BILANG unang hakbang ay nagsumite ng kanyang motion for reconsideration ang nadiskuwalipika na tumatakbo bilang pangulo ng Philippine Olympic Committee (POC) na si Victorico “Ricky” Vargas kahapon upang baliktarin ang naging desisyon ng binuong election committee na siyang mamamahala sa eleksiyon ng pribadong organisasyon sa Nobