THE LEGAL counsel of the University of Santo Tomas has defended the school’s decision not to “release” its former athletes who opted to play for another school in the University Athletic Association of the Philippines (UAAP).
Nilo Divina, who is also dean of the Faculty of Civil Law, said the move was consistent with the league’s two-year residency rule, which requires a “release form” before an “incoming collegiate athlete” could wear the uniform of a rival varsity squad.
“The only reason why UST did not issue the release document is not because we’re bitter, but because we are governed by the rules of UAAP,” he said.
“For us to issue that release, it would open floodgates to similar requests, thereby circumventing the rationale behind this [two-year residency] rule.”
In a statement release before the start of the current season, the UAAP board said: “An incoming collegiate athlete who is a high school graduate from a UAAP member university and enrolled prior in another member university shall take a mandatory two-year residency, except when a prior release is issued by the member university for the athlete concerned.”
”The release form shall be duly signed by any UAAP board member of the member university concerned,” it added.
Last Aug. 28, the camp of Anna Dominique “Mikee” Bartolome, a two-time UAAP juniors MVP while playing for UST now enrolled at the University of the Philippines, asked the court to issue a temporary restraining order on the residency rule.
Quezon City Judge Manuel Sta. Cruz Jr. granted her prayer a week later, allowing her to compete in the UAAP swimming competition setat Trace College Aquatic Center in Los Baños, Laguna from Sept. 19 to 22.
Divina said the granting of the TRO might hamper the objective of the residency rule, which was to “curb athlete piracy.”
“The rationale of this rule is to stop universities with more resources to pirate star players from other universities. If there’s no such rule, all they [other universities] have to do is make them an offer. It’s very difficult to say no to a very good offer,” he said.
Divina added: “You can always participate in any competition, but in UAAP, there are terms. If you want to join [the competition], you have to follow [the rules].”
More than preventing schools from “pirating” top athletes from another UAAP team, Bartolome said she felt that the two-year residency rule was meant to keep athletes from pursuing their career elsewhere.
“It was time to fight, to tell [the UAAP] to give athletes the freedom to play their sport, their passion,” she told the Varsitarian.
In issuing a 20-day TRO, Sta. Cruz said it was “sad to note that an excellent athlete as the petitioner shall be denied the right to participate in competitions where she can fully exercise her talent and bring honor and medals to her team just because of the two-year residency rule.”
“In so doing, her growth as an athlete would be stunted and her momentum diminished,” the judge added.
Divina said the “heavy publicity” generated by the Bartolome, as a result of the support given by no less than Sen. Pia Cayetano, might have “influenced” the court decision.
“We feel that the RTC [regional trial court] may have been influenced by these media reports, but we intend to elevate it this way. It looks like there’s been a pre-judgment because he [judge Sta. Cruz] has shown some leanings in favor of the plaintiff,” he said.
Fr. Ermito de Sagon, O.P., director of the Institute of Physical Education and Athletics, declined to comment on the issue. Ralph Joshua DR. Hernandez and Nikka Lavinia G. Valenzuela
