POC can’t ignore court order

MANILA, Philippines — A highly-placed POC official said yesterday the recent Pasig Regional Trial Court order to nullify the 2016 POC election for president means the position is now vacant, leaving the secretary-general Steve Hontiveros no choice but to call for a General Assembly meeting to set the mandated polls on Feb. 23.

“We’re bound by Philippine law,” said the official who requested anonymity. “The POC can’t ignore the court decision whether it agrees with the order or not. The POC just can’t pretend the order didn’t happen. The court has set new elections on Feb. 23 for president and chairman, overruling the POC COMELEC’s decision to disqualify candidates Ricky Vargas and Bambol Tolentino. The court ruled that Mr. Vargas can run for president and Rep. Tolentino for chairman in the Feb. 23 elections so the POC must abide by that decision.”

With the nullification of the 2016 election for president, Jose Cojuangco Jr. must vacate his position. However, he is eligible to run for a fourth term on Feb. 23. There is no age limit prescribed in the POC By-Laws. In the IOC, the age limit for president is 70. An extension up to 80 is allowed for members co-opted from 1966 to 1999. Cojuangco is 83. In 2012, the IOC suspended the Indian Olympic Committee for government interference in keeping elderly officials in power. “The IOC forbids national sports leaders from continuing to serve in positions of responsibility after they reach 70 or have served in their positions for eight years,” wrote Gardiner Harris in the New York Times. “Many of India’s sports leaders have been in power for decades. Top sporting positions in India provide prestige, international travel benefits and some control over sports jobs.”

A source said POC will receive a letter from lawyers inquiring about its action on the court order this week. If the POC ignores the court decision, it will be cited for contempt. Cojuangco may also be cited for contempt if he refuses to vacate the presidency, the source said.

The POC may contest the court order by seeking legal redress. “If you ask 10 lawyers for their opinion on how to address this case, you might get 10 different views,” said the POC official. “One opinion is the POC can’t file a motion for reconsideration before the RTC because it concerns an intra-corporate dispute so that the decision is immediately executory. But the POC may go up to the Court of Appeals and file for a TRO to stall the holding of the new elections. Another opinion is the POC can go back to the RTC and file a motion for reconsideration. Regardless of which interpretation is valid, it stands that the POC must respect the court order and do something.”

The official said if new elections are set, the POC must form a COMELEC to supervise the polls. The previous POC COMELEC was composed of IOC honorary member Francisco Elizalde, Rep. Conrad Estrella and La Salle Zobel president Br. Bernie Oca. “Assuming there will be new elections, who will compose the COMELEC?” asked the official.