CA rules in favor of outspoken HS salutatorian

“Krisel is entitled to the fundamental freedom to express one’s views and opinions without undue restraint. Krisel should not be punished arbitrarily for exercising her right to freedom of expression.”

This was the legal ground the Court of Appeals (CA) stood on when it ordered yesterday the Santo Niño

Parochial School (SNPS) in Quezon City to immediately issue a certificate of good moral character to Krisel Mallari, a high school salutatorian who criticized certain policies of her school in portions of her graduation speech last March.

As a result of Krisel’s criticisms, she was interrupted in the delivery of her speech, forced to leave the stage, and was not issued a certificate of good moral character she needed for her college enrolment.

She went to the Quezon City regional trial court (RTC) but failed to get a relief. The certification in her favor issued by the Department of Education (DepEd) was not accepted by the University of Santo Tomas where she is to enroll in an accountancy program.

She finally elevated her case before the CA through her father, Ernesto, she being only 16 years old, with the help of Atty. Persida Acosta, chief of the Public Attorney’s Office (PAO) of the Department of Justice (DOJ).

In a resolution, the CA acted favorably on her petition and ruled:

“Wherefore, Krisel’s application for the issuance of a temporary restraining order and/or writ of preliminary injunction is granted and a writ of preliminary mandatory injunction is issued ordering SNPS to immediately release upon receipt of this resolution a Certificate of Good Moral Character in favor of Krisel.

“It is of judicial notice that the UST starts its classes for the first semester anytime within the month of August 2015. In this regard, and considering that time is of the essence, this Court reiterates its order that SNPS should issue a Certificate of Good Moral Character in favor of Krisel immediately upon receipt of this resolution.”

Penned by Associate Justice Socorro B. Inting and concurred in by Associate Justices Remedios Salazar-Fernando and Priscilla Baltazar-Padilla, the resolution also stated:

“Krisel, just like any other child, commits transgressions and therefore, must be disciplined. However, the manner by which she is disciplined should not go to the extent of spoiling or destroying her dreams and aspirations.

“Krisel’s welfare is of paramount interest and of primordial consideration and the state is mandated to act on her behalf to ensure that her rights are protected and her dreams and hopes are not put to waste.”

In the same resolution, the CA directed SNPS and its registrar Yolanda Casero to file their comment on Krisel’s petition within 10 days from notice. Krisel, on the other hand, was ordered to file her reply within five days from receipt of the comment.

In her petition, Krisel said that when SNPS refused to issue the certificate, the Department of Education (DepEd) issued a Certification dated June 9, 2015, stating that she had no derogatory record or any complaint filed against her.

But she said UST did not accept the DepEd-issued certificate and instead extended the deadline for her completion of all requirements until July 15.

Krisel’s speech during the SNPS graduation ceremony became viral in social media when it was shown that while she was delivering her speech she was interrupted by school officials when she started criticizing the school policies.

“With each year that passed by, I studied so hard in school, I believed in fair competition. Towards the end of this school year, I was just a step away from the finish line, but the red lace that will symbolize my success was gone — or was it intentionally taken?” she said in her speech.

She continued her speech despite the interruptions. “A lot of people kept a blind eye on a system that is dirty and dubious. But I did not adhere to this. I fought for what I think was right. I stood up as a Filipino,” she said.

At this point, the video showed that a school official grabbed the microphone from Krisel who was asked to return to her seat. When she resented, she was forced to leave the stage.