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Cebu News

File contempt petition, parents of CESAFI player told

Mylen P. Manto - The Philippine Star

CEBU, Philippines - If they want the official of the Cebu School Athletic Foundation, Inc. (CESAFI) cited in contempt for allegedly violating a court order, it is better for the complainants to file a separate petition.

This is the ruling of Regional Trial Court Judge Simeon Dumdum on the manifestation filed the family of Scott Aying, the University of San Carlos athlete who was not allowed to play in this season of the CESAFI games.

Through a manifestation filed on September 20, 2013, Aying, represented by his parents Danilo and Avah Michelle, asked the court to require CESAFI Commissioner Felix Tiukinhoy Jr. to explain within 72 hours why he should not be cited in contempt for violating the court’s order to allow Aying to play.

CESAFI has disqualified Aying from playing last September 18, 2013 owing to residency issues.

In another order issued yesterday, Dumdum said that instead of the court, on its own, requiring Tiukinhoy to explain, it is better if a petition is filed.

“The court finds it proper that, instead of motu proprio requiring the respondent to show cause, the petitioner file a verified petition for indirect contempt against the respondent, as in the case of initiatory pleadings,” the order reads.

Dumdum based his ruling on Section 4, Rule 71 of the 1997 Rules on Criminal Procedure relative to indirect contempt proceedings.

Aying’s parents called as “contemptuous” Tiukinhoy’s refusal to abide with the court order and for announcing that all upcoming games of CESAFI junior division would be cancelled.

Last Thursday, in a meeting headed by Tiukinhoy, the CESAFI board decided to postpone the remaining games of the 2013 Junior Basketball League until further notice.

Aside from Tiukinhoy, other named respondents are President Fr. Manny Uy and screening committee members Jess Himotas and Danny Duran.

Early on, Aying’s family filed an injunction case in court, arguing that the two-year residency rule only applies to college students and not to high school students.

In 2011, Aying was enrolled at the Don Bosco Technology Center, a CESAFI member. However, in 2012, he left the said school and joined his coach, Carlito Britt Reroma in San Beda College. But, returned to Cebu and got an offer at USC. Reroma then offered Aying to play the USC junior basketball team. – (FREEMAN)

AYING

CARLITO BRITT REROMA

CEBU SCHOOL ATHLETIC FOUNDATION

CESAFI

COMMISSIONER FELIX TIUKINHOY JR.

COURT

CRIMINAL PROCEDURE

DANILO AND AVAH MICHELLE

DON BOSCO TECHNOLOGY CENTER

TIUKINHOY

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