Juico files a case against Obiena and POC at CAS

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TOKYO Olympic pole-vaulter EJ Obiena — EJ OBIENA FB PAGE

THE supposed mediation between Olympian pole-vaulter Ernest John “EJ” Obiena and the Philippine Track and Field Association that was agreed in principle in the Senate hearing less than a month ago did not happen.

This after Mr. Obiena and the Philippine Olympic Commission (POC) will engage PATAFA in a battle at the Court of Arbitration for Sport (CAS) after PATAFA President Philip Ella Juico filed a “statement of appeal” to CAS last Feb. 11 against the former two.

POC President Abraham Tolentino on Wednesday questioned PATAFA’s motive for it, describing it as a breach of integrity and putting a damper on the Senate’s effort to resolve the impasse.

“So what happened to the truce forged through the Senate? The mediation that both parties — Mr. Obiena and the Patafa (Philippine Athletics Track and Field Association) agreed on before our honorable Senators?” said Mr. Tolentino.

Mr. Juico’s filing of a case at the Lausanne-based CAS was done four days after the Senate hearing where Mr. Obiena and PATAFA publicly agreed to a mediation.

Apparently, it didn’t materialize.

“Where’s the good faith there? The POC thought they [PATAFA] were for mediation and even EJ already agreed to the procedure,” said Mr. Tolentino. “Filing a complaint against Mr. Obiena and the POC means the Patafa is included in the complaint because Patafa is a member of the organization.”

The POC Executive Board, in a hybrid meeting at the Knights Templar Ridge Hotel in Tagaytay City, authorized Mr. Tolentino to hire a lawyer and appoint a CAS juror, as well as appropriate still undetermined fees for the defense.

All except chairman Steve Hontiveros and first vice-president Alfredo Panlilio attended the meeting, with Atty. Charlie Ho of netball, who ran under Mr. Juico’s ticket in the November 2020 POC elections, filing the motion for the appropriation of lawyers and CAS fees.

According to POC Chief Legal Counsel Atty. Wharton Chan, Mr. Juico filed the complaint through his lawyers, the Aranas Cruz Araneta Parker & Faustino Law Offices. The complaint cited the POC’s breach of jurisdiction on the Mr. Obiena issue, dismissal of the case Mr. Obiena filed with the POC through its Athletes Commission and withdrawal of the persona non grata sanction on Mr. Juico.

Mr. Chan said the POC could not be cited on issues over jurisdiction on the Mr. Obiena case, saying the POC “is not a judicial body, but a corporate one and the focal issue is on the attitude and unethical conduct” on Mr. Obiena’s complaint of harassment against the Patafa.

“The CAS asked for more evidences from the PATAFA such as proof of notices, among others,” said Mr. Chan,

The International Olympic Committee created the CAS “to bring about the resolution of sports-related disputes which are submitted to it through ordinary arbitration or through appeal against the decisions of sports bodies or organizations.” — Joey Villar