Krisel Mallari asks court to cause arrest of high school officials
Krisel Mallari, the salutatorian who tried delivering a speech against her school last March, on Thursday asked the Court of Appeals to cite in contempt and order the arrest of officials of the Santo Nino Parochial School (SNPS).
In a "very urgent motion," Mallari requested the appeals court to issue a bench warrant against school administrator Yolanda Casero and "top-level officials" of the SNPS for defying a CA temporary restraining order that directed the school to issue a certificate of good character for Mallari.
A bench warrant is usually issued in a contempt case when there is willful disregard or disobedience of a court authority.
"It is most respectfully prayed of this Honorable Court that the instant manifestation be noted, as this Honorable Court may deem it imperative to initiate Indirect Contempt proceedings against the respondents motu proprio," said the PAO in behalf of Mallari, citing Section 4, Rule 71 of the Rules of Court.
"Since issuance of petitioner Krisel’s Certificate of Good Moral Character is still within the power of the respondents to perform, respondent Mrs. Casero and respondent Santo Niño Parochial School, through its top-level officials, may be ordered arrested until they comply with this Honorable Court’s directive," read the manifestation.
In its resolution, the CA sided with Mallari in contesting the non-issuance of the document. The CA said Mallari should not be prevented from pursuing college merely because a "transgression" in school.
In her petition, Mallari, through her father Ernesto Mallari and the PAO, said she needed the certificate for her admission to the University of Sto. Tomas, where she plans to take up accountancy.
The school, however, had once again refused to issue the certificate on Wednesday, saying it has yet to receive a copy of the CA order.
Mallari's camp, also on Wednesday, tried giving the school a copy of the CA resolution, but they were unable to speak with school officials, who were allegedly attending a seminar/orientation at that time.
"Up to this time and despite receipt, there is no effort on the part of respondents to comply with the writ of preliminary mandatory injunction. Thus, it is clear that respondents continuously, deliberately and stubbornly refuse, without any valid reason, to comply with the Honorable Court’s directive," read the manifestation.
The PAO said when it tried to give a copy of the CA ruling to the school's counsel, Maritonie Resurreccion, at 4:30 p.m., the PAO was able to confirm that she had apparently received a copy of the ruling earlier from the CA's process server.
The PAO told the court that Mallari only has two days left to process her enrollment and avail of a 50-percent discount for being a salutatorian.
"The two days... would not be enough, as the school is bent on denying her right as recognized by this Honorable Court," said the student's camp. -NB, GMA News