Messier and messier

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Thursday, September 19, 2013


POWER forward Scott Aying of University San Carlos (USC) Baby Warriors can run with his teammates again and score some fastbreak points.

This came after Regional Trial Court (RTC) Branch 7 Judge Simeon Dumdum Jr. issued an amended temporary restraining order (TRO) yesterday. He allowed the 15-year-old student athlete to play for 20 days.

However, late last night, Cesafi called for a board meeting and decided to postpone the games of the high school division.

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“The Cesafi Board, in its meeting, decided to postpone the Cesafi high school games starting tomorrow (today), until further notice,” said Tiukinhoy in a text message to reporters.

He did not explain.

Dumdum corrected the error in his order issued last Wednesday.

“It appears that there was a typographical error on the date of the temporary restraining order issued by the court on Sept. 18, 2013,” he said.

The glitch led Cebu Schools Athletics Foundation Inc. (Cesafi) commissioner Felix Tiukinhoy Jr. to question the order because it was dated Sept. 16, 2013, and not Sept. 18, 2013.

After argument ensued between Aying’s camp and Cesafi officials inside the Cebu Coliseum, the high school semifinal games were eventually canceled. The games were reset to today.

Aying’s lawyer, Donato Gonzalez, said his client will play today, unless there is a new court order that would bar him from entering the basketball court.

Tiukinhoy, in a text message to Sun.Star Cebu, said they will honor the court’s decision. He said they will file a motion to repeal the TRO.

Gonzalez criticized Cesafi for not respecting the court order allowing his client to play starting last Wednesday.

“It was an opportunity for them to redeem themselves and be respected again but they wasted it,” he said.

Aying, represented by his parents, filed a petition last Friday asking the court to stop Cesafi from barring him to play for the tournament.

Cesafi president Fr. Manny Uy, screening committee members Jess Himotas and Danny Duran, and Tiukinhoy were named respondents in the civil case.

The Ayings also asked for P50,000 in moral damages from the respondents.

Last Aug. 2, a day before the opening of the basketball tournament, the USC college team received a letter from the screening committee stating that Aying was disqualified to play for lack of residency.

Cesafi’s rule states: “Any high school student athlete of a Cesafi member-school who transfers to another member-school shall be required a minimum of two-year residence to qualify to play. The period of residency shall be counted as part of his/her playing years.”

The residency rule was instituted to prevent player piracy among Cesafi-member schools.

Gonzales said the rule does not apply to his client because the student transferred from Don Bosco Technology Center (DBTC), a Cesafi member, to San Beda College in Manila last year. Aying played with DBTC in 2011.

The two-year residency rule for an athlete of a Cesafi member-school who transfers to a non-member Cesafi school reportedly applies only to college student athletes. San Beda is not a member of Cesafi, but of the National Collegiate Athletics Association (NCAA).

“Cesafi could have been humble enough by respecting the legal order of the court,” said Gonzales.

Published in the Sun.Star Cebu newspaper on September 20, 2013.

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