Court rules vs Literal

Quintellano "Tiny" Literal’s claim to the Basketball Association of the Philippines (BAP) presidency suffered a major setback after the Court of Appeals Monday ruled that the election last June 20 - set and supervised by Judge Artemio Tipon of the Manila Regional Trial Court - is illegal.

The 15-page decision, signed by Associate Justice Rebecca De Guia-Salvador and certified by fellow Associate Justice Cancio C. Garcia, raised three important issues that, hopefully, could finally end the eight-month-old dispute within the BAP and lead to the lifting of the International Basketball Federation (FIBA) suspension of the BAP.

The first issue raised was that Tipon "went beyond the reliefs" sought by Literal regarding a temporary restraining order that would have prevented the group of Gonzalo "Lito" Puyat from holding an election last June 7. Tipon denied the TRO "but acted with grave abuse of discretion" in calling for a June 20 election, which is not part of the original petition.

"This, of course, cannot be allowed, it being doctrinal that a court order must not go beyond those prayed for in the complaint," the decision said. "(Tipon) exceeded his authority when he re-scheduled the date of election to June 20 at a different venue. Literal specifically sought for a restraining order writ of other just and equitable reliefs. These were all he prayed for."

The second issue centered on the Philippine Olympic Committee (POC), which is affiliated with the International Olympic Committee (IOC), as an autonomous institution.

"The term autonomy means the negation of any influence or interference by the state or the judiciary. The courts are expected to respect the acts and decisions of the POC such as an election," the decision said.

Therefore, the June 7 election of Puyat as president and Manny Pangilinan as chairman of the BAP "may not be interfered with by the courts, or any other agency of the government." The court said Tipon erred "in fixing the date and venue as well as the guidelines of the election, which is solely under the authority and jurisdiction of the BAP and the POC."

After being elected June 7 at the Manila Bank Bldg. in Makati, Puyat’s group sought a separate TRO that would have prevented the group of Literal from pushing through with their own elections 20 days after. The TRO was granted but was delivered and received at 11:25 a.m. by the Manila RTC, while the voting was closed at 10 a.m.

The third issue talked about whether or not Tipon once again acted with grave abuse of discretion "in not outrightly dismissing the petition…it having been filed in violation of the rule on forum shopping," which is the filing of multiple suits involving the same persons for the same cause either simultaneously or successively for the purpose of obtaining a favorable judgment.

Literal filed two petitions - one before the Paranaque Regional Trial Court last Feb. 14 and the other before the Manila Regional TC last May 22. In both cases, Literal asserted and sought the protection of his right as the elected BAP president. Therefore, Tipon should have outrightly dismissed the second petition in violation of the rule on forum shopping.

With the existence of forum shopping, De Guia-Salvador said the summary dismissal of both actions is warranted.

The appellate court thus dismissed the civil case pending before the RTC of Manila (Branch 46) and the civil case pending before the RTC of Parañaque (Branch 274).