA to resolve the deadlock.

The case was originally raffled off to Navarro’s court but he later inhibited citing lack of jurisdiction. His inhibition came after the Saint Theresa’s College defied his temporary restraining order.

Navarro earlier issued a TRO against the school allowing the five high school students to attend their graduation ceremony last March. But the school defied the order.

Instead of taking action against the school, Navarro inhibited himself. The case was then raffled off to Patalinghug who also inhibited himself later citing lack of jurisdiction.

The five students were barred by the school from attending their graduation after they were found guilty of violating the school rules and regulations for posting obscene photos on Facebook. (FREEMAN)