What follows are statements from the UAAP and Sen. Pia Cayetano regarding the burning issue of the (ill-conceived) #NewUAAPRule.
Discern for yourselves. If you follow me on Twitter or follow this blog, then you know where I stand.
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| Mikee Bartolome (foreground) and Sen. Pia Cayetano (background) play major parts in the ongoing melodrama revolving around the wretched #NewUAAPRule. (image from Mike Abasolo) |
The first is a PDF copy of the actual court order handed down by RTC Branch 226. It's the Temporary Restraining Order (TRO) that suspends the UAAP's high-school-to-college residency rule (read: nonsense) and, more importantly, specifies that Mikee Bartolome should be allowed to compete THIS SEASON.
The second is another PDF copy, but this time it is RTC Branch 226's DENIAL of the UAAP's "Very Urgent Motion for Partial Reconsideration" AND UST's "Urgent Motion for Reconsideration." This order/denial snuffs out the desperate moves of both the UAAP and UST and, therefore, upholds the TRO as well as Mikee's clearance to compete.
The third is a statement made by the UAAP earlier this week (after dilly-dallying in the previous weeks) that basically says they acknowledge the TRO, but still find that Mikee should fall under the (now defunct) 1-year residency rule (read: still nonsense) DESPITE the court's denial of the motions for reconsideration. #TigasNgUlo
The fourth is Sen. Pia Cayetano's immediate reaction upon finding out that several schools boycotted the UAAP swimming competitions. Tsk tsk.
The fifth, and last, is a transcript of Sen. Cayetano's interview with Solar SportsDesk. Jinno Rufino and Cesca Litton were the ones interviewing the Senator. As you will see, she was pissed (to say the least).
So, UAAP, quo vadis? Paano na? Crap all over and who will clean it up?
To my students (past and present), this is what I mean when I say, "One wrong cannot be righted by another wrong." Remember Macbeth, guys -- "Things bad begun make strong themselves by ill?" Yeah, thought you wouldn't see that level of skulduggery in the real word, did you? Well, we do have the UAAP.
I believe you may click on the images to enlarge them.
I. RTC Branch 226's Temporary Restraining Order:
II. RTC Branch 226's Denial of the UAAP's and UST's Motions for Reconsideration:
III. The UAAP's statement earlier this week regarding the TRO:
The UAAP Board remains respectful of a court order against the imposition of the “two-year residency rule” for fresh high school graduates who transfer from one member school to another.
The board is doing so in the case of University of the Philippines (UP) freshman Anna Dominique “Mikee” Bartolome, a swimmer from UST high school, whose father brought his daughter’s case to court and earned a temporary restraining order and eventually an order preventing the UAAP from imposing the two-year residency rule.
As a result of the court order, the UAAP has no recourse but to heed and revert to the previous rule which has been imposed for decades. The old rule requires a freshman student-athlete who transfers from one UAAP school to another to complete one year of residency.
The court order was specific on the “two-year” rule which was imposed only this Season 76, and not on the previously accepted “one-year” rule. It would be worse for the UAAP if it also lifts the long accepted one-year rule.
In Bartolome’s case, she, like all other freshman transferees before her, must undergo the one-year residency before she could swim for UP. Bartolome’s elder sister served a one-year residency before she could eventually compete for the Fighting Maroons.
On the “boycott” of swimmers in events Bartolome competed or will compete in, the UAAP Board did not order such, nor did it instigate the move. The board in general deemed it as the schools’ decision, perhaps as a sign of personal indignation or protest.
Adamson University, the season host, in particular, would not instigate any protest. The Soaring Falcons only have one female entry in the swimming competitions.
The UAAP Board’s decision to heed the court order was unanimously agreed upon by its members during an emergency meeting on Thursday (September 19).
IV. Sen. Pia Cayetano's immediate reaction to the boycott:
"I condemn the boycott instigated by certain school officials at the UAAP swimming competitions in support of the UAAP Board's brazen refusal to abide by the court rulings affirming Mikee Bartolome's right to swim in the school of her choice.
There's nothing to gain from the boycott, except to send the message that the UAAP is too high and too proud to take orders from anyone, including from our honorable courts, even if they trample on the rights of student-athletes.
By preventing the student-athletes from openly competing and showcasing their talents, the UAAP leadership is proving that promoting the dev't of the student-athletes is not their priority. Instead they would prefer to create a culture of protectionism in support of their narrow institutional interests.
Sabotaging the swimming competitions will not resolve this issue. Now, not only Mikee but the rest of the student swimmers as well are suffering from the UAAP leadership's intransigence.
This is a sad sad day in Philippine sports."
V. A transcript Solar SportsDesk's interview of Sen. Cayetano:
Transcript of interview with Sen. Pia S. Cayetano
On the UAAP swimming competitions boycott
Solar Sportsdesk hosted by Jinno Rufino and Cesca Litton
20 September 2013
Jinno Rufino [JR]: On the line we have Senator Pia Cayetano who has been very vocal, not just about the UAAP residency rule, but about the situation with [Mikee] Bartolome. Good evening Senator…I know you have been monitoring the situation with UAAP and the swimming competition. Can we get a reaction on you on what happened in the past couple of days?
Senator Pia S. Cayetano [SPSC]: Basically it is very disappointing. I cannot even think of the most accurate adjective to describe the situation because it is really appalling the way those who are tasked to mold our youth for the future, to be responsible citizens, are the very ones who are destroying their future, destroying their morale, and providing an environment of hostility.
It is really with great sadness that I heard about the latest -- this boycott. But before that was the outright and blatant refusal of the UAAP Board members to honor the court’s decision. And when I heard that they now decided to twist the court’s decision and to say that, ‘Ok they honor the TRO on the two-year residency rule, but they will now go back to the one-year residency rule’… you don’t have to be a university graduate and you don’t need a PhD to read the order where it clearly says that the intention is to let Mikee Bartolome play in this [76th] UAAP season. So they are twisting words to make it appear that they have grounds for enforcing their residency rule which has already been ordered by the court as null and void.
So it is really, really sad that these are the people who are the governing body of one of the premier athletic university associations that our country has today. And I heard that student-athletes were crying during the meet. Even Mikee’s former UST teammates were sad by the fact that they even hugged her. These are her UST teammates in high school who are now competing. They hugged her after she won. They wouldn’t want to boycott her if they were not threatened by people who they have no choice to make decisions against. And Mikee was swimming in tears. I mean, I hope these people have a conscience because these are the children that they are molding for our future.
Chesca (sic) Litton [CL]: Senator, will there be any actions taken regarding the UAAP Board disregarding the TRO?
SPSC: I’m not their [Bartolomes’] lawyer. But I am a lawyer so I can tell you that I understand the legal process. And what they did was clearly contempt of court. So I leave that up to the lawyers of Mikee to figure out, how to handle it, but I definitely will not let this pass. I am the chairman of the Committee on Education in the Senate, I am an elected senator, and before my very eyes, rights of our youth are being violated by these people. So I also have means to ensure that they be held responsible for the extremely unreasonable, childish behavior that they have been exhibiting.
JR: Senator, in a text to Solar Sportsdesk, UAAP Board representative Anton Montinola said, ‘The UAAP respected the TRO which requires both parties to return the status quo, which is a one-year residency. Mikee’s elder sister complied with this rule under the exact same circumstances (Mikee’s transfer from UST to UP). Moreover the UAAP filed a Motion for Reconsideration which has not been given due course by the judge. We beg Senator Pia to be patient…’
SPSC: Well I have two things to say to that… First thing, UAAP, Mr. Montinola, says that they now interpret the court’s TRO to give them the license to revert to the one-year residency rule. What he did not say in his text to you and in any other pronouncement is that the UAAP Board actually filed a Motion for Partial Reconsideration on this TRO in the court citing its one-year rule. But this too was denied by the court in a subsequent ruling on September 18 wherein the court said that that one-year rule would trivialize and render the TRO moot.
Because what does the TRO mean? It says ‘restraining order.’ That means you are restrained from enforcing the two-year rule, and it further said that that rule is void and she’s allowed to play. Obviously if you will now insist that, ‘Oh, by the way, we have this old rule. We will bring it back to life. It’s a one-year rule,’ well then how will she play, right? Because you are now imposing a rule that still will not let her play now [76th season]. The court said, ‘Let her play now.’ And it reiterated that in its September 18 ruling. Of course they do not mention that, why? Because they have all the intentions of not honoring that right of the students.
Now what did you say, ‘Senator Pia, please be patient? Mikee will have four years to play?’ That is not the point. It just goes to show that if that is the sentiment of the UAAP Board, then they have no understanding of the right of these student-athletes. The right of the student-athlete is to play as soon as, or whenever, they are called upon by their school to play.
So if she has the talent to make it to the lineup within the [freshman] year, who are we, who is he, or any one member of the Board, to tell her: ‘Don’t worry you can play next year plus another four years or five years.’ That is not our right to dictate on the child. That is between the child and her coach to say that she should play now.
As it turns out, may Gold na yata si Mikee, and mayroon syang Bronze. She podiumed on these two different events. So obviously, her coach deemed her good enough. Who are we to tell her in five years mo pa gawin yan? Or next year mo pa gawin yan and we will add another year down the road? What is that? It is not about my patience, it is about the right of this child.
JR: I’ve got to ask you Senator: Why do you think the UAAP came up with this ruling of residency for a freshman athlete in the very first place? Not the two-year [residency rule], but the one-year, to begin with?
SPSC: To begin with, that came up - and this is not what I think - this is what they told me: It’s because of piracy, particularly in basketball. That’s where it came from. Eto yung puno at dulo ng problema nila and they are now making this broad rule that will affect every sport and every athlete. You have a piracy issue? Deal with it as piracy. Don’t come up with this stupid residency requirement that now impinges on the right of every high school graduate to choose the university of their choice.
CL: Senator, after all these events, after the swim meet where Mikee Bartolome was crying, her former team mates were crying, and of course, given the statement issued by Mr. Montinola, how will these affect any dialogues between you and the UAAP Board?
SPSC: I have no desire to dialogue with them. I dialogued with them, I had a hearing [April 1, 2013 at the Senate] and I dialogued with them in good faith. They did not do anything. The only thing they did was go back to what was already in place, which was your high school coach can release you.
Let me give you an example: Most high school athletes have so much respect and love for their alma mater. You know what? Try to search for ‘Mikee Bartolome’ on Twitter. I saw it and you know what it says under her name describing her? It says ‘Tomasian.’ She being a UST high school graduate. And then it also says, ‘UP Maroon.’ She’s also proud of being a UP Maroon. So why are we now trying to trivialize her loyalty to her high school and to her college? That is her choice. So what these people are trying to do now is to ensure that you do not transfer to any school. So I have no desire to dialogue with them.
JR: Alright thank you very much Senator. And we’re going to keep our eyes and our ears open for the latest developments…
SPSC: I think you should because people should know [that] before our very eyes, we are trampling on the rights of these students and these are our future leaders as well. So what are we teaching them? We talk about all these scandals, all these moral decay, well, we are teaching it to our child. In their faces.
CL: Thank you so much, Senator.
Full disclosure: All files were forwarded to me by my good friend and editor at InboundPass.com, Mr. Mike Abasolo. I believe that he, in turn, received the files (or most of them) from the office of Sen. Cayetano.
Supplementary Reading:
Bartolome wins gold but boycotts mar UAAP swimming
UAAP board: Swimmer Mikee Bartolome needs one year of residency
Court rejects UAAP-UST appeal on Bartolome
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1 Comment
Thank you, Sen Pia: for not letting go of the issue and following through with exposing the small minds inhabiting the UAAP board.May your tribe increase!!
Balas