Monday, October 06, 2008 CA stops takeover of BAP-SBP leadership
THE Court of Appeals (CA) has issued a 60-day temporary restraining order (TRO) to stop the group of Camarines Sur Representative Luis Villafuerte from taking over the leadership of the Basketball Association of the Philippines-Samahang Basketbol ng Pilipinas (BAP-SBP).
The CA Special Eleventh Division granted the petition filed by the group of businessman Manuel Pangilinan seeking to halt the implementation of the September 3 order of the Manila Regional Trial Court (RTC) Branch 24 declaring that Villafuerte's group has the rightful claim to take control of the BAP-SBP.
Manila Judge Antonio Eugenio Jr. held that the June 12, 2008 convention called by the SBP faction led by Pangilinan and Misamis Oriental Governor Oscar Moreno was null and void.
The trial court also declared as valid the June 4, 2008 National Congress, which was attended by majority of the stakeholders who elected former congressman Prospero Pichay as BAP-SBP president and Villafuerte as chairman.
"To preserve the status quo and so as not to render ineffectual and nugatory the judgment that will be rendered in this petition, a temporary restraining order valid for 60 days is hereby issued enjoining respondents and all persons acting for them and on their behalf, from or under their instructions, from executing, enforcing, implementing or otherwise giving effect to the assailed decision rendered by the RTC of Manila, Branch 24," the CA ruled.
Concurring with the ruling were Associate Justices Isaias Dicdican and Monina Arevalo-Zenarosa.
The CA ordered the respondents -- Villafuerte, Pichay, Wilson Young, Christian Tan, Teresita Abundo, Tony Fabico, Bonifacio Alentajan, Rizlita Delmoro, Godofredo Gallega, Manny Gatchalian, Carmen Pador, Celestino Martinez, Douglas Cagas, Rey Baula, Angelito Alvarez, Antonio Ituralde, Alexander Wang, Yul Benosa, Elbert Atilano, Lorenzo Sy, Edward Chua, Vivian Manila, and Leoncio Chua -- to show cause in writing within 10 days why a writ of preliminary injunction should not be issued in favor of the petitioners.
Aside from Moreno and Pangilinan, the other petitioners are Marievic Ramos-Añonuevo, Jose Capistrano, Pedro Alfaro, Jr., Bernardo Gabriel Atienza, Jose Emmanuel Eala, Fernando Lozano, Fr. Paul De Vera, Nicanor Fortich Jorge, Daniel Danilo Soria, and Nathaniel Padila.
The case stemmed from the June 12, 2008 election initiated by the SBP faction where Pangilinan was elected as BAP-SBP president and Moreno as chairman.
The RTC declared the election invalid after Villafuerte's group pointed out that only 19 out of the 87 member-associationss attended the election while the June 4 elections was authorized by majority of the 87 stakeholders that attended the National Congress initiated by Villafuerte, as BAP-SBP chairman.
The lower court also ordered Pangilinan's men "to cease and desist from further acting as officers of the BAP-SBP" and "to turn over the affairs of the organization" to Pichay's group immediately. (ECV/Sunnex)
