IN its decision on July 28, the Court of Appeals (CA) chided the Santo Niño Parochial School (SNPS) for denying the request of its alumna for a Certificate of Good Moral Character.
“Krisel [Mallari], just like any other child, commits transgressions and therefore, must be disciplined. However, the manner by which she is disciplined should not go to the extent of spoiling or destroying her dreams and aspirations,” the CA pointed out.
“Certainly, the unreasonable nonissuance of the Certificate of Good Moral Character, which apparently appears to be an act of vengeance, adversely affects the bright future awaiting Krisel,” it added.
In an eight-page resolution penned by Associate Justice Socorro B. Inting, the CA’s Second Division granted on Tuesday the plea of Mallari for the issuance of a writ of preliminary mandatory injunction to compel SNPS to release the certificate. Mallari needs that document to be able to qualify for admission in the University of Santo Tomas’s (UST) accountancy program, where she already has a reserved slot.
The appellate court noted that UST will start its classes next month, thus, it is necessary for the school to immediately release Mallari’s Certificate of Good Moral Character.
In her petition filed before the CA, through Public Attorney’s Office chief lawyer Persida Acosta, Mallari and her father Ernesto said the continued refusal by SNPS to release her Certificate of Good Moral Character is “unjustified.”
The CA, in siding with Mallari, said SNPS’s nonissuance of Mallari’s Certificate of Good Moral Character is “unreasonable” and shows the school’s “chronic lack of concern to a child who it has reared for 11 years under its care.”
“Krisel’s welfare is of paramount interest and of primordial consideration, and the State is mandated to act on her behalf to ensure that her rights are protected, and her dreams and hopes are not put to waste,” the CA added.
The Court did acknowledge that Mallari’s actuations during the graduation rites on March 21 has created doubts on the credibility and integrity of the school.
However, it stressed that it is sufficient to justify the withholding from Mallari the certificate.
“Krisel is entitled to the fundamental freedom to express one’s views and opinions without undue restraint. Krisel should not be punished arbitrarily for exercising her right to freedom of expression,” the CA explained.
Mallari became controversial after a video of her graduation speech showing her criticizing the school “for its dirty and dubious” system went viral in social media.
School officials cut short her speech and forced her to leave the stage.