Vargas appeals for freedom of choice

MANILA, Philippines – ABAP president Ricky Vargas said yesterday his bid to become POC president is motivated by a mounting public clamor for change and appealed to the COMELEC (Commission on Elections), organized by POC secretary-general Steve Hontiveros, to allow the freedom of choice among voters in the Nov. 25 polls.

Based on a memorandum issued last Oct. 27, the COMELEC released a list of 14 candidates it cleared as eligible. The COMELEC disqualified Vargas as candidate for POC president, leaving incumbent Jose Cojuangco, Jr. unopposed, for allegedly failing to comply with the requirement of “active membership” or participation in the General Assembly in the last two years. Also disqualified was candidate for POC chairman Rep. Abraham (Bambol) Tolentino of cycling for the same reason. In the list of approved candidates, the COMELEC listed Tom Carrasco of triathlon unopposed for POC chairman.

The COMELEC is composed of chairman Francisco Elizalde, Rep. Conrad Estrella and Br. Bernard Oca. Philippine Football Federation president Mariano Araneta has formally requested for a copy of the POC Executive Board resolution which created the COMELEC and stipulated its composition. Araneta said he reserves the right to object to the validity of the formation of the COMELEC while awaiting the submission of the Board resolution.

On Thursday morning, the COMELEC will meet with Vargas and Tolentino on their motions for reconsideration at UCC on the ground floor of Estancia Capitol Commons in Pasig. Lawyer and former PBA commissioner Chito Salud is expected to join Vargas in the meeting.

A team of legal volunteers has been formed to defend Vargas’ position for the sake of Philippine sports. ABAP secretary-general Patrick Gregorio said the fight isn’t driven by personal ambition. “All we want is a fair shake,” he said. “The clamor for change is resounding and widely expressed in media, including newspaper editorials. The COMELEC should be sensitive to this clamor. This fight isn’t for Mr. Vargas. This is for Philippine sports, for the Filipino athletes whom we think deserve more than how they’ve been supported by the POC over the last 12 years. We realize this is an uphill battle because the election process has been politicized and compromised by vested interests. But we’re appealing to the conscience of those voting for their NSAs. This is not a fight to protect personal interests. It’s time for change and we ask the COMELEC to give the electorate that option.”

Vargas’ legal team is made up of Jake Corporal, Leo Aguilar, Jackie Cruz, Eric Espanol, Aga Francisco and Salud. As Vargas’ spokesman, Salud said the COMELEC decision of disqualification is “flawed and defective for lack of due process, both procedural and substantive.”   He pointed out that the basis of disqualification is “a nebulous eligibility requirement that has been left undefined by a clear-cut set of parameters and criteria in the POC By-Laws.” Salud said the COMELEC chose to limit the meaning and measure of a member’s activity solely to attendance and physical presence at the General Assembly and described the interpretation as “arbitrary” and “whimsical.”

PhilCycling secretary-general Avelino Sumagui has also protested Tolentino’s disqualification. “Under the premise of arbitrary interpretation of the word ‘active,’ I file the protest on the ground that the word ‘active’ should be liberally interpreted to mean that the position refers to the NSA and not to the person itself,” said Sumagui. Additionally, Sumagui questioned the eligibility of Carrasco as a candidate for POC chairman because he served as triathlon president up to last Aug. 31 and is now secretary-general. Sumagui has in his possession a letter signed by Carrasco as secretary-general addressed to PSC chairman Butch Ramirez dated last Oct. 6. A candidate for POC chairman must be the NSA president of an Olympic sport.

Francisco said it’s likely the POC will present a Board resolution defining the word “active” to justify the COMELEC’s interpretation. “But it won’t hold water since a Board resolution can’t amend the Constitution and By-Laws,” he said. “The latter is the contract among the members and the Board only executes the provisions of the Constitution and By-Laws.”

Gregorio said a detailed accounting of ABAP’s achievements in the last eight years during which Vargas was president is proof of active membership and participation. He said ABAP has been consistently represented in the General Assembly and acknowledged in the recognition of quorum for every meeting so the issue of “active membership” is clearly foisted as an attempt to derail Vargas’ candidacy.

“What are they afraid of?” asked Gregorio. “If the POC leadership is convinced that Philippine sports has progressed over the last 12 years, then let the voters decide if another four-year term is deserved. Why take away the freedom of choice and disqualify candidates who could make a difference for Philippine sports in the next four years? Perhaps, we could submit to the public an accounting of achievements of the NSAs in boxing and equestrian so it’s clear who is the active performer and who is the active non-performer.”