MANILA, Philippines - The Securities and Exchange Commission has ordered Mark Joseph, president of the Philippine Aquatic Sports Association, to change the name of his association within 30 days or face revocation of his association’s registration.
Joseph changed the name of the erstwhile Philippine Amateur Sports Association to “Philippine Aquatic Sports Association” on June 26, 2009, or 16 days after the incorporation of the Aquatic Sports Association of the Philippines on June 10, 2009 – a move viewed by ASAP as an effort to preempt the organization of a breakaway group in swimming questioning Joseph’s legitimacy as PASA president.
“Being the prior registrant of its validly reserved name, petitioner (ASAP), therefore, is entitled to the protection of its name as against respondent (PASA),” read the SEC order dated May 31.
“We cannot sustain respondent’s claim of superior right on the allegation that it had, in November 2008, already adopted in its new By Laws the use of the words “Aquatic Sports”, the SEC order read. The order was penned by SEC general counsel Vernette G. Umali-Paco.
ASAP president Marilou Arzaga-Mendoza lauded the SEC ruling, saying that ASAP acquired prior right to the use of the name “Aquatic Sports” because of its prior registration, and called Joseph’s claims to PASA’s new name “a blatant misrepresentation.”
“What this SEC Order reveals is the proclivities of one man, hell-bent on blocking the legitimate formation of ASAP, if only to conceal the serious flaws in his own organization,” Mendoza said. “It exposes a deep-seated vendetta against those persons whose only aspiration is for Philippine swimming to flourish and prosper.”
Joseph had earlier alleged that as early as March 2009, FINA had approved PASA’s change of name. He also paraded the said change of name in the website of POC, according to Mendoza.
“Mark Joseph is harping on FINA jurisdiction when in fact FINA has nothing to do with it,” Mendoza said. She pointed out that when FINA approved PASA’s change of name, it was “in the presumption that PASA had complied with all the local laws and regulations on the matter.”
The SEC ruling now changes the situation for PASA, Mendoza added.
Aside from the swimming NSA’s name, ASAP is also questioning the legitimacy of Joseph as PASA president and the illegal means by which he changed the organizations by-laws in order to stay in power.
ASAP is a splinter group formed by disgruntled swimmers, parents and coaches who are now questioning the legitimacy of Joseph’s election as president of PASA.