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View Full Version : Trial Court rules in favor of Graham Lim/Pechay BAP group



pachador
09-15-2008, 01:23 AM
Graham Lim's group wins in court* *:(* :(* :(

deport this alien. ok lang sana kung alien kaso he has become a hated and undesirable alien for hurting the interests of filipino people specifically our basketball interests

September 15, 2008

*
Court rules in favor of Pichay, Villafuerte


THE Manila Regional Trial Court ruled last week that the group of former Rep. Prospero Pichay and incumbent Rep. Luis Villafuerte has the rightful claim to the leadership of the Basketball Association of the Philippines-Samahang Basketbol ng Pilipinas (BAP-SBP).

Judge Antonio Eugenio Jr. declared that the June 4, 2008 National Congress attended by majority of the stakeholders who elected Pichay as BAP-SBP president and Villafuerte as chair was legal and valid and as such, the subsequent June 12, 2008 convention called by the SBP faction was null and void.

Earlier, Villafuerte and his group had filed a suit against Gov. Oscar Moreno and company seeking to nullify the results of the SBP-initiated June 12, 2008 elections that voted telecommunications tycoon Manny Pangilinan as BAP-SBP president and Moreno as chairman.

Eugenio said the court took note of the fact that the call for the June 4 elections was authorized by nearly 70 of the 87 stakeholders that attended the National Congress initiated by Villafuerte, as BAP-SBP chair, on May 17, 2008.

Accordingly, the June 12, 2008 Congress called by SBP legal counsel Marievic Anonuevo and attended only by 19 of the 87 member-association of the organization “can hardly be considered as enjoying the semblance of legitimacy.”

“The Pangilinan group’s proposition that its June 12 convention had been duly authorized by the Philippine Olympic Committee and recognized the international basketball-governing body FIBA did not give it the imprimatur of validity,” added Eugenio.

“Likewise, respondents’ reliance on the letter sent by FIBA dated May 13, 2008 [regarding validation of the organization’s members after the one-year transition period] is clearly misplaced,” said Eugenio.

In his ruling, Eugenio also ordered Pangilinan’s men “to cease and desist from further acting as officers of the BAP-SBP” and “to turn over the affairs of the organization” to Pichay’s group immediately.

On the basis of the provisions of Republic Act 8799, the decision rendered in the case is immediately executory and no motion for reconsideration of the decision can be entertained by the court, according to Atty. Rommel Frias, the legal counsel for the Villafuerte-Pichay group.

Pichay was elated over the triumph of the rule of law. He said he’s now reaching out to the group of Governor Moreno and Manuel Pangilinan for them to be able to come up with a “Solomonic solution” to achieve unity and harmony for the sake of Philippine basketball.

bchoter
09-15-2008, 01:32 AM
Pichay ka ng mommy mo >:( :( :-[ :'(

D_I_A
09-15-2008, 01:52 AM
wala naman basis yan, as far as i remember in the olympic movement di nila nirerecognize ang court decisions, kasi interference ito ng state sa sports.

Down with the BAP!!!

DEPORT GRAHAM LIM NOW!!!

CrossOver
09-15-2008, 03:42 AM
Tama na pang pampam sa RP basketball BAP wala ng papansin sa inyo malapit na kasi election kaya nagpupumilit kayo! Mga B U S E T!
>:( >:( >:(

Joescoundrel
09-15-2008, 08:52 AM
As much as the court's in this country are notorious for taking on cases the subjects of which they hardly have the competence mush less the expertise upon which to decide, this latest episode has got to be one of the single most idiotic decisions ever to come out of an RTC.

I would argue that the BAP group of Graham Lim is not even a real party in interest in this case, since the old BAP group and even the old Pilipinas Basketball Group were already dissolved as part of the Tokyo and Bangkok agreements arrived at in close consultation with FIBA itself. Both groups were dissolved specifically to pave the way for the new national federation - in this case the BAP-Samahang Basketbol Ng Pilipinas. This federation is the only one recognized by FIBA itself, hence all international basketball dealings are done for anf on behalf of the country by SBP. Even assuming the decision of the RTC is valid, that still does not compel the international governing body of the sport to cease its recognition of SBP and thus to duly re-recognize the old BAP. The FIBA is not under the jurisdiction of the RTC.

