CESAFI motion for recon taken up in court

CEBU, Philippines - “Playing in a sporting event is never a right but a privilege.”

This was said by lawyer Baldomero Estenzo of the Cebu Schools Athletic Foundation Inc., during the hearing for preliminary injunction and motion for reconsideration in the sala of Judge Simeon Dumdum Jr. of Regional Trial Court Branch 7 yesterday.

Estenzo said that athletes are bound to abide by the rules of the governing body of the sporting event they wish to join.

The parents of Scott Aying of the University of San Carlos Baby Warriors earlier lodged a civil case for injunction with temporary restraining order and damages against CESAFI and its officials over his disqualification to play in the 2013 Junior Basketball League.

Estenzo said the disqualification of Aying has basis after he failed to meet the two-year residency requirement. This order, he added, attained finality when the board upheld the said decision.

“The CESAFI composed of presidents upheld the decision. In fact, the decision was accepted by the University of San Carlos,” he said in court.

Others named respondents were CESAFI president Fr. Manny Uy, Commissioner Felix Tiukinhoy and screening committee members Jess Himotas and Danny Duran.

In their motion for reconsideration, CESAFI asked Dumdum to reconsider his ruling when he issued a TRO against them. Respondents claimed that petitioner failed to prove that he has an “immutable and clear right in the first place.”

Aside from that, Estenzo said allowing Aying to play in the tournament can cause prejudice, not just to CESAFI rules but also to other athletes who were disqualified to play due to the residency rule.

The petitioner’s legal counsel Donato Gonzales, however, said their client was not given due process when he was disqualified to play. He said seeking the assistance of the court is not about attacking the rules and asking the court to change that law, but rather to seek enlightenment.

“This is to enlighten them, (respondents) because they have a wrongful interpretation of their own rules. In their guidelines, the two-year residency requirement only applies to college and not to high school,” he said.

Gonzales further said that before seeking for reconsideration respondents must abide with the court order and allow Aying to play in the remaining games of the USC Baby Warriors.

Because they cancelled the scheduled game on Sept. 18, 2013 and the remaining games of the league, he said respondents have abused the child. Thus, they were seeking for the issuance of a preliminary injunction.

“If the status quo will not be maintained, the well-being of the petitioner will be destroyed forever,” he said adding, Aying was silent after that incident.

Dumdum then ruled that the motion for reconsideration and the preliminary injunction will be submitted for decision.  (FREEMAN)