The Magalonas accused Assumption of denying their daughter, teen actress and model Maxene, due process when asked to leave the school when she did the advertisement. Maxene was then a first year high school student.
The school rules prohibit students from "participating in beauty contests, pageants, all modeling and fashion shows, television shows, movies, advertisements, other media exposures" and similar activities during the school year, including summers and holidays.
Maxene and her mother did ask permission from the school to do the commercial but when told it was not allowed, they still proceeded and refused to explain why to the administrators, Assumption said.
In a 34-page comment filed last July 12 before the First Division of the SC, Assumption, through Sr. Carla Teresa Infante, said the school did not expel Maxene in the first place.
According to Assumption, the school’s administrative coordinator, Norma Aguilos merely told Maxene to "stay home and her daily assignments will be sent there through her sister studying in the same school" after her parents refused to explain her offense.
"This is not expulsion. Petitioner is merely invoking ‘automatic expulsion’ and the alleged lack of due process in imposing the sanction in an effort to make her case fall within the jurisdiction of regular courts," the school said.
In its comment, Assumption said the matter should be handled first by the Department of Education and not the courts.