Which then brings up the obvious question: What on earth was all this in aid of if not the furtherance of the blatantly personal ambitions of two of the devil's most trusted agents? I hope all basketball-loving Filipinos remember what Pichay and Villafuerte have done to destroy basketball in the country if these two sons of bitches ever run for public office again.

Magka-bone cancer sana buong angkan nilang dalawa...

clutchjedi
09-15-2008, 09:35 AM
asa pa sila na makabuo ng matinong national team at i-accept sila na palaruin sa mga official FIBA tournaments...

if this goes on the PBA commish/board has a ready excuse to sit back and leave it to others to form a non-PBA "national" team.

Joescoundrel
09-15-2008, 09:59 AM
^ Clutch, I think the PBA right now is just tasked with one specific event anyway, the FIBA Asia Qualifier I believe, so the PBA won't really have much of a say in the matter of a fulltime national team.

However, I submit that if the PBA wants to do its part to kill the old BAP (and seeing as how there is an MVP team in the PBA) then they should not accept players into the league who played for BAP-affiliated teams, schools, leagues and whatnot. The PBA is a private entity who can do as it pleases when it comes to the procurement of its personnel, i.e. players who want to turn pro.

On the legal front I certainly hope Mr Pangilinan does not make the mistake of entrusting this to the PLDT lawyers. This is high-media high-value lawyering territory, which means it is time to bring in a hired gun lawyer, some one who will not be influenced by the fact that he is a PLDT man. Maybe the likes of Mario Ongkiko, or Frank Chavez, or Romy Makalintal, can handle the legal front for the SBP.

On the political front, for godsakes is the SBP not in the good graces of Malacanang? Because for all this time the Palace has kept its hands off this whole brouhaha, and its basketball we're talking about, not federalism or ancestral domain or national patrimony. Surely the leadership of the SBP, for all its supposed economic and political clout, can get Malacanang to tell the devil's two sons to please just eat shit and die, or at least give them a cushy political appointment somewhere to keep them out of the basketball picture.

BigBlue
09-15-2008, 10:05 AM
baka naman pwedeng palitan yung title ng thread, maybe we need to specify "Trial court". I was surprised to see the tread title, I thought BAP had for once, finally won on the court that mattered: the BASKETBALL COURT.

clutchjedi
09-15-2008, 10:54 AM
^ Clutch, I think the PBA right now is just tasked with one specific event anyway, the FIBA Asia Qualifier I believe, so the PBA won't really have much of a say in the matter of a fulltime national team.


thanks joe - yes you're right, the PBA is committed only for 2009-10.

i was actually just holding out hope that beyond 2010 the PBA would at least still have some policies supportive of the NT.

for example, maybe it could allow NT pool members to already be drafted and sign contracts, pero ire-respect na sa NT lang muna sila lalaro. so if a PBA team thinks a young player is worth waiting for, it could draft him already and wait it out, maybe give him at least an allowance (and insure him if that's possible?) - just to help his family be bit more financially stable.

mas posible sana yun kung SBP ang kausap since they can work credibly with the PBA. pero kung BAP din lang, the PBA would probably be inclined to just freeze them out.

clutchjedi
09-15-2008, 11:00 AM
baka naman pwedeng palitan yung title ng thread, maybe we need to specify "Trial court".

Oo nga, at least pag nabasa mo na "trial court", maiisip mo agad na incompetence o pera-pera lang ang dahilan. :D




I was surprised to see the tread title, I thought BAP had for once, finally won on the court that mattered: the BASKETBALL COURT.


2 words lang ang naisip ko dito: Paranaque Jets. :D

Ghostrider
09-15-2008, 12:57 PM
On the legal front I certainly hope Mr Pangilinan does not make the mistake of entrusting this to the PLDT lawyers. This is high-media high-value lawyering territory, which means it is time to bring in a hired gun lawyer, some one who will not be influenced by the fact that he is a PLDT man. Maybe the likes of Mario Ongkiko, or Frank Chavez, or Romy Makalintal, can handle the legal front for the SBP.

I'd like to correct this misconception. The SBP has never been handled by any PLDT lawyer.* Atty. Anoneuvo is part of the Picazo law office and it is their firm which has been engaged to handle the SBP requirements.

