Philracom sues Metroturf on jockeys’ P41M disability fund
The Philippine Racing Commission ( Philracom), in behalf of the New Philippine Jockeys Association, Inc. (NPJAI), filed a suit against the Metro Manila Turf Club, Inc. (Metroturf), for its alleged failure to remit P41 million for the use of injured and disabled jockeys.
Philracom, a government agency under the Office of the President, supervises and regulates professional horseracing. The jockeys’ and trainers compensation fund is, under Republic Act No. 309, a certain share of track take that is to be collected from the horseracing clubs for the benefit of jockeys and trainers who have incurred injury, disability, or death during their professional activities.
The NP JAI entered into a memorandum with Philracom wherein the latter will administer the compensation fund for the jockeys.
Under Metroturf’s franchise law, RA No. 7978, the share for the jockeys and trainers injury, death, and disability fund is one-half-percent of total wager funds. Metroturf has neither remitted nor disbursed any of this amount since it started operations in 2013.
According to Philracom chairman Andrew Sanchez, in February this year the Department of Budget and Management ( DBM) authorized Philracom to collect the accrued funds from MMTCI, estimated to be over P41 million as of this time.
On June 2, Philracom requested Metroturf to remit the funds, citing the DBM directive. However, Metroturf responded that the Philippine Race Horse Trainers Association, Inc. (PRHTAI) was also demanding their share of the fund that they claimed were private, rather than government funds, raising a question of who is the legal owner of the funds. Metroturf refuses to turn over the disputed fund until that particular issue is resolved.
Philracom’s position, however, remains firm that RA No. 309; its own charter, Presidential Decree No. 420; and RA No. 7978, as well as the DBM directive, clearly provide that the compensation fund is to be remitted to the Commission and administered by them.
According to NPJAI president Redentor de Leon, the fund is badly needed by the jockeys to care for their injured and disabled patients.
There are currently 11 riders on the disabled list. Five are totally disabled after racing accidents – Erwin Tijam in 1991, impaired vision; Jesus “El Maestro” Guce in 2005, paralyzed, in a wheelchair; Constantino Bernabe Jr. in 1993, paralyzed after a severe spinal injury, in a wheelchair; Ramil Leona in 2013, partially paralyzed; and Leonardo Cuadra Jr. in 2014, severe head injury.
Six are partially disabled – Emerito Daquis, who suffered leg injuries in a workout accident in 2000; leg injuries as well in racing accidents for John Gregory Rodriguez (2009), Juan Manalo Jr. (2007), and Ludovico Salvador Jr. (2006); and slight spinal injuries during a race for Ernesto Ventura (2000) and Lennon Cannaoay (2012).
In the case of jockey Cuadra, he fell on the track at Metroturf head first. His injury is so severe that the top part of his skull had to be removed and kept in his abdominal cavity. It cannot yet be replaced because of lack of funds for the operation. He was only 25 when the accident occurred.
“We raise funds for their care,” said De Leon, “by requesting charity races from Philracom, medical assistance from the Philippine Charity Sweepstakes Office, and donations from industry members and private individuals, but it is not sufficient.
“The compensation fund would help us obtain better medical treatment for our injured jockeys and a higher quality of life for our disabled ones.”
“We hope that this matter with Metroturf will soon be resolved, for the benefit and welfare of the jockeys,” said Sanchez.