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Rep blic of The Philippines

Regional Trial Co rt
Ceb Cit
Branch 1

RHONDA AVE S. VIVARES, a SPS. MARGARITA a


DAVID SUZARA
Petitioner,

SP Ca N .
06-35706

F : ​PETITION FOR
INJUNCTION WITH
APPLICATION FOR THE
ISSUANCE OF A
TEMPORARY
RESTRAINING ORDER
- -

ST. THERESA'S COLLEGE,


Respondent.

----------------

JUDICIAL AFFIDAVIT OF PROSPERA C. DE JESUS

I. OFFER

I,​ S . P a C. D J ,​ Filipino, of legal age, a resident of


Di ine Word Con ent, St. Rita Compo nd, Ceb Cit after ha ing
been s orn in accordance ith la , respectf ll state that:

The person e amining me is Att . Moira C. Sarmiento, ith office


address at Unit 2402, Antel Corporate Center, Legaspi Village, Ceb
Cit . The e amination as held on March 20, 2020 at the office
aforesaid, and that I ans ered the q estions f ll conscio s that I am
doing so nder oath and that I ma face criminal liabilit for false
testimon or perj r . The e amination as held at the same address.

A . Sa :

Yo r honor, e respectf ll s bmit this J dicial Affida it to form part


and be adopted as Sr. Prospera C. De Jes s direct testimon for the
follo ing p rposes:
1. That she is a fac lt member of St. Theresa s College.
2. That she is the homeroom ad iser of J lia Dal , J lienne
S ara, and Angela Tan.
3. To pro e the circ mstances and series of e ents s rro nding
the academic proceedings and the s bseq ent sanction.
4. To pro e the character of her st dents.

II. JUDICIAL AFFIDAVIT PROPER

1. Q- Please state o r name, age, residence and occ pation.

A -I am ​SISTER PROSPERA C. DE JESUS​, 49 ears old, a


resident of Di ine Word Con ent, St. Rita Compo nd, Ceb
Cit . I am a fac lt member of St. Theresa s College and the
homeroom ad iser of 4-Mahogan .

2. Q- Please describe o r role and f nction as fac lt member.


A- I am a fac lt member in St. Theresa s College. I teach
A aling Panli nan for three sections namel : 4- Narra,
4-Mola e, and 3-Sampag ita. I am also the c rrent homeroom
ad iser of 4-Mahogan .

3. Q- Ho long ha e o been teaching in the said ed cational


instit tion?
A- I ha e been teaching for t ent -fi e (25) ears, Ma am.

4. Q- In the said sections, ho man st dents do o ha e?


A- Aro nd t ent (20) ears, Ma am.

5. Q- Ho long ha e o been a homeroom ad iser?


A- Aro nd thirt (30) st dents or less, Ma am.

6. Q- In o r homeroom class, ho man st dents do o ha e?


A- Aro nd thirt (30) st dents also, Ma am.

7. Q- In relation to o r ork as homeroom ad iser, hat do o


s all do, if an ?
A- I meet m st dents three (3) times a eek for homeroom
class. The school administration req ires fac lt ad isers to
cond ct acti ities to get to kno o r ad isees.

8. Q- What are these acti ities, if an ?


A- We cond ct retreat and recollection acti ities per semester.
These enable s to get to kno o r st dents o tside the
classroom setting.
9. Q- Ho are o related to st dents J lia Dal , J lienne
S ara, and Angela Tan ( St dents )?
A- The are m st dents in ​A aling Panli nan ​and the are
also m homeroom ad isees in 4-Mahogan . The ere also m
pre io s st dents hen I as assigned to teach their section the
pre io s ear.

10. Q- Ho long ha e o kno n Ms. Dal , Ms. S arra, and


Ms. Tan?
A- Almost t o ears, Sir.

11. Q- What as the reason h o ere asked b Dr. Armenia


Tan to be a itness in this case?
A- I belie e beca se I am the homeroom ad iser of the st dents
in ol ed.

12.Q- What happened, if an ?


A- The st dents ere reported b Mrs. Esc dero, the comp ter
teacher at the high school department for posting online photos.

13. Q- What happened after?


A- The [the st dents] ere in estigated b the Discipline-in-
Charge. After ard, the ere req ired to join a conference ith
the Principal, Assistant Principal, and Directress of the school.

14.Q- If an , hat as o r role in this?


A- I as not in ited in the said conference in estigation or an
proceeding, despite m being the st dents homeroom ad iser.

15.Q- What s all happens d ring a disciplinar in estigation?


