Court dismisses amended complaint against STC

CEBU, Philippines -  Judge Silvestre Maamo of Regional Trial Court (RTC) Branch 17 dismissed the amended complaint in intervention filed by the parents of the minors who were not allowed to participate in  the commencement exercise of the Saint Theresa’s College High School Department due to a school violation.

“In fine, this court rules that the amended complaint in intervention is improper in this case,” the resolution reads.

Last March 30, five graduating students of STC were barred from participating in their graduation rites after they have violated the school rules and regulation by allegedly posting ‘obscene’ photos in their Facebook accounts.

Prior to the graduation day, the parents of the minors filed a civil case before the court seeking for remedy to allow their children to participate in the graduation rites. 

Judge Wilfredo Navarro, the first handling judge issued a temporary restraining order (TRO) directing the school and its administration to cease and desist from implementing the sanction against the minors.

However, STC defied the order of the court.

On April 2, 2012, Navarro inhibited from handling the case citing lack of jurisdiction as the case belongs to a family court.

The case was raffled to Judge Manuel Patalinghug. However, the latter ordered the reraffling of the case among the regular court citing lack of jurisdiction.

Finally, the case was assigned to Maamo, a regular court.

Maamo, in his resolution, stated that because of the conflicting rulings on which court has jurisdiction over the case, the motion for intervention was “overlooked and remained un-acted.”

On November 20, 2012, the court conducted a pre-trial of the case, but the defendants’ counsel raised that the intervenors have no personality to file a motion due to non-admission of their intervention.

The original petitioner entered into a compromise agreement with the school which was approved by Maamo dated September 17, 2012.

The injunctive relief sought by the intervenors has already become moot and academic.

Maamo rendered his decision to disallow the amended complaint in intervention dated April 9, 2012, to recall the notice of pre-trial conference issued in line of the case, denying the motion to declare defendants in default.

Lawyer Cornelio Mercado, counsel of the intervenors told The FREEMAN he will reserved his comment once he will received the resolution of the case.

“I did not receive it yet. I will comment once I’ve read the resolution,” he said.

Aside from the school, the other defendants were school Principal Sister Celeste Ma. Purisima Pe, student affairs moderator Marnie Racaza, discipline in-charge Kristine Rose Ligot and homeroom adviser Edita Josephine Yu.  (FREEMAN)