The names bandied around are fine lawyers, but their respective specialities may be quite different from what is needed.* For example, Atty. Makalintal is an election lawyer. Atty. Chavez as former Solicitor General handles or specializes in high profile political cases and Atty. Onkiko's specialty, if I'm not mistaken is criminal cases.

To use an analogy, you don't consult with Dr. Garma if your case needs the opinion of an ophtalmologist or maybe even an oncologist.

PLDT lawyers, qualified and passionate as they may be, are generally prohibited from accepting outside cases.* The SBP legal woes are Mr. Pangilinan's personal concerns and do not stem from any PLDT related transaction.* Hence, PLDT lawyers would need special dispensation and clearances from the internal Corporate Governance to handle said matters.

Hope this clears matters sufficiently.

Joescoundrel
09-15-2008, 03:39 PM
^ Hi Ghost, that's what I forgot to mention on the corporate governance side, thanks.

On my end I just feel that when it comes to high profile cases it is best to leave it to the high profile lawyers. And a case such as this, pitting the likes of Butch Pichay and Louie Villafuerte against Manny Pangilinan and Noli Eala, couldn't be any higher of profile.

As much as cancer is not something you would consult with the legendary Dr Garma, neither should you entrust a case that will most certainly be fought out in mainstream media as much as in the courts to lawyers who are not used to cases of this type and magnitude.

korn666333
09-15-2008, 05:21 PM
aw yang grupo na yan yong nagpadala ng team sa jones cup na laging tambak ang pinas...
ew...for me pangilinan team ako susuporta.

alex15
09-15-2008, 07:46 PM
Ibig sabihin nito wala nag pag-asa ang SBP na ma-take over ang basketball sa Pinas? Hanggang 2010 pa tau maghihintay(next election)

bossman
09-15-2008, 09:22 PM
Kelan pa ba ideport yan alien na yan? Si Graham Lim talaga ang pagulo sa atin basketball. Bata kasi yan ng isang taga FIBA Asia na gusto tayo guluhin.

pachador
09-15-2008, 10:13 PM
by always making trouble, the BAP are trying to sabotage as well the SBP's efforts to win the 2011 hosting of FIBA-Asia kasi baka iisipin siguro ng FIBA na magugulo mga tao diyan sa pilipinas. it gives us a bad image ika nga .

Joescoundrel
09-16-2008, 09:00 AM
Paging Estelito Mendoza... ;D

pachador
09-16-2008, 02:40 PM
someone should call pichay and villafuerte to read the posts in all the filipino basketball forums so they will be shocked out of their senses that all the posters hate them. if they are running for congressman or senator the next elections, none of the posters here will vote for them. I'll bet they will drop and leave behind graham "the alien" Lim like a hot camote.

JonarSabilano
09-16-2008, 06:16 PM
I've started an online petition against the BAP. Please take time to look and sign. Thank you.

http://www.petitiononline.com/stopBAP/petition.html

Joescoundrel
09-16-2008, 07:12 PM
Coming directly from the mouth of a top basketball personality: "We cannot just deal with these ass---- through (the law firm of) Sycip-Salazar. Kailangan din natin ng operator kasi ganyan ang labanan ng mga put---inang mga kalaban natin."

Paging Alex Boncayao! ;D

PilipinasFan
09-17-2008, 07:58 AM
the 87 stakeholders that attended the bap convention last july 4 that the RTC was talking about are not the voting members of the bap-samahang basketball ng pilipinas. they failed to qualify because they can't meet the requirements handed out in the constitution and by-laws of the basketball association. so how can you proceed with a convention and an election of officers if not even a single attendant of that said meeting is authorized to vote under the charter of the bap-samahang basketbol ng pilipinas.

it is really the worst decision handed out by the Manila RTC., despite this ruling,we, the filipino basketball followers, shall continue to support the leadership of manny pangilinan., putting the bap-samahang basketball on the hands of the illegitimate bap, with prospero pichay, is like spelling the doom of philippine basketball.,

thadzonline
09-17-2008, 10:09 AM
they are actually referring to the provision of the Bangkok Agreement so if the RTC judged that the election was within the Transitory Period then it carries that the Bangkok document still was in effect. The SBP contends otherwise, so buckle up, it's going to be a long legal battle

D_I_A
09-17-2008, 11:03 AM
Brace yourselves!!! Battle Stations Everyone!!!

