PHILIPPINE Athletics Track and Field Association President Philip Ella Juico has invoked a provision in the Philippine Olympic Committee charter to redress his grievance with the Court of Arbitration for Sport after being declared by the Philippine Olympic Committee as persona non grata during its general assembly meeting last Jan. 26.
Named as respondents in the complaint to the international sports tribunal were the POC and pole vaulter Ernest John Obiena, who filed a harassment complaint against Juico with the POC Ethics Committee, led by rowing chief Pato Gregorio, last Nov. 18, 2021.
The complaint cited the POC’s breach of jurisdiction over the Obiena complaint, demanding its dismissal and for the withdrawal of the sanction against Juico.
Based on the recommendation of the POC Ethics Committee following its hearing on the matter, the POC Executive Board declared Juico persona non grata during its meeting on Dec. 28, an action that was upheld by the 36 POC regular members, or a simple majority, during its last general assembly meeting.
Juico had declined to join the proceedings of the Ethics Committee, invoking the autonomy of Patafa as the National Sports Association of the sport, which was upheld by World Athletics President Steve Coe in his letter to the athletic chief last Feb. 8.
A copy of the complaint obtained by Malaya-Business Insight showed that it had been received by CAS counsel Kendra Magraw last Feb. 25.
“We were told by the POC Ethics Committee during its initial clarificatory hearing that if we were satisfied with the decision we could go to the CAS, which is what we did,” Juico said yesterday after the POC Executive Board made his complaint public and questioned his motive for doing so. “This is in the POC constitution and by-laws”
POC President Rep. Abraham “Bambol” Tolentino questioned Juico’s action, saying this threatened to stymie a Senate-led effort for the parties to reconcile.
A former Philippine Sports Commission chairman and secretary of Agrarian Reforms, Juico cited the POC by-laws, particularly Article 3, Section 1, letter m, which states that:
“Any decision ratified by the POC General Assembly may be submitted by way of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland, which will resolve the dispute in accordance with the Code of Sports-related Arbitration.”
Notable in the same provision was that the POC, as the International Olympic Committee’s presence in the country, should act as “the final arbitrator of all intra-NSA conflicts as well as cases arising from or in connection with the Olympic Games.”
