THE Court of Appeals (CA) was asked to cite for indirect contempt and order the immediate arrest of Santo Niño Parochial School (SNPS) officials, including registrar Yolanda Casero, for refusing to heed the CA order for the release of the Certificate of Good Moral Character of school salutatorian Krisel Mallari.
In a 10-page very urgent motion, Mallari, through Public Attorney’s Office chief lawyer Persida Rueda-Acosta, said respondents SNPS and Casero continue to refuse her request for the issuance of the certificate despite a court order.
Mallari said the issuance of a bench warrant of arrest against Casero is warranted until the school complies with the appellate court’s ruling.
Acosta filed the motion after Krisel and his father Ernesto Mallari, armed with the CA ruling, personally went to the school to seek release of the student’s certificate, but were turned down on the ground that the school has yet to receive an official copy of the CA resolution.
They recounted that upon their arrival, the guard on duty did not allow them inside the school. They, however, found out that a copy of the resolution served by the process server of the CA had already been received by the school.
Instead, one Arturo Baui told them that upon the advice of their counsel, one Atty. Resurreccion, the school may not issue the Certificate of Good Moral Character until the lawyer has received the CA order; and that instead of the school, the petitioner and her counsels should coordinate with the school’s counsel.
“Thus, after another 10 minutes, petitioner and her father left the school extremely frustrated of the apparent stubbornness of the school and Mrs. Casero to issue a Certificate of Good Moral Character, to the point of even ignoring this Court’s directive—an indication of their disrespect toward lawful processes and authorities [just like their obstinate refusal to comply with the directive of the Department of Education],” the motion added.
The petitioner noted that there are only two working days left for Krisel to process her enrollment at the University of Santo Tomas (UST). She is qualified to avail herself of the 50-percent scholarship.
“It seems that the two working days left for petitioner to process her enrollment in UST and avail of the 50-percent scholarship to which she is entitled to as a salutatorian, would not be enough, as the school is bent on denying her right as recognized by this Honorable Court,” it pointed out.
In an eight-page resolution penned by Associate Justice Socorro B. Inting, the CA’s Second Division granted the plea of Mallari for the issuance of a writ of preliminary mandatory injunction to compel her school to release the certificate.
“Krisel, 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.”