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Philippines, 22 May 2024 |
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GO TENG KOK SEEKS TRO AGAINST HIS OUSTER FROM POC PhilBoxing.com Sat, 20 Aug 2011 Charging that his expulsion from the Philippine Olympic Committee was illegal and "a violation of pertinent provisions of the POC Constitution and By Laws as well as the charter of the IOC which gives life to the former? Philippine Amateur Track and Field Association and Karatedo president Go Teng Kok has filed a case before the Pasig Regional Trial Court seeking a TRO ?annulling and setting aside his ouster as a member of the POC general assembly.? . The case was filed by Go Teng Kok?s lawyer and former chess Olympian Sammy Estimo who claimed that the ?improvident and unlawful expulsion? through a signature campaign initiated by POC president Jose ?Peping? Cojuangco, chairman Monico Puentevella, secretary general Steve Hontiveros, assistant secretary general Mark Joseph and assistant secretary general and spokesman Joey Romasanta was triggered by Go?s expose of ?anomalies committed by respondents, led by the plunder cases filed before the Office of the Ombudsman against respondents Cojuangco, Puentebella and Hontiveros as well as the other cases filed against respondents Joseph and Romasanta.? Go Teng Kok claimed that the procedure adopted in expelling him ?violated the pertinent provisions of the POC constitution and by-laws as well as the charter of the IOC which gives life to the former.? He quoted Article VI, Section 2 of the POC charter which states that ?An NSA representative may be denied or expelled from the General Assembly by 3/4 of the votes cast by the voting members present in the General Assembly? Go stated that ?this provision of the POC constitution clearly nullifies the signature campaign conducted by the petitioners where the signatures of the voting members of the General Assembly were solicited on a piece meal basis for a period of two weeks before the extraordinary meeting. The POC charter mandates that the 3/4 votes needed must be actually cast during the meeting called for the purpose of expelling him.? Estimo also pointed out that ?the resolution in question, dealing with a life-and-death issue involving the lawful rights of petitioner as a member of the POC General Assembly must have been first tabled, discussed or debated in open session by the assembly with petitioner being allowed to be acquainted with the charge/s against him and to prepare for his defense.? He cited Chapter 2, Section 16, paragraph 3.8.2 of the IOC charter, after which the POC constitution was patterned, which states ?The decision to expel an IOC member is taken by the Session upon the proposal of the IOC Executive Board. The member has the right to be heard; such right includes the right to be acquainted with the charges and the right to appear personally or to submit a defense in writing.? Lawyer Estimo added that Go Teng Kok?s ?right to due process, which was denied him by respondents, is also incorporated in the Bill of Rights of the Philippine Constitution., the highest law of the land.? The petition for a TRO further claimed that Go's "invalid ouster also affected the national interest as it has occasioned delay and deprivation of support and food to PATAFA athletes presently training to represent the country in the next SEA Games to be held in Indonesia this coming November.? He requested that ?for this reason, and to deter other persons from committing acts with similar consequences as those complained against in this action, exemplary damages should also be slapped against respondents.? In conclusion Estimo stated that the petitioner , Go Teng Kok ?has no plain, adequate or speedy remedy other than to petition the Honorable Court for redress and to prohibit respondents, and all persons and agents acting on their behest or authority, from implementing and/or giving effect to the invalid ouster of petitioner as a member of the POC General Assembly.?  |
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