c0okie_m0nster
Aug 23, 2007, 10:56 AM
Court allows San Beda cager to play NCAA games
By Allison Lopez
Inquirer
Last updated 07:26pm (Mla time) 08/22/2007
MANILA, Philippines -- The Manila Regional Trial Court temporarily lifted for 72 hours starting Wednesday a ban on San Beda College’s basketball player from playing the remaining games at the National Collegiate Athletic Association (NCAA) for the season.
Executive Judge Reynaldo Ros of Branch 33 gave the reprieve to San Beda College Red Lions' captain Yousif Aljamal Jr., the 6'4" forward, after he was disqualified by the NCAA's management committee (Mancom) for not securing the league's permission before joining the PBA Rookie draft, in a decision released on Tuesday.
Ros granted a petition with an urgent prayer for temporary restraining order (TRO) filed Wednesday morning by SBC and Aljamal, three hours before the 2 p.m. match between the Lions and host school Jose Rizal University.
The petition called the Mancom penalty suspending the Bedans' key player "severe," and said there was "no provision or regulation" cited in the decision as the one he supposedly violated.
It said the Mancom, chaired by JRU athletics director Efren Supan this season, also faulted Aljamal for participating in "other basketball games."
It was alluding to the three-day PBA Rookie Camp on August 14-17 which, the petition claimed, was not covered by the NCAA's constitution and by-laws since it was not a "sports contest, league or tournament" where the common element was "to win or succeed."
Aljamal and his lawyer argued that he "has not been offered any contract or agreement by the team that drafted him, nor participated in any workout or practice session with Air 21," the PBA team that picked the Bedan in the first round.
With an 8-1 win-loss slate, the Red Lions were already assured of a slot in the Final Four, and Aljamal, who was playing his final season, was deemed a crucial player in bringing the school a back-to-back championship win.
But Aljamal’s petition claimed this campaign was "unceremoniously cut short by the hasty, arbitrary, vague and baseless decision of the NCAA Mancom."
The document also emphasized that the one-page letter was received by Aljamal only a day before the JRU game, despite being dated on August 8.
"The proximity of the issuance and service of the notice to the August 22 game of SBC and JRU even shows that the Mancom purposely devised the scheme to deprive SBC and Aljamal any opportunity to vent their side and altogether deprive Aljamal of his right to participate in said game."
The Mancom did not issue a previous notice to the SBC and Aljamal for the alleged infractions the player made, it said.
Aside from the 72-hour TRO, the petitioners asked that it be extended to 20 days while the case for preliminary injunction was being heard by the court.
The petitioners also requested the court to declare the Mancom decision "null and void," and to order the NCAA to pay the petitioners "P500,000 in litigation expenses, attorney's fees and costs."
The civil case was raffled Wednesday afternoon to the Judge Rosario Cruzof Branch 173.
By Allison Lopez
Inquirer
Last updated 07:26pm (Mla time) 08/22/2007
MANILA, Philippines -- The Manila Regional Trial Court temporarily lifted for 72 hours starting Wednesday a ban on San Beda College’s basketball player from playing the remaining games at the National Collegiate Athletic Association (NCAA) for the season.
Executive Judge Reynaldo Ros of Branch 33 gave the reprieve to San Beda College Red Lions' captain Yousif Aljamal Jr., the 6'4" forward, after he was disqualified by the NCAA's management committee (Mancom) for not securing the league's permission before joining the PBA Rookie draft, in a decision released on Tuesday.
Ros granted a petition with an urgent prayer for temporary restraining order (TRO) filed Wednesday morning by SBC and Aljamal, three hours before the 2 p.m. match between the Lions and host school Jose Rizal University.
The petition called the Mancom penalty suspending the Bedans' key player "severe," and said there was "no provision or regulation" cited in the decision as the one he supposedly violated.
It said the Mancom, chaired by JRU athletics director Efren Supan this season, also faulted Aljamal for participating in "other basketball games."
It was alluding to the three-day PBA Rookie Camp on August 14-17 which, the petition claimed, was not covered by the NCAA's constitution and by-laws since it was not a "sports contest, league or tournament" where the common element was "to win or succeed."
Aljamal and his lawyer argued that he "has not been offered any contract or agreement by the team that drafted him, nor participated in any workout or practice session with Air 21," the PBA team that picked the Bedan in the first round.
With an 8-1 win-loss slate, the Red Lions were already assured of a slot in the Final Four, and Aljamal, who was playing his final season, was deemed a crucial player in bringing the school a back-to-back championship win.
But Aljamal’s petition claimed this campaign was "unceremoniously cut short by the hasty, arbitrary, vague and baseless decision of the NCAA Mancom."
The document also emphasized that the one-page letter was received by Aljamal only a day before the JRU game, despite being dated on August 8.
"The proximity of the issuance and service of the notice to the August 22 game of SBC and JRU even shows that the Mancom purposely devised the scheme to deprive SBC and Aljamal any opportunity to vent their side and altogether deprive Aljamal of his right to participate in said game."
The Mancom did not issue a previous notice to the SBC and Aljamal for the alleged infractions the player made, it said.
Aside from the 72-hour TRO, the petitioners asked that it be extended to 20 days while the case for preliminary injunction was being heard by the court.
The petitioners also requested the court to declare the Mancom decision "null and void," and to order the NCAA to pay the petitioners "P500,000 in litigation expenses, attorney's fees and costs."
The civil case was raffled Wednesday afternoon to the Judge Rosario Cruzof Branch 173.