School sued for keeping student’s file

CEBU, Philippines - A civil case for injunction and damages with preliminary mandatory injunction was filed against the Harvest Christian School International for allegedly refusal to turn over the Form 137 of a Grade 6 student to the Woodridge International School.

In their complaint, Bensing and Cynthia Raguindin asked the court to compel HCSI to turn over the form of their son to Woodridge as one of the requirements for graduation.

The couple said the actions of HCSI in holding the form was a violation of constitutional rights, the Universal Declaration of Human Rights, the International Covenant on Social, Economic and Cultural Rights and the right to education.  As a result their son was not included in the list of graduating students for March 2013.

The defendants of  the case were HCSI director/school administrator Arturo Tangal, classroom adviser Abigail Namocatcat and school principal for year 2008-2009 Mary Pluryle Bucol.

The boy was enrolled in Grade 2 at HCSI for school year 2008-2009 together with his two brothers in Grade 5 and fourth year high school.

The couple said the school made them pay P61,530.80 as initial payment for their three sons upon enrollment. For the son involved in the case they were required to pay P19,262.95 as initial payment and paid an additional P2, 902.73 on July 10, 2008.

However, on July 17, 2008, the couple said their son said he no longer wanted to go back to the school after Namocatcat threw a book at him that “hit his arms and stomach when he tried to cover his face” after she caught him talking to a classmate.

Cynthia reported the incident to the school principal but the latter allegedly protected Namocatcat and would not allow her to confront the teacher.  This made them decide to transfer their three sons to Woodridge.

The couple said they paid in full the tuition fee of their other two sons because they were voluntarily withdrawn. They did not pay the tuition fee of the son involved in the case due to a valid reason. They added HCSI only forwarded the records of their other two sons.

On Apr. 27, 2011, the couple said HCSI sent them a notice regarding the unsettled account of their son.

“To the dismay of the complainants interests were added and the payable amount and the same ballooned to P38,083.47 instead of only P23,221.87 more or less. In a statement of account dated July 31, 2012, the unpaid account already amounted to P50.270.19,” the complaint read.

The couple said HCSI refused to turn over the form because of their outstanding balance. The deadline of the submission of the form 137 was set on the first week of December.

Moreover, the couple asked defendants to pay them P100,000 for moral damages, P50,000 for exemplary damages and P50,000 for attorney’s fees and cost of litigation.

In a phone interview, the school admitted not turning over the form to Woodridge.  A man who refused to be identified said they sent a final demand letter to the couple last Sept. 28.  —BRP (FREEMAN)