RICKY Vargas has formally sought a Temporary Restraining Order (TRO) against the holding of the Philippine Olympic Committee elections on November 25 until the controversy surrounding his disqualification is resolved.
Spokesperson Atty. Chito Salud confirmed Vargas has formally filed a complaint on Friday before the Pasig Regional Trial Court, contesting his disqualification as candidate against three-term POC president Jose 'Peping Cojuangco.
Vargas is also asking the court to declare him eligible candidate for the POC elections, saying he was deprived of due process when he was declared ineligible by the national Olympic body’s election committee.
Vargas was disqualified to run against Cojuangco for failing to meet the requirements of an “active member,” interpreted by the POC election committee as the constant presence of the person in general assembly meetings.
“Mr. Vargas was deprived of due process when the election committee disqualified him without any formal objection from a POC member and without due notice. Add to this the simplistic and myopic interpretation applied by the election committee to an indistinct eligibility requirement,” said Salud.
“We are advancing strong grounds for a favorable ruling by the court,” added the former PBA commissioner.
The Vargas camp claimed the election committee violated its own guidelines as his disqualification was not without a formal protest from any member-national sports association of the POC.
Morerover, Vargas added the election committee imposed an eligibility requirement that is not part of the POC by-laws and the term “active member” is vague.
“We're asking the court to rule on the proper interpretation of active membership by harmonizing it with the relevant provisions of the by-laws,” said Salud.
Incidentally, Vargas was present when the POC presented the candidates for the elections on Friday at the Philsports complex, although he didn’t speak during the proceedings.