Guiao to push Supreme Court case
Despite losing his bid for a second term as congressman of the first district of Pampanga in last Monday’s polls, Rain Or Shine coach Yeng Guiao said the other day he’ll continue to push for the Supreme Court resolution of the case enforcing the law for PAGCOR and PCSO to remit the mandated amounts to the National Sports Development Fund through the PSC.
Guiao filed a petition for mandamus before the Supreme Court to compel PAGCOR and PSCO to abide by the provisions of Sec. 26 of R. A. 6847 or the PSC Law of 1990 last April 26. The law stipulates that PAGCOR must remit 5 percent of its gross income and PCSO 30 percent of proceeds from six sweepstakes or lottery draws to the PSC annually.
Guiao said records show that since 1993, PAGCOR has remitted only 2.1375 percent of its gross income and estimated a shortfall of at least P10 Billion in what the PSC should have received. PCSO has also violated the provisions of the law since failing to remit 30 percent in 2006.
In PAGCOR’s case, Guiao said he’s seeking back payments up to only 2006 and that would mean a windfall of about P5 Billion for sports. On a yearly basis, the PSC should receive at least P1.6 Billion from PAGCOR.
With the change of administration, Guiao said he wants to make sure the PSC gets what is due by law and that the money doesn’t fall into the wrong hands. It is expected that Presidentelect Rodrigo Duterte will appoint a new team to manage the PSC. Former PSC chairman William (Butch) Ramirez, who is from Davao like Duterte and a close ally of the incoming Chief Executive, is reportedly preparing a short-list of candidates for PSC chairman and commissioners. Among the candidates are a PBA player and a former bowling champion.
“If the PSC is able to get P5 Billion from what PAGCOR should’ve remitted since 2006, it will be enough to build a new training center in Clark,” said Guiao. “We won’t have to ask for a budget from government or raise funds from the private sector.”
A source said Guiao’s suit has been raffled to a division headed by associate justice Marvic Leonen. “Hopefully, we can get a resolution within six months,” said Guiao. “There is actually no room for interpretation. This case is a matter of applying the law which is clear. PAGCOR and PSCO are mandated by law to remit certain amounts to the PSC. All we want is to follow what the law provides.”
Guiao said since a lot of money is involved, he’s hoping President-elect Duterte appoints honest men or women with a heart for sports. “I’m not after any position,” he said. “I’ve been asked about my thoughts on the PSC and who might be able to fill in the positions that will soon be vacated. My only interest is to improve Philippine sports. Nobody else dared to go to court. It’s about time the law is enforced. PAGCOR and PSCO must abide by what the law stipulates. That law can’t be overruled by any executive order.”
Guiao said he’s confident that Leonen will recognize the urgency of an early resolution. Leonen, 53, was formerly Dean of the College of Law at UP and once the chief peace negotiator for the government with the MILF. “This won’t go to the Supreme Court en banc,” said Guiao. “It’s at the division level and Justice Leonen will look into the case before submitting his opinion for resolution.”
The case isn’t the only measure that Guiao is chasing. The Samboy Lim Law, which he authored, is now on third reading at the Senate after passage in the House of Representatives. Guiao said when the Senate reconvenes for the canvassing of votes, the bill could be submitted for passage and if the House agrees to adopt the version approved by the Senate, it could then be submitted to the President for signing into law. If the Samboy Lim Law is passed, it will require high school students in public and private schools to undergo CPR training as a requirement for graduation.
Meanwhile, Guiao will focus on another pursuit tonight. He’s a win away from capturing the PBA Commissioner’s Cup title and a Rain Or Shine victory over Alaska in Game 4 at the Smart
Araneta Coliseum will clinch it.
Last Wednesday, the Elasto Painters blew a 27-point lead and withstood a furious Alaska rally in the fourth period to win, 112-108, for a commanding 3-0 edge in the best-of-7 Finals. The Aces outscored Rain Or Shine, 36-17, in the last quarter to make it close but the Painters leaned on an early cushion to weather the storm.
“We lost focus,” said Guiao. “You can’t relax against a team like Alaska. So far, our ball-screen offense has worked for us and they haven’t able to stop it consistently. They zoned us for a while but it didn’t last long because they’re really not a zone defense team. They like to pressure. Luckily, we’ve got the guards who can handle their pressure.”
Rain Or Shine is in its fourth Finals in the last eight conferences and hasn’t won a title since bagging its first-ever championship in the 2011-12 Governors Cup. It’s been a 10-conference drought for Guiao who’s gunning for his seventh PBA crown and second with the Painters.