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[G.R. No. 141698. June 14, 2000]

POVEDA LEARNING CENTER, et al. vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 14 2000.

G.R. No. 141698 (Poveda Learning Center, Teresa L. Ferrer, Carmen LL. Sayo, Gigi Almario and Carlota Cawagclan vs. Court of Appeals; Judge Marciano Bacalla, Spouses Roque Gonzales Jr. and Madeline B. Gonzales, and Denise Anne B. Gonzales.)

Private respondent Denise B. Gonzales was a first year high school at petitioner Poveda Learning Center (POVEDA for brevity). She was investigated by the Discipline Committee of POVEDA for allegedly giving an "ecstasy" pill to her classmate Justine Montelibano which caused the latter to be hospitalized due to adverse reactions after swallowing the pill, as well as for having been caught smoking within the school premises during the school fair on 13 November 1999.

After a formal investigation where private respondent Denise Anne B. Gonzales was represented by her parents and three (3) lawyers, POVEDA imposed upon her the extreme penalty of "immediate exclusion."

On 4 January 2000 private respondents sought relief in the Regional Trial Court of Quezon City by filing a Complaint for damages with prayer for Writ of Preliminary Mandatory Injunction directing POVEDA to allow Denise to attend classes. In its Order dated 5 January 2000 the trial court granted the writ ordering POVEDA to allow Denise to continue her freshman year and be given make-up classes for the school days she was not permitted in school after the filing by private respondents of a P220,000.00 bond.

Petitioners filed a Petition for Certiorari before the Court of Appeals with prayer for a Temporary Restraining Order and Writ of Preliminary Injunction. On 13 January 2000 the appellate court issued a Temporary Restraining Order enjoining Judge Bacalla and/or private respondents from implementing the Writ of Preliminary Mandatory Injunction pursuant to the 5 January 2000 Order of the Quezon City trial court. However, on 31 January 2000, after receipt of private respondents' Comment and Manifestation, the appellate court lifted the Temporary Restraining Order reasoning that it was in the higher interest of justice to allow Denise to finish the thirty-four (34) remaining days of school year 1999-2000.

On 14 February 2000 petitioners filed this present Petition for Review on Certiorari with prayer for a Temporary Restraining Order and Writ of Preliminary Injunction to prevent the Court of Appeals from implementing its 31 January 2000 Resolution. On 21 February 2000 this Court issued a Temporary Restraining Order (a) enjoining public respondent Judge Marciano I. Bacalla and private respondents from further enforcing and implementing the questioned Resolution of the Court of Appeals dated 31 January 2000 which lifted the Temporary Restraining Order against the Quezon City trial court thereby restoring the Writ of Preliminary Injunction issued pursuant to the Order of 5 January 2000 of that court in Civil Case No. Q-99-39594, and (b) also enjoining, the same public respondent from conducting further proceedings in the case.

In an effort to settle the bitter controversy, petitioners offered a Memorandum of Agreement embodying a home study program far Denise so she could take her final exams in POVEDA and finish her freshman year. But private respondents rejected the offer and insisted that' their daughter be allowed to attend the remaining ten (10) school days as a regular student.

The ultimate issue in this petition is whether Denise should be allowed to finish the remaining days of her freshman year at POVEDA. However, this issue has been rendered moot by the fact that classes at POVEDA ended on 10 March 2000. Consequently, the only matter left to be resolved is whether private respondents are entitled to damages as they maintain that the exclusion of Denise from POVEDA was without due process of law. This, however, is not for this Court but for the trial court to decide.

WHEREFORE, the petition is DENIED for lack of merit and for being moot and academic. Accordingly; the Temporary Restraining Order issued by this Court on 14 February 2000 is LIFTED. The Letter of private respondent Denise Anne B. Gonzales dated 22 February 2000, the Manifestation by counsel for private respondents dated 20 March 2000 and the Reply of petitioners dated 28 April 2000 are NOTED.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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