Debate on polls in POC meeting?

Association of Boxing Alliances in the Philippines (ABAP) president Ricky Vargas will attend the POC General Assembly meeting at Wack Wack on Wednesday and his presence may spark a debate on whether or not to proceed with the special elections on Feb. 23 as ordered by the Pasig Regional Trial Court even if it’s not in the agenda.

Vargas was disqualified by the POC COMELEC to run for POC president in 2016 but the Pasig court ruled there was no basis to throw out his candidacy and called for a re-vote in a decision issued by judge Maria Gracia Cadiz-Casaclang last Dec. 1. The court delivered the same ruling in the case of Integrated Cycling Federation of the Philippines president Rep. Abraham Tolentino who was similarly disqualified to run for POC chairman.

The decision triggered a petition for a TRO filed by the POC and the POC COMELEC before the Court of Appeals last Jan. 22. The petition called for a hearing on the application of a TRO to restrain the Feb. 23 elections and an upgrade to a preliminary injunction. The POC and the POC COMELEC stood by the disqualification, pointing out that in the two years before the 2016 elections, Vargas was absent in 14 General Assembly meetings and Tolentino in 11. “How can they be considered as active members of the General Assembly when they are barely there?” the POC and POC COMELEC said. The petition also affirmed that the POC COMELEC has the power and authority to disqualify candidates.

But lawyers from ACCRA representing Vargas said the Pasig court’s order is immediately executory after determining that the POC COMELEC’s ground for disqualification was “invalid” as “it cannot take it upon itself to restrict or qualify the term ‘active member’ in Article VII, Section 11 of the POC By-Laws as to mean physical presence in the meetings of the General Assembly.” ACCRA lawyer George Aquino said a motion has been filed before the Pasig court “to direct the POC Executive Board and the COMELEC to do all necessary acts to effect the election.”

POC secretary-general Steve Hontiveros said yesterday Vargas may speak at the General Assembly meeting if he wants to since he is a member as an NSA president. Hontiveros said the matter of holding the Feb. 23 polls is not in the agenda. “The case is in the courts,” he said. “I’m not a lawyer and I’m not in a position to comment on what’s going on. All I know is that in the entire history of the POC, it’s the first time a problem like this has come up.”

Vargas said he is optimistic the issue will be resolved with the NSAs allowed the opportunity to choose the leaders they want. “Then the POC can move on and take care of the many pressing issues it faces,” he said. “Elections are for the common good. To not hold elections despite a court order is selfish. That’s from pure common sense.”

SBP executive director Sonny Barrios said there is no definition of an “active member” in the POC By-Laws but it stands to reason that the significant meaning is the performance of the NSA he or she represents more than mere physical presence in a General Assembly meeting. “Let’s do a tale of the tape,” he said. “Let’s rack up the activities of the NSA for equestrian that Cong. Peping (Cojuangco) represents against the activities of the NSA for boxing that Mr. Vargas represents. That will give everyone an idea of who is the more active member.”

Barrios said the threat of suspension by the IOC for government intervention is a bogey that is baseless. “There is no attempt by government to install anyone in the POC,” he said. “We are after a democratic process in line with the spirit of sportsmanship. Besides, the POC continues to participate in the legal proceedings relevant to this case so that means it subjects itself to the jurisdiction of the court.”