DOWN WITH THE BAP!!! >:( >:( >:(

danny
09-18-2008, 12:48 AM
Ang tindi talaga! Kapalan na lang ng mukha. Kapalmuks. Mahirap kalaban ang mga ganyan. :D

D_I_A
09-18-2008, 01:46 AM
Ang tindi talaga! Kapalan na lang ng mukha. Kapalmuks. Mahirap kalaban ang mga ganyan.* :D


we need to band together!!!

the future of RP basketball is at stake!

Down with the BAP!!!


>:( >:( >:(

The_Big_Cat
09-18-2008, 10:03 AM
Sa bandang huli, papanigan ng Basketball Gods ang karapat-dapat.

Sa kangkungan ang bagsak niyo Pichay et al! >:(

PilipinasFan
09-20-2008, 08:20 PM
BAP should die., nkkabwisit cla.,

KobeWanKenobi
09-21-2008, 11:23 AM
I've started an online petition against the BAP. Please take time to look and sign. Thank you.

http://www.petitiononline.com/stopBAP/petition.html


This should be on a separate thread.

By the way, I've posted your petition on MyPBA and PEX. Will do the same on PBA.ph once it comes back online.

sajubeads
09-22-2008, 08:12 AM
PBA names RP five coach Monday


By Musong R. Castillo
Philippine Daily Inquirer
First Posted 04:09:00 09/22/2008


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Close this MANILA, Philippines—The Philippine Basketball Association, which has been heavily involved in the formation of the national five over the last few years, is expected to announce the name of the RP coach on Monday, among other things.

Commissioner Sonny Barrios will make the announcement Monday morning at the league offices.

Barrios, though, turned off his mobile phones and refused to answer text messages.

The PBA, or its commissioner for that matter, has always had the privilege of naming the national coach.

Chot Reyes, now coach of Talk ‘N Text, handled the last Philippine team that participated in the Olympic qualifiers, getting a leave of absence from his former team, San Miguel Beer, which also helped bankroll the program.

Sources say Reyes, Red Bull’s Yeng Guiao and former RP team head coaches Tim Cone of Alaska and Jong Uichico of Barangay Ginebra head the list of candidates.

Like in the previous PBA-backed teams, the coach also comes up with the program on how to run the team, which now aims to make it to the London 2012 Olympics.

In a related development, a hearing on the Samahang Basketbol ng Pilipinas Inc.’s petition against the expelled Basketball Association of the Philippines will take place at a Manila Regional Trial Court today.

The hearing seeks the intervention of the courts to quash an earlier restraining order obtained by the BAP prohibiting the SBP from functioning as the rightful basketball body in the country.

KobeWanKenobi
09-23-2008, 07:45 PM
I've started an online petition against the BAP. Please take time to look and sign. Thank you.

http://www.petitiononline.com/stopBAP/petition.html


I've started a thread on the petition on MyPBA, PEX, Pacland, Solarent and Ginebraonline. We've had 150 signatures so far.

I'm waiting for the PBA.ph forum to go back online and also start a thread there. Hopefully we get enough numbers that it would force these scoundrels in the BAP to their senses.

D_I_A
09-24-2008, 12:09 AM
ALRIGHT GUYS WE HAVE A SIGN OF RELIEF THIS TIME!!!

IT’S BUSINESS AS USUAL FOR BASKETBALL

PBA to form RP team as CA refutes BAP

By Arman Carandang

09/24/2008

The Philippine Basketball Association (PBA) may now fulfil its commitment to form the national team as well as name the coach to handle it for the 2009 Fiba Asia Championship.

This after the Samahang Basketbol ng Pilipinas (SBP) under Manny Pangilinan secured a relief in its legal battle with another group claiming to be the county’s rightful governing body in basketball.

Justice Juan Enriquez Jr. of the CA’s 11th Division yesterday issued a temporary restraining order (TRO) in favor of Pangilinan, whose election last June 12 as President of SBP was earlier nullified by the Manila Regional Trial Court Branch 24 on a petition by former Rep. Prospero Pichay and Rep. Luis Villafuerte.

“To preserve the status quo and so as not to render ineffectual and nugatory the judgment that will be rendered in this decision, a temporary restraining order valid for 60 days is hereby issued enjoining the respondents and all persons acting for them from executing, enforcing, implementing or otherwise giving effect to the assailed decision,” Enriquez said in his order.

The assailed decision, which was handed down by Judge Antonio Eugenio of the Manila RTC Branch 24 last Sept. 3, practically put a handcuff on both the SBP and the PBA from effecting their earlier commitment to assemble a team way ahead of time for the Fiba Asia next year.

“With the preliminary relief, we’re confident the Court of Appeals will find our arguments meritorious for it to reverse the RTC ruling,” said SBP executive director Noli Eala.

“If It means there’s no legal impediment, I’ll now proceed with my assignment. I’ll work on it as agreed upon — the sooner the better,” said PBA Commissioner Sonny Barrios.

Barrios was supposed to proceed with the long overdue formation of the national team, but could not do so because of a cease and desist order sought earlier by Pichay and Villafuerte.

The PBA nevertheless assured that the league remains committed to helping the SBP in its quest to form a competitive team for next year’s Fiba-Asia championship which serves as the qualifier for the 2010 world championship in Turkey.


MALAYA

9/24/2008

Barrios ready to name coach

BY NOLI CORTEZ

FREE of shackles and with a heightened sense of urgency, PBA Commissioner Sonny Barrios can start naming the coach of the league-backed national team.

Barrios yesterday bared he can reveal his choice of the coach earlier than expected to start the latter’s arduous task of assembling and gearing up his team.

"I can now proceed with fulfilling my assignment, which is to name the national coach," Barrios said after getting hold of a copy of a temporary restraining order obtained by the Samahang Basketbol ng Pilipinas late last Monday.

The TRO, issued by Judge Juan Enriquez Jr. of Division 11 of the Court of Appeals, ordered all parties to preserve the current status quo, which has the SBP as the sole governing body for basketball in the country.

The CA decision enjoined a breakaway faction from the BAP "and all persons acting for them from executing and forcing, implementing and otherwise giving effect" to an earlier Regional Trial Court ruling that prohibited the SBP from acting as the national sport association for basketball. The RTC ruling was issued last Sept. 3 and released to the media last Sept. 14.

Due to that ruling, Barrios, who has just returned from a US vacation, was prompted to defer baring his choice until the legal battles have been resolved.

"We in the PBA have never violated any law of the land," Barrios stressed last Monday.

The CA ruling was welcomed by SBP Executive Director Noli Eala who said: "We’ve got preliminary relief and we’re confident the CA will eventually overturn the RTC ruling."

Eala pointed out the SBP, which has Misamis Occidental Gov. Oscar Moreno as chairman and business tycoon Manny V. Pangilinan as president, is the sole NSA for basketball recognized not only by the POC but also by the sport’s international federations as well. He is optimistic the courts will see it in said light.

"We hope the CA finds our arguments meritorious," he said.

For his part, PBA Chairman Joaqui Trillo said no legal battle will detract the league from its mission to help the country’s cagers in the international arena.

"We in the PBA made a commitment and we’re standing by it," Trillo said.

With the CA TRO that is valid for 60 days, things have changed drastically and Barrios said he can now name his chosen one earlier than his self-imposed Oct. 1 deadline.

"It means there are now no legal impediments prohibiting me from doing my assignment," he explained. "At kung magkaroon na naman ng panibagong legal impediment, at least the ball has started rolling, so to speak."

Reportedly among the hot candidates for the head coaching slot are Ginebra’s Jong Uchico, Red Bull’s Yeng Guiao and Alaska’s Tim Cone.

The PBA has shaken up its season to free its coaches and players who will be tapped for the RP team that will represent the country in the 2009 regional qualifying tournament for the World Basketball Championship set the following year.



Lions, Bombers clash in Game 1

Barrios ready to name coach

Pumaren: This one’s far from over

Volley Federation needs P6M to stage Asian Youth girls meet

Miller sparks Aces past Giants

RP football has what it takes: AFC







++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++


ENOUGH IS ENOUGH bap!!!


DOWN WITH THE BAP!!!

>:( >:( >:(

DEPORT GRAHAM LIM NOW!!!

>:( >:( >:(

SUPPORT THE SBP!!!