Cesafi seeks P500,000 in damages from athlete
Saying the league’s reputation was “besmirched” by the legal conflict over a high school athlete, the Cebu Athletic Foundation Inc. (Cesafi) filed a counterclaim against 15-year-old Scott Aying and his parents.
The Cesafi asked the court to dismiss the case and order Aying’s family to pay at least P500,000 as moral and exemplary damages and attorney’s fees.
“The Cesafi board, which is composed of presidents of member schools, will be made a laughing stock in the community because an injunction will imply that the school presidents are ignorant of what they are doing,” said the pleading filed by lawyers Baldomero Estenzo and Gerry Robertson Mira on Tuesday.
It’s now up to the Cesafi board whether to allow Scott to play after Cebu City Regional Trial Court Judge Simeon Dumdum Jr. issued on Sept. 30 a preliminary injunction against Cesafi.
The judge said Scott, a member of the Baby Warriors of the University of San Carlos, “has a right to be protected – the right to play in the 2013-14 Cesafi basketball season.” With this, Cesafi is expected to appeal the case.
Estenzo said he would elevate the case to the Court of Appeals (CA) to settle the issue of whether Cesafi’s decision to disqualify Scott from playing due to violation of a two-year residency rule should be respected.
“I was actually surprised when I learned that Judge Simeon Dumdum issued a writ of preliminary injunction. I was confident about our stand,” Estenzo said in an interview yesterday.
Ineligible
He said he was drafting a petition for certiorari to be filed upon approval of the Cesafi board of trustees which is headed by its president Fr. Manny Uy, SJ of Sacred Heart School – Ateneo de Cebu.
“I’ll need to present this to the board first. I already gave them a copy of Judge Dumdum’s order. As of now, they haven’t come up with a decision yet on whether or not the high school basketball games shall resume,”Estenzo said.
Cesafi, in its answer and counterclaim, said Scott was ineligible to participate in the tournament, a decision upheld by the Cesafi board of trustees which was “final and unappealable.”
“Playing in a sporting event is never a right but a privilege contingent upon requirements of eligibility,” said the league’s lawyers.
Cesafi said the filing of the civil case was “malicious and groundless” and has caused the league “embarrassment and besmirched the reputation of Cesafi.”
The counterclaim was filed a day after the RTC issued the preliminary injunction.
In an order dated Sept. 30, Judge Dumdum said Aying is qualified to play in the Cesafi basketball games.
Interpretation
The writ of preliminary injunction issued by the court against Cesafi binds the league not to disqualify Scott or prevent him from playing in the 2013-2014 basketball season.
The order remains in force while the civil case is being heard.
The Aying family was ordered to put up a bond of P100,000 which is supposed to compensate for any possible damages.
Under 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 judge said the two-year residency rule couldn’t apply to Scott because he transferred from San Beda College in Manila which is a non-Cesafi school.
Scott used to play basketball at Don Bosco Technological Center for the school year 2011-2012 before he transferred to Manila.
The judge said the Cesafi Screening Committee “erred in their interpretation” of the rule.