A- We are s all instr cted to refer to the Department of
Ed cation Learner s Man al.

A , a
D a E a L a Ma a a E A.
A a a a a a
a a .

16. Q- What does the said Man al s ggest, if an ?


A- It s ggests that there sho ld be a Discipline Committee and
all concerns shall in ol e the home ad iser. It also s ggests that
the homeroom ad iser shall be the liaison ith the parents of
the st dents.
17. Q-Ho did the school compl ith the said Man al?
A- The school did not compl ith the proper proced re.

18. Q- What happened after, if an ?


A- On the same da , the school immediatel decided that the
st dents be prohibited from joining the commencement
e ercises.

19.Q- When as this decision b the school administration


rendered?
A- March 1, 2020-- the same date hen the st dents ere called
b the Discipline-in-charge.

20. Q- When did o kno abo t this decision?


A- March 2, 2020, the ne t da .

21. Q- As homeroom ad iser, ho o ld o characteri e these


st dents?
A- The are st dio s, responsible, and reliable.

22. Q- What are sit ations or ill strations ill strating said
characteristics, if an ?
A- The three st dents in ol ed are part of the honor roll and are
class officers of the class.

23. Q- What ere the allegations against them?


A- The ere allegedl iolation of the St. Theresa s
College St dent Handbook.

24. Q- What ere these iolations, if an ?


A- Drinking liq or and smoking o tside the school, engaging in
immoral or indecent cond ct, e posing nder ear.

25. Q- What ere the conseq ences, if an ?


A- The st dents ere prohibited from participating in the
commencement e ercises.

26. Q- What are the similar disciplinar cases in the school?


A- Fi e ears ago, a gro p of st dents as ca ght possessing
dr gs and sharp eapons. The follo ing ear, a co ple as
ca ght ha ing se al interco rse in the restroom.

27. Q- What are the conseq ences or sanctions, if an ?


A- The t o gro ps ere merel req ired to f lfill 100 ho rs of
comm nit ser ice.
28. Q- Ho reasonable ere these conseq ences?
A- The ere reasonable since the ere still allo ed to
contin e going to school and participate in school acti ities.

IN WITNESS WHEREOF, I ha e here nto set m hand this 20​th da


of March 2020 in Ceb Cit , Philippines.

S .P a C. D J
Affiant

SUBSCRIBED AND SWORN ​to before me this 20th da of March


2020, in the Cit of Ceb Philippines, affiant ha ing e hibited to me
her Passport No. EB90214855 iss ed at DFA Pasa Cit and e piring
on 31 December 2021.

GIA JANELLA PADIERNOS


Notar P blic for Ceb Cit
Appointment No. 508 ntil 31 December 2020
Attorne s Roll No. 59023
IBP No. 746815, iss ed 1 Jan ar 2020; IBP Ceb Cit Chapter;
PTR No. 53971, iss ed 1 Jan ar 2020; Ceb Cit

Doc. No. : ​11​;


Page No. : ​12​;
Book No. :​5​;
Series of 2020.

ATTESTATION

I, ATTY. MOIRA C. SARMIENTO, of legal age, ith office address at


Unit 2402, Antel Corporate Center, Legaspi Village, Ceb Cit , do
hereb certif that:

I propo nded q estion to DR. ARMENIA TAN and faithf ll recorded


or ca sed to be recorded the q estions I asked and the corresponding
ans ers that DR. ARMENIA TAN ga e, as abo e stated. Neither I nor
an other person then present or assisting him coached her regarding
the latter s ans ers.
IN WITNESS WHEREOF, I ha e here nto set m hand this 20​th da
of March 2020 at Ceb Cit .

ATTY. MOIRA C. SARMIENTO

SUBSCRIBED AND SWORN to before me this 20th da of March


2020, at Makati Cit , affiants e hibiting to me their respecti e
competent e idences of identit b the same person her Dri er s
License No. 9897652, th s satisfactoril ha ing pro en her identit to
me.

GIA JANELLA PADIERNOS


Notar P blic for Ceb Cit
Appointment No. 508 ntil 31 December 2020
Attorne s Roll No. 59023
IBP No. 746815, iss ed 1 Jan ar 2020; IBP Ceb Cit Chapter;
PTR No. 53971, iss ed 1 Jan ar 2020; Ceb Cit

Doc. No. :​ 51​;


Page No. : ​33​;
Book No. : ​12​;
Series of 2020.

COPY FURNISHED:

KC La F ,
8R , Ma a C
Co nsel for Respondents

B a C C
Regional Trial Co rt, Ceb Cit
Branch 1

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