Monday, September 15, 2008 Pichay wins court battle; Cesafi to jump ship
THE court has made its decision, and the Cebu Schools Athletic Foundation Inc. is only too willing to follow.
In the legal battle for the validity of two national congresses held separately by the basketball factions—Basketball Association of the Philippines of Porspero Pichay and Samahang Basketball ng Pilipinas of Manny Pangilinan—Judge Antonio Eugenio of RTC Manila ruled in favor of the Pichay faction and declared it the valid congress.
In his decision, Eugenio said, “The national congress convened by the respondents (Pangilinan camp) is herby declared null and void. Consequently, the election of officers at the said meeting is similarly declared to be without force and effect.”
“Respondents are further directed to cease and desist from further acting as officers of the SBP and to turn over the affairs of the organization to the petitioners,” said the ruling, which was dated Sept. 3.
The two factions have been battling as to which of them is the rightful national sports association for basketball. The two then went on to hold their respective national congresses, where they elected their own sets of officials, each claiming to be the valid group, until finally it went to court.
Neutral stand
Because of this, after a long wait, Cesafi, will be jumping out of the Pangilinan faction and into the Pichay train.
“We have decided to have a neutral stand until the court makes a decision. And now that it has, our option is to abide by it. Not just the Cesafi but all the stakeholders should abide by the rule of law,” said Cesafi commissioner Felix Tiukinhoy, who added that it still needs to meet with the board to finalize the decision.
On the other hand, fans who think the decision will lead to the basketball community finally have its peace will up for a disappointment since Pangilinan’s camp vowed not to take the court’s decision sitting down.
According to executive director Noli Eala, the court ruling will cause a setback in their programs.
Confident
“We are confident that this is simply temporary, the decision neither being final nor executory. SBP will apply every and all legal remedies to reverse this travesty, and remains committed to fight for what is right and just for Philippine Basketball.
“The SBP is disappointed and saddened by the decision of Judge Eugenio. The SBP regards that decision to be a serious obstacle to all the efforts of legitimate stakeholders of Philippine basketball to move it forward, and in the right direction,” said the official statement sent by Eala.
Eala added that the decision is “fundamentally erroneous and seriously flawed and grossly misinterprets the relevant provisions of the Tokyo Communique, the Bangkok Agreement and the SBP By-laws, and consequently has produced conclusions, which are not supported by the relevant facts.” (MCB)
