UP rookie tanker seeks TRO vs UAAP’s 2-year residency rule

MANILA, Philippines - A University of the Philippines (UP) freshman swimmer has taken to the court UAAP and her former school in the juniors division, University of Santo Tomas, in an effort to nullify the controversial two-year residency rule for transferees and play for the Lady Maroons in the Season 76 competitions slated Sept. 19-22.

Anna Dominique "Mikee" Bartolome, through her father Domingo "Vic" Bartolome, has filed a complaint against the UAAP and UST with the Quezon City court in what was the second legal action taken by student-athlete over eligibility matters in two months.

Bartolome sought for the issuance of a temporary restraining order (TRO) enjoining the UAAP from further applying the two-year residency rule; the issuance of a writ of preliminary prohibitory injunction and writ of preliminary mandatory injunction commanding UST to issue a release of Bartolome; and the issuance of a permanent injunction and declaration of nullity of the UAAP's two-year residency rule.

The QC RTC Branch 226 has set a hearing on Monday, two days before the UAAP's scheduled deliberation for rosters in swimming.

"It's been my dream to go to UP. I've experienced how prestigious and exciting the competition in the UAAP is and all the more now that UP is running for five-peat in women's swimming. I hope I'll be able to compete this season and contribute to the five-peat," Mikee said in a press conference yesterday with her dad Vic, a former PBA referee and currently a member of the UP men's basketball team coaching staff, and Sen. Pia Cayetano, who is providing "moral support."

Mikee won 10 gold medals in her four-year stint with UST high and moved to UP, where her elder sister Maria Kristina is also a swimming varsity, for college.

However, the league's new eligibility rule for high school grads transferring to another UAAP member school required a two-year residency period, except in cases where the mother school signs a release form.

All efforts to secure a release for 17-year-old Sports Science freshman from UST failed, according to Vic, forcing them to seek legal relief, with the support of Cayetano.

"Wala akong ibang gustong mangyari kundi ma-fulfill ang gusto ng anak ko na education at yung passion niya sa swimming. Sana yung passion ng bata, yung dream ng bata, yung freedom of choice, huwag naman nating pigilan (I only want my daughter to fulfill her dreams in the areas of education and her passion for swimming. Let's not stand in the way)," said Vic.

Cayetano, who had earlier conducted a Senate hearing to tackle the controversial "Jerie Pingoy rule", said she's merely here as "supporter and advocate."

"I'm just supporting athletes who want to exert their right to choose where they want to study and where they want to play, where they want live their (sports) dreams," said the lady senator.

Bartolome's complaint comes on the heels of the case of UP Integrated School's Jozhua General, who was originally declared ineligible but sought and got a TRO. Like that one, the league said it would respect the legal process.

"Just like Joshua General’s case (who also secured a TRO on his disqualification), the UAAP would be respecting the steps undertaken by the swimmer’s father and honor the orders of the court," the UAAP said in a statement.

The league added that legal counsel Atty. Rene Ma. Villa is taking over the handling of the issue.

"Atty. Villa would only be discussing the merits of the case after Monday’s hearing. Similarly, the UAAP Board, specifically Ms. Malou Isip (secretary-treasurer), would abide by their legal counsel’s advice," the league said.