The Court of Appeals formally denied the petition filed by Jose “Peping” Cojuangco that seeks the reversal of a lower court decision allowing Ricky Vargas to run as president of the Philippine Olympic Committee (POC) in a special election last February.
In an eight-page decision penned by Association Justice Maria Filomena Singh last June 28, the 10th Division of the appellate court dismissed Cojuangco’s plea because the issue is already moot and academic following a special election where Vargas defeated Cojuangco, 24-15.
The court said there’s no justiciable controversy and whatever decision it may render would no longer have any practical use or value so it is better to dismiss the petition with prejudice.
With this decision, Cojuangco’s final legal option is to elevate the matter before the Supreme Court, something that would again be moot and academic since Vargas’ term in the local Olympic council would last only up to 2020.
“And where the issue has become moot and academic, there is no justiciable controversy, so that a declaration thereon would be no practical use or value,” the appellate court said.
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“There is no actual substantial relief to which petitioners would be entitled and which would be negated by the dismissal of the petition.”
The POC election in 2016 turned into a legal battle after the three-man election panel of Bro. Bernie Oca, Cong. Conrado Estrella and International Olympic Committee (IOC) representative Frank Elizalde ruled that Vargas and Tagaytay City Cong. Bambol Tolentino were ineligible to run as president and chairman, respectively, due to their lack of sufficient attendance in the regular POC general assembly meetings.
Vargas brought the matter before the court, which ruled that the election in 2016 was null and void as the decision of the election panel that disqualified them was faulty.
The POC should also hold a special election with both Vargas and Tolentino contending for the presidency and chairmanship positions.
Cojuangco’s group struck back and tried to secure preliminary injunction to prevent the special election from happening, citing that the POC is not covered by lower court since it is autonomous in nature as it is under the umbrella of the International Olympic Committee (IOC).
But the Court of Appeals turned down his petition for a temporary restraining order, prompting Cojuangco to file for a petition for review to check whether the Pasig Regional Trial Court erred in meddling in a purely private affair by calling for a special election.
“I am naturally heartened by the decision even as we were actually planning to file a petition to dismiss the case,” said Vargas.
“But the fact that the Court of Appeals took it down upon itself to render the decision — and with prejudice at that – I am more than delighted.”
Vargas added that he had already moved on from his legal battle with Cojuangco as he is now setting his sights on coming up with a successful participation in the 18th Asian Games and an even more successful hosting of the 30th Southeast Asian Games next year.
“I look forward to seeking solutions to the many issues facing Philippine sports and I hope everyone concerned will put adversarial issues aside and work with us.”
“Our prayers have ben answered, but we need to pray even harder.”