Caballeros, “The Die is Cast”

WE HAVE been running in the same circles concerning the elusive future of Chevalier School. An educational institution which has faithfully served our community for more than 60 years.

Pampanga Archbishop Florentino Lavarias said the “MSC Fathers cannot continue to operate Chevalier School in the present venue because there is a Roman Rota decision based in Vatican City, Rome, Italy—the headquarters of the Catholic Church—nullifying the contract of lease between the Sacred Heart Mission Seminary, Inc. and the Roman Catholic Archdiocese of San Fernando (RCASF).” He added, the RCASF already agreed with the MSC Fathers to sign a new 10-year lease contract from January 1, 2016 to December 31, 2025” but the case filed in court negated the Chevalier School’s extension. On December 26, 2019, the RTC Branch 58 issued a decision prohibiting the MSC Fathers from signing a lease contract.

THE RULE OF LAW
Under Section 1., Article XIV of the 1987 Philippine Constitution, “The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.”

Rewinding a portion of the past, on October 31, 1958 a contract of lease was entered into between the then Diocese of San Fernando, Pampanga as the lessor and Sacred Heart Mission Seminary, Inc. (SHMSI) as the lessee and duly notarized in the Philippines. The RCASF allowed the lease for 99 years. On December 26, 2019, the Regional Trial Court Branch 58 – Angeles City in the case of Chevalier School Employees Union, et. al, vs. Chevalier School, Inc. et. al. and docketed as Civil Case No. R-ANG-17-00615-CV promulgated its decision to continue Chevalier School’s operations until the end of school year 2033. The RTC rendered confirmation, validation and making permanent the writ of preliminary injunction dated March 24, 2017 citing “a reasonable basis on the need to protect petitioners-students’ right to finish their course and the necessity to grant injunction on the respondents’ imminent act of executing a new lease of contract that materially invades petitioners-students’ rights to education.” The petition was filed on behalf of the petitioners-students by CS parent and lawyer Regina Gopez-Agustin.
Parents and students are wary that the MSC and RCASF might be contemplating on circumventing the court decision as the school year 2020-2021 inches closer to an end. “Time is not on our side, to this date no advisory for the next school year’s enrollment has been posted. Any counter-action is a material invasion of students’ right to education which is the very crux of the said court ruling and hence, an adhesive patent violation,” Atty. Gopez-Agustin warned.

LGU SUPPORT
Angeles City Mayor Carmelo Pogi Lazatin Jr, Education Committee chairman Doc Alfie Bonifacio, Law Committee chairman Atty Arvin Pogs Suller and other SP members were prompted to meet Archbishop Lavarias in his office in San Fernando and appealed to grant the school’s extension plus the score of marathon hearings conducted between the petitioners, MSC and RCASF to reap an amicable settlement. The Sangguniang Panlungsod (SP) of Angeles City affirmed its unanimous support to the RTC ruling to continue Chevalier School’s operations until the end of school year 2033.

SUDDEN CLOSURE IS ALARMING – DepEd
DepEd Division of City School-Angeles City representative Glen Sarmiento, who is in charge of private schools, said their primary concern is the welfare of the students who will be displaced which is tantamount to the revocation of the school’s recognition. From zero status it requires a minimum of six years in order to regain its recognition. There are 1,300 students from kindergarten to grade 12, and 89 teaching and non-teaching personnel who are directly affected by the closure not to mention as well its economic impact to other industries symbiotically co-existent with the institution for more than 60 years. The senior high students are affected to a great degree by the impending closure due to strand variations in the DedEd’s Senior High School Core Curriculum Subjects. Not all schools teach the same subjects at the same time, for example, philosophy is included in the Chevalier School grade 11 curriculum, however other schools teach this subject in grade 12 hence it is highly possible for the “irregularization” of Caballeros once transferred to another school. Sarmiento also warned both public and private schools in Angeles City have no capacity to accommodate transferees in the event face-to-face classes are resumed.

SURGE OF TRANSFEREES TO PUBLIC SCHOOLS
Around two million students of the K-12 curriculum were forced to leave private schools last year due to the economic impact of COVID-19, according to the Coordinating Council for Private Educational Associations of the Philippines (COCOPEA). COCOPEA managing director Atty. Joseph Estrada said prior to the pandemic, around four million out of the total 27 million basic education learners in the Philippines are enrolled in private schools. However, Estrada said that based on a survey, this number decreased by 25% to higher than 50% because of the belt-tightening measures employed by many Filipino families. The Commission On Audit told the government to address deficiencies in the public school system by building more school buildings. But all this is easier said than done. In 2015, DepEd ordered every municipality to build a public senior high school. Despite DepEd’s efforts, gaps remained especially in distant areas where low demand made it difficult to open public senior high schools. But you don’t just give seats, you have to give them access to quality education.

FINAL DEMAND
In the event the MSC violates or defies the subject decision and, at the same time, no more slots are available for transferees in other schools due to time constraint, or they will opt not to accept transferees on account of the said SP Resolution to avert possible cross contamination of COVID-19, more than a thousand students will be displaced giving rise to the violation of their constitutional right to education.
“We are determined to enforce the RTC ruling, inasmuch as there is already a final, valid, binding, and executory decision enjoining Chevalier School to continue its operation until school year 2033, the MSC have to comply with the lawful order of the court, otherwise necessary motions will be filed”, emphasized Atty. Gopez-Agustin in an interview over Brigada News FM 92.7. “The MSC is obliged to accept enrollees otherwise they will be cited for contempt of court and like ordinary civilians the MSC have no immunity by law. Actually from the beginning we were not obliged to file a case against them because in effect there is already a binding lease agreement for 99 years. We did our best to win this case and together we won’t stop fighting for our children’s future,” she asserted.

RECOGNITION & ENFORCEMENT OF FOREIGN JUDGEMENTS
It said the MSC cannot extend its stay in the RCASF property beyond the end of the school year 2020-2021 even to a maximum of five years following the decision of the Roman Rota in Vatican City, Rome, Italy that ruled in favor of the RCASF. The Roman Rota is the highest appellate tribunal of the Catholic Church, and is the highest ecclesiastical court constituted by the Holy See related to judicial trials conducted in the Catholic Church.

However, Philippine courts do not take judicial notice of foreign judgments and laws, particularly Roman Rota Judicial Rulings in the Catholic Church. Foreign judgement must be proven as fact under our rules on evidence – Supreme Court Second Division, July 1, 2019 (G.R. No. 213198). According to the book authored by Baker McKenzie entitled “Dispute Resolution Around the World – Philippines”, the Recognition and Enforcement of Foreign Judgments in Philippine laws adhere to a System of Qualified Recognition. This implies that a judgement of another foreign state or sovereign country may not be directly enforced in the Philippines. But this respect is given if certain conditions are met and once proven as a fact. Such enforcement should be filed with the appropriate Regional Trial Court in the Philippines. On the other hand, enforcement can be refused if the Philippine court finds that the foreign court lacked jurisdiction, failed to give notice to the other party, or that there was collusion, fraud, or clear mistake of law or fact. In the CS case, it never occurred in any way—the RCASF and MSC through their Manila-based lawyers— intervened or manifested their objections or interests when the CS stakeholders filed the case and neither filed a motion in the RTC to enforce the Roman Rota ruling. The Philippine courts must be convinced that there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction and there is a presumption of regularity. Nobody from the CS stakeholders was invited in Italy to defend the school’s future during the Roman Rota trial. Moreover, a foreign judgement will not be enforced or recognized when it runs counter to laws in public order, public policy and good customs (Republic vs. Hon. Mupas, G.R. No. 181892, September 8, 2015). Moreover, the Philippines is not a signatory or party to any convention, bilateral or multilateral treaties on recognition and enforcement of foreign judgements, except for the New York Convention For the Enforcement of Foreign Arbitral Awards.

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