CA orders salutatorian’s school to explain defiance

MANILA, Philippines - The Court of Appeals (CA) yesterday gave the Santo Niño Parochial School (SNPS) 24 hours to explain why it should not be cited in contempt for initially refusing to issue a certificate of good moral character to its salutatorian, who became controversial after she criticized the school in her graduation speech last March.

The CA’s Second Division issued the order after Krisel Mallari, through Public Attorney’s Office (PAO) chief Persida Rueda-Acosta, filed an urgent motion following the refusal of SNPS officials to comply with the court’s ruling.

The SNPS issued the certificate to Mallari late Thursday but it has yet to inform the appellate court of its compliance.

Rueda-Acosta said they would not yet withdraw the contempt case against the school officials.

She said they would wait first if the University of Santo Tomas (UST) would honor the certificate issued to Mallari.

Rueda-Acosta noted that SNPS issued the certificate “with reservation, under protest and full intent” to question the legality of the order of the appellate court.

The certificate issued to Mallari included a section saying the CA issued a resolution without notice and a hearing.

Maritonie Resurreccion, counsel for SNPS, said they intend to challenge the CA ruling with a motion for reconsideration, among other legal remedies.

Asked if they would withdraw the contempt case if UST accepts the document, Rueda-Acosta said they would have to study such a possibility.

Mallari was admitted to UST’s accountancy program.

In a two-page resolution, the CA ordered SNPS and school registrar Yolanda Casero to explain why they should not be cited in contempt for not releasing Mallari’s certificate of good moral character in defiance of the writ of preliminary mandatory injunction it issued on Wednesday.

“The school and its registrar are directed to file comment on the motion filed by Mallari within 24 hours from notice, taking into consideration that time is of the essence since, as manifested by the petitioner, classes at UST will start on Aug. 3,” read the resolution penned by Associate Justice Socorro Inting.

Associate Justices Remedios Salazar-Fernando and Priscilla Baltazar-Padilla concurred with the ruling. 

PAO on Thursday filed a very urgent motion, asking the appellate court to issue a bench warrant for the arrest of Casero and other SNPS officials.

The petition was filed after the school on Wednesday refused to issue the certificate to Mallari to allow her to enroll in UST despite the CA resolution.

The appellate court said Mallari should not be arbitrarily punished for exercising her freedom of speech.

It explained that the school’s refusal to issue Mallari’s certificate was “unreasonable and showed chronic lack of concern to a child whom it has reared for 11 years under its care.”

The CA pointed out that while Mallari’s actuations during the graduation rites held on March 21 has created doubts on the credibility and integrity of the school, it was not sufficient to justify the withholding of her certificate.

The 16-year-old Mallari made headlines in March after she deviated from her prepared speech and criticized the school. 

School officials stopped Mallari from delivering her revised speech, saying it was not appropriate as she was supposed to deliver the welcome remarks for the commencement rites. – With Janvic Mateo