CEBU, Philippines - Following the alleged refusal of Cebu Schools Athletic Foundation Inc. (CESAFI) commissioner Felix Tiukinhoy Jr. to heed the court order against a game body’s residency rule, the parents of a high school junior athlete asked the court to make him explain why he should not be cited for indirect contempt.
Judge Simeon Dumdum Jr. of the Regional Trial Court Branch 7 earlier issued a temporary restraining order against the CESAFI to stop them from implementing the residency rule to Scott Aying of the University of San Carlos Baby Warriors and to allow him to play the junior basketball league.
However, on Thursday, during the board meeting headed by Tiukinhoy, the CESAFI board decided to postpone the remaining games of the 2013 Junior Basketball League until further notice.
As a result, Scott’s parents Danilo and Avah Michelle filed an extremely urgent verified manifestation before the court. In their manifestation, they asked the court to require Tiukinhoy to explain within 72 hours why he should not be cited for indirect contempt of court for allegedly defying the TRO by not allowing Aying to play in the scheduled game last Sept. 18, 2013.
“Clearly, the unjustified refusal of respondents to abide by this honorable court’s lawful order is contemptuous. Their willful act of cancelling the game on Sept. 18, 2013, which resulted to unfortunate incident wherein the minor petitioner was refused to play despite the TRO issued by this court, coupled with their recent actuations of announcing that all the upcoming games of the CESAFI will be cancelled pending the controversy is tantamount to open disobedience to a lawful order of a court,†the manifestation read.
On Sept. 18, 2013, the TRO was served by the court process server, Fritz Mejias to the CESAFI Board and Tiukinhoy at the Cebu Coliseum. The TRO was issued before the game between the USC Baby Warriors versus the Cebu Eastern College Dragons started at 5 p.m.
However, the couple said the game was postponed after a debate. The CESAFI officials questioned the order citing it was defective --instead of Sept. 18, 2013, the date Sept. 16, 2013 was written in the order.
Aside from Tiukinhoy, other named respondents were its president, Fr. Manny Uy, and screening committee members Jess Himotas and Danny Duran.
Last Friday, the respondents also filed a very urgent motion for reconsideration with manifestation asking the court to reconsider its ruling when it issued a TRO against them.
Respondents claimed that Aying failed to prove that he has an “immutable and clear right in the first place.â€
The Aying couple filed a civil case for injunction with TRO and damages against respondents for not allowing their son to play in the tournament due to a residency rule.
The couple said the two-year residency rule only applies to college students and not to high school students. (FREEMAN)