Philippine Olympic Committee TRO denied elections on.
1.The decision means that Jose Cojuangco, whose election as POC president in 2016 was declared null and void by the Pasig RTC, will have to contend with boxing association chief Ricky Vargas or any other qualified candidate.
Vargas is seeking the POC presidency in the hopes of instituting changes and reforms that he hopes will help boost the state of Philippine sports in general.The POC will have to call for the elections on Feb.
23.Cycling head and Tagaytay City Representative Abraham Tolentino has been declared eligible to run as POC chairman, and face any other qualified candidate for the position.element-invisibleSportshub ( Article MRec ), pagematch: 1, sectionmatch: 1The decision denying the issuance of the TRO was handed down yesterday by Associate Justice Maria Filomena Singh and concurred by Associate Justices Ramon Bato Jr.
and Edwin Sorongon."The court finds no ground for the issuance of a TRO," the five-page decision said.
The decision underscored that a TRO is only issued "in the existence of an urgent necessity, and prevent serious damage, and only if the matter is of such serious urgency that grave injustice and irreparable injury would arise unless it is issued immediately."This developed as The POC holds its general assembly today, and the holding of the elections will have to be tackled whether or not it's in the agenda.
"The Court of Appeals has denied the POC's request for a temporary restraining order which sought to restrain the implementation of the decision of the RTC of Pasig regarding the conduct of the new elections for POC president and chairman," said the lawyer of Vargas, George Aquino of ACCRA Law."We feel validated in our position that there is no reason for the POC not to proceed with the scheduled elections on Feb.
23 considering the immediately executory nature of the decision issued," he added.Cojuangco did not issue any comment yesterday, as well as POC legal adviser Atty.
Ramon Malinao.In November 2016, Cojuangco ran unopposed and was elected to a fourth term as POC president, earning 26 of the 37 votes cast at the Wack Wack Golf and Country Club.
Vargas and Tolentino were disqualified by the POC Comelec from that elections for their alleged failure to meet the qualifications of being active members of the POC general assembly.They pursued their case in court, and last December, the Pasig RTC ruled the 2016 elections "null and void," stating that the POC Comelec acted beyond its powers in disqualifying Vargas and Tolentino.
The court ordered new elections for the two positions on Feb. 23. Cojuangco sought an injunction and filed a petition for a TRO.
"The POC alleged that the election on Feb. 23 will unduly interfere with the authority of not only the POC Comelec but the POC executive board and general assembly," said the Court of Appeals decision.
"And also that the conduct of elections may be perceived by the International Olympic Committee as wrongful interference for failure of respondents to exhaust available intra-corporate remedies, and that the POC may be suspended by the IOC to the detriment of the Philippines and Filipino athletes," it added.Still, the court added, "The conduct of the elections proceeds from a presumptively valid and lawful decision of the RTC.
The court finds no urgency to restrain the RTC decision at this time. Accordingly, the prayer for the issuance of a temporary restraining order is hereby denied.
"A POC insider said the court-ordered elections for the two key positions "are not exclusive to Mr. Cojuangco and Mr.
Vargas for the position of president, and Mr. Tolentino as chairman.
Any other qualified candidate may seek the positions."To be eligible, he or she must be a member of the POC general assembly the last four years and must come from an Olympic sport.
The POC will have to name its Comelec to oversee the court-ordered elections. The main issue will be the voters' list.
As it is, there are 43 regular members of the POC, but unresolved issues in some NSAs (national sports associations) like triathlon, tennis, swimming and weightlifting may prevent these NSAs from participating in the elections.