Cesafi turns to appeals court on Aying case

THE Cebu Athletic Foundation Inc. (Cesafi) turned to the Court of Appeals (CA) after it failed to convince the Regional Trial Court (RTC) to disqualify 15-year-old Scott Aying  from playing in their 2013-14 basketball season.
In a petition, Cesafi lawyers Baldomero Estenzo and Gerry Mira asked the appellate court in Cebu City to set aside RTC Judge Simeon Dumdum’s ruling that cleared Aying to play in the high school basketball games.
The two lawyers also asked the CA to prevent Dumdum from implementing the writ of preliminary injunction he issued to allow Aying to play while the main case is being resolved.
Estenzo and Mira said Dumdum committed “serious mistakes” when it resolved the issue between Aying and Cesafi.
“For sure, the CA is not keen on tolerating this form of judicial apathy,” they said.
Requirements
The Cesafi lawyers said Dumdum shouldn’t interfere in how league officials interpret its rules and regulations.
At the same time, Estenzo and Mira said Cesafi recognized the rights of Aying to play.
“Cesafi’s right and exclusive prerogative to adopt and interpret its own rules and regulations and to appoint officials that will manage its sports tournament is beyond judicial review,” they said.
They said Aying, a player of the University of San Carlos Baby Warriors has to comply with requirements before he will be allowed to play.
“Cesafi is highly cognizant of a child’s universal right to play. But this universal right of a child to play should not be confused with Aying’s insistence to play in the 2013 Cesafi basketball season,” the two lawyers said.
Residency rule
“Participation in Cesafi is not a right. It is a privilege granted only to those who qualify under the rules,” they added.
Aying’s parents earlier filed a case in court after Cesafi officials barred the boy from playing the tournament for failing to meet the two-year residency rule.
After looking into the facts of the case, Judge Dumdum issued a temporary restraining order and later on a writ of preliminary injunction, mandating Cesafi to allow Aying to play in the 2013-14 Cesafi basketball season.
But Cesafi officials defied the court order and decided to cancel its high school basketball games “until further notice.”
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. Dumdum said the Cesafi Screening Committee “erred in their interpretation” of the rule. Reporter Ador Vincent Mayol