Judge mum on CESAFI move

CEBU, Philippines - Regional Trial Court Branch 7 Judge Simeon Dumdum, Jr. has chosen not to comment on the Cebu Schools Athletic Foundation, Inc. (CESAFI)’s decision to indefinitely suspend its junior basketball games.

Dumdum earlier issued a temporary restraining order (TRO) against the CESAFI on the implementation of its two-year residency rule to allow player Scott Aying of the University of San Carlos (USC) Baby Warrior to play.

However, the CESAFI Board, headed by Commissioner Felix “Boy” O. Tiukinhoy, Jr., decided to postpone until further notice the remaining games of the 2013 Junior Basketball League during a meeting last Thursday evening.

In an interview, Dumdum told the media yesterday he cannot comment on the CESAFI’s decision if it has any implication on his order. He said he would wait for either of the concerned parties to make a move.

Danilo Aying and wife Avah Michelle last week lodge a complaint against CESAFI for an injunction with TRO and damages because their son was not allowed to play.

Named respondents were CESAFI President Fr. Manny Uy, Tiukinhoy, and screening committee members Jess Himotas and Danny Duran.

The couple argued the two-year residency rule only applies to college students and not to high school students.               Thursday, Dumdum issued a TRO against the CESAFI.

“The matter having been brought upon the prayer of petitioners in their petition for a TRO, the court…finds a need to maintain the status quo until the merits can be heard, and so issued this TRO, directing the respondents, their agents or representatives, for a period of 20 days from service upon them or any of them of a copy of this order, to allow Scott Aying to play beginning today in the games of the 13th CESAFI Season,” read his order.

The CESAFI responded by suspending the games.

While he did not say the CESAFI officials committed contempt of court, Dumdum said there is such an offense if a court order is disobeyed.

He made the statement in response to media queries on what constitutes contempt of court.

Dumdum, though, said a concerned party is first ordered to “show cause” why he or she should not be held in contempt before a decision would be made.

Meanwhile, Dumdum ordered the CESAFI to appear on Sept. 26 and explain why it should not grant the petitioner’s request for the issuance of a writ of preliminary injunction against the body.

Aying was enrolled at the Don Bosco Technology Center, a CESAFI member, in 2011 before he left and joined his coach, Carlito Britt Reroma, in San Beda College in Manila.

But Reroma returned to Cebu and coached USC. He  offered Aying to play for the USC junior basketball team.

However, before the league’s opening on Aug. 3, Reroma received a letter from the CESAFI screening committee informing Aying’s ineligibility to play due to the residency rule.— /RHM (FREEMAN)