The Public Attorney鈥檚 Office, representing Krisel Mallari and his father Ernesto asked the Court of Appeals, on Monday, to cite for indirect contempt and jail the officials of the Sto. Nino Parish School in Quezon City for failing to issue a proper certificate of good moral character to the high school graduate.
鈥淎 mere perusal of the so-called certificate of good moral character would reveal that the same is not in faithful compliance with this Honorable Court鈥檚 directive,鈥� the PAO, through its chief Persida Acosta, said in an eight-page very urgent manifestation with reiteration of the motion of compliance filed last July 30.
The certificate was issued last July 30 by SNPS principal Herminida Catud. Acosta, however, said the school made a statement on the certificate that the document being issued 鈥渨ith reservation,鈥� 鈥渦nder protest鈥� and with 鈥渇ull intent to assail the legality, validity and authority鈥� of the Court of Appeals.
The certificate also noted that there was a case filed with the lower court, which initially denied Mallari鈥檚 plea for the issuance of the certificate, and that the Court of Appeals, illegally ordered the issuance of the document without notice and hearing.
Mallari submitted the certificate to the University of Sto. Tomas, where she has intended to enroll, on July 31. The dean said the matter would be taken by the university council on Tuesday (Aug. 4).
鈥淗ence, there is still uncertainty in her future with the UST; although the latter came to know of the fact that classes in the university will actually start on August 10, (August 3 being the freshmen orientation),鈥� Acosta said.
Acosta said the school鈥檚 notations on the certificate constituted 鈥渂ad faith鈥� and were intended to 鈥渂lock any future petitioner Krisel has with UST.鈥�
The PAO chief said there was no need state the history of case before the courts 鈥渇or it is basic that a challenge against the same should be lodged in the proper forum and by availing of the proper remedy.鈥�
鈥淭he respondents, through Principal Catud, did not content themselves with merely issuing a qualified certification, but one which blatantly questions the wisdom of this Honorable Court and attacks its integrity and credibility, in a manner so contemptuous in character. Furthermore..[she] gives the appearance of being sarcastic in her certification鈥攁n affront against the authority of this Honorable Court,鈥� the PAO chief said.
Acosta noted that the writ of preliminary injunction issued by the Court of Appeals last July 29 ordered SNPS and registrar Yolanda Casero to immediately release the certificate 鈥渋n favor of Krisel.鈥�
鈥淣o doubt, the respondents, through Principal Catud, displayed nothing less than their propensity to circumvent and resist any ruling to their disadvantage. This clearly demonstrates how stubborn the respondents are,鈥� Acosta added.
鈥淐learly, the respondents made a mockery out of the lawful process of this Honorable Court. [They] owe the courts candor and must call a spade a spade鈥� We cannot allow their wily ways to make a mockery of the justice system and render a final judgment empty. They should avail of remedies for their grievances in accordance with law,鈥� Acosta said, citing jurisprudence.
The PAO also recalled that SNPS, through Casero, earlier affirmed that there was already a certificate for Krisel but it was on hold per the instruction of the school director.
鈥淸This] implies that there is a valid and unqualified certificate available, but its release is put on hold. Thus, petitioner Krisel continues to suffer in the hands of the respondents鈥搘ho appear to be vindictive and cruel guardians of their students,鈥� the pleading stated.
The PAO said the respondents remained accountable for indirect contempt under Rule 71 of the Rules of Court, and must explain their actions in accordance with the appeals court鈥檚 order.
The PAO also asked the court to issue an order to jail the respondents until full compliance with the court鈥檚 order, citing Section 8 of Rule 71, which stated: 鈥淲hen the contempt consists in the refusal or omission to do an act which is yet in the power of the respondent to perform, he may be imprisoned by order of the court concerned until he performs it.鈥�
鈥淪ince (the) issuance of Krisel鈥檚 certificate is still within the power of the respondents to perform, respondent Mrs. Casero and respondent SNPS, through its top-level officials, may be ordered arrested until they comply with this Honorable Court鈥檚 directive,鈥� Acosta said.