‘David versus Goliath’

Will 15-year-old Scott Aying be able to play in the remaining games of the Cebu Junior Basketball League?

That decision now rests on Cebu City Regional Trial Court (RTC) Branch 7 Judge Simeon Dumdum who submitted for resolution yesterday the plea of Aying’s parents to extend his order allowing the young athlete to play.

Last week, Dumdum issued a 20-day Temporary Restraining Order (TRO), mandating officials of the Cebu Athletic Foundation Inc. (Cesafi) to allow Aying to play.

If Dumdum issues a preliminary injunction, his order to allow Aying to play will be extended while the main case will be resolved. Otherwise, Aying is barred from playing in the Cesafi.

Aying’s parents Danilo and Avah Michelle Aying were present during a hearing in court yesterday. But the young athlete was not around.

His lawyers asked whether or not Cesafi will continue the junior basketball games that were canceled after the court issued a TRO. “Where are we now? Will there be games? Can we have a definite answer?,” said lawyer Donato Gonzales, one of the counsels of the Aying family.

‘Hypocrites’

In his verbal arguments, Gonzales described Cesafi officials as “hypocrites” who want the court to reconsider its ruling in granting a TRO but likewise requested for the judge to stay out of the issue.

“This is a battle between David and Goliath. Scott is David and Cesafi is Goliath. The most popular word yesterday was hypocrisy. And I will use it now. Cesafi wants to recall an order when they don’t even want to follow an order,” Gonzales said.

He said the court should correct the interpretation of Cesafi officials on its two-year residency requirement which is being used in Aying’s case.

“Who stands to lose more here? The well-being of a minor or the pride of Cesafi. Cesafi officials have a wrong interpretation of their own rules,” Gonzales said.

Judicial interference

Cesafi lawyer Baldomero Estenzo said the issuance of the TRO was “judicial interference” and “contrary to the law.”

He said Cesafi, as a duly organized and independent organization, has the sole prerogative to determine and rule on issues concerning its members.

Cesafi is asking the court to reconsider an earlier decision to issue a TRO and to allow Aying to play.

He said Aying of the University of San Carlos (USC) Baby Warriors was ineligible as ruled by the Cesafi screening committee and affirmed by the Board of Trustees, including the president of the university where Aying is enrolled.