THE writ of preliminary injunction was issued by the court against Cesafi or its agents “not to do or omit any act which would disqualify Scott Aying or prevent him from playing in the 2013-14 Cesafi basketball season.”
The order will remain until the court case is finished.
The Aying family was directed to put up a P100,000 bond to answer for any damages arising from the dispute.
The petition for injunction was filed by Scott Aying’s parents on behalf of their son.
Family lawyer Donato Gonzales welcomed the court order and said it should be carried out by Cesafi.
“We are humbled by the wisdom of the honorable court which is beyond reproach. We are hopeful that everybody moves forward and will enjoy the games,” Gonzales told CDN.
Cesafi lawyer Estenzo said he hasn’t read a copy of the order yet which was sent to his law office.
He said he would study it first before recommending to the Cesafi board of directors what “proper action should be done.”
Cesafi was named respondent along with its president Fr. Manny Uy, SJ of Sacred Heart Jesuit – Ateneo de Cebu, Commissioner Felix O. Tiukinhoy Jr., and the members of the Screening Committee, Jess Himotas and Danny Duran
Cesafi pushed hard to implement the two-year residency rule, which aims to level the playing field and prevent “piracy” among schools competing for the best sports talents.
Based on Cesafi rules, “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 his residency shall be counted as part of his/her playing years.”
Aside from saying that Cesafi Screening Committee misinterpreted the two-year residency rule for athletes, Judge Simeon Dumdum said he found out that the rule does not apply to high school players.
“Incidentally, the rules for the eligibility/qualifications of college players contemplate a situation in which a student athlete transfers from a non-Cesafi member school to a Cesafi member school in which case the two-year residency requirement is applied. This provision, however, is not repeated in the rules for high school players…,” he said.
“Assuming that there is ambiguity in the rule, its construction should favor the petitioner, who is a minor, in view of the provision that ‘every child has the right to full opportunities for safe and wholesome recreation and activities, individuals as well as social, for the wholesome use of his leisure hours,” the judge said.
Since the rule involves penalties, it “must be strictly construed against Cesafi and liberally in favor of the student athlete,” he added.
Dumdum earlier issued a 20-day temporary restraining order mandating Cesafi to allow Aying to play in the 13th Cesafi Season.
However, sports officials who were served the order last Sept. 18 at the New Cebu Coliseum dodged it by resetting the basketball game that evening and eventually postponing all remaining Cesafi high school basketball games “until further notice.”
Spouses Danilo and Avah Aying went to court on Sept. 13 saying their son was “unjustly” deprived by Cesafi’s two-year residency rule from playing in this year’s basketball games.
The parents said Cesafi’s treatment of their son was tantamount to child abuse. They sued for P50,00 in moral damages.