THE astronomical windfall in funds that the Philippine Sports Commission is poised to receive soon should be safeguarded and protected, especially from “corrupt and greedy” sports leaders, so they can be channeled properly to athletes and sound sports programs, according to Rain or Shine coach and former lawmaker Yeng Guiao.
“The challenge here is how to safeguard and protect these huge amounts from some corrupt and greedy sports leaders that should go directly to our athletes and programs,” said Guiao, who has won an eight-year legal battle with the Philippine Amusement and Gaming Corp. and the Philippine Charity Sweepstakes Office at the Supreme Court to remit the right income to the PSC under the law.
“My general estimate is that the total accrued amount since 1993 is now about P25 billion,” Guiao said. “Sayang naman kung mapupunta ‘yang pera na pinaghirapan natin sa mga corrupt sports leaders lang.”
As the former congressman of Pampanga’s First District and vice chairman of the House Sports and Youth Development Committee, Guiao filed a case before the Supreme Court in 2016 for a writ of mandamus demanding the two agencies to transfer the fund based on Republic Act 6847, the law creating the PSC, of 1990.
During the term of the late President Fidel V. Ramos, the five percent income was reduced to two percent by his executive act in 1992 while the PCSO stopped remitting 30 percent from six lottery sales in 2006, which should have gone directly to the PSC’s National Sports Development Fund.
In a decision penned by Senior Associate Justice Marvic Leonen issued last May 28, the Supreme Court ruled in favor of Guiao, maintaining that “given both respondents’ patent violations of Section 26 of Republic Act No. 6847 to the detriment of all athletes and even the youth of our country, this Court finds it proper to grant the instant petition for Mandamus.
“The Philippine Sports Commission’s funding directly affects the advancement of the nation’s sports programs, our athletes’ ability to progress in the international forum, and the development of our youth. Given the significant role of sports in nation-building, petitioner’s direct resort to this Court through this instant Petition for Mandamus is justified.
“The Philippine Amusement and Gaming Corporation is ordered to account and remit the full amount of 5% of its gross income per annum, after deduction of its 5Yo franchise tax, from 1993 to present in favor of the Philippine Sports Commission,” the decision said.
“Moreover, respondent Philippine Charity Sweepstakes Office is ordered to account and remit to the Philippine Sports Commission the 30 percent representing the charity fund of the proceeds of six sweepstakes or lottery draw per annum, including its lotto draws, for the years 2006 to the present,” the SC stressed.
“Akala ko nga nalimutan na. Matiyaga ang lawyer ko na si Jun Guzman. Our hat’s off to him,” Guiao said of the landmark decision, adding the OSC should press Pagcor and the PCSO to begin remitting the right income to the government sports agency based on the SC’s decision immediately.
“Bahala na ang PSC and chairman Dickie (Richard Bachmann) to demand the PAGCOR and the PCSO to begin remitting the proper amount immediately or as soon as possible based on the SC’s decision,” the former Gilas Pilipinas mentor pointed out.
Guiao said he informed Bachmann right away once the SC decision was announced last week “and he (Bachmann) was thankful and delighted about the development.”
He said that while PAGCOR and PCSO could appeal the decision, “mahihirapan silang i-overturn ‘yun considering that it was a unanimous verdict by the Supreme Court” led by Chief Justice Alexander Gesmundo and the 14 other Justices.
The Rain or Shine tactician acknowledged that both agencies might not be able to turn over the funds dating back years in lump sums right away “so I expect there will be negotiations and discussions on how to fulfill their obligations on installment over (a) period of years.”
Grateful for the SC’s move, Guiao said he is no longer interested in going back into politics but would monitor closely how these funds would be spent as a private citizen.
“We are happy with this legacy for the good of Philippine sports and our athletes. But we will be on the lookout as a private citizen on how this hard-won funds are spent properly and not wasted,” he said.
