THE nature of his sport may save Filipino boxing icon Manny Pacquiao from a class-action suit filed against him in a Las Vegas court, even as his lawyer said that the case won?t prosper.
Yesterday, Las Vegas residents Staphane Vanel and Kami Rahbaran filed a $5-million case against Pacquiao, Top Rank, Inc., promoter Bob Arum and adviser Michael Koncz for their alleged failure to disclose the Filipino boxer?s injury before his 12-round bout opposite Floyd Mayweather, Jr. last weekend.
Manny Pacquiao, shown here throwing a right at Floyd Mayweather Jr. during their welterweight unification championship bout on May 2, 2015 at MGM Grand Garden Arena in Las Vegas, Nevada, is being sued by Las Vegas residents for his alleged failure to disclose his injury before his 12-round bout opposite the American. AFP
The complaint states that ?All members of the Class relied upon the misrepresentations and the non-disclosures in purchasing tickets; purchasing pay per view showings; and in making wagers on the Event.?
But Pacquiao?s lawyer Daniel Petrocelli believes the case will not hold water in court.
?It claims Pacquiao was injured (immediately) before the bout and that?s not true?he was injured (nearly a month) before the bout, was examined by doctors and cleared to fight and he was examined by the commission right before he fought,? said Petrocelli.
Meanwhile, in a telephone interview with The Standard, lawyer Melencio ?Mel? Santa Maria, said buying a ticket to a specific event, in this case an event that involved a Pacquiao fight, is similar to entering a contract. Santa Maria said buyers have reasonable expectations, but at the same time are presumed knowledgeable about the agreement they enter into.
?You know the nature of sports and his previous experience, things like that could happen. Ilang laban na ba si Manny? Going into that (fight), he has already a battered body so things like that can really happen to an athlete,? said Santa Maria.
Santa Maria added that once a ticket is bought, there is what he termed as ?reasonable expectations,? wherein a ticket holder of a sporting competition usually assumes a 50-50 chance between two competitors.
But Santa Maria, the current dean of Far Eastern University?s Institute of Law, said such is not always the case in boxing because of the nature of how it is played.
?Are these common things in boxing? Does it happen all the time? If it does, then ?yung reasonable expectations ng bumibili ng ticket, nawawala,? said Santa Maria.
Another factor which Santa Maria said may help Pacquiao overcome the case is the fact that the Filipino boxer gave Mayweather a tough fight that up to this day, there are those who are still not convinced about the American champion?s victory.
?It?s a manifestation of good faith. He did not go in and take an intentional dive. There is no inkling on his part that he will be at a disadvantage because he knows that he can beat this guy,? said Santa Maria. ?Ibig sabihin, there was really a legitimate ground to say that there was 50-50 chance from the beginning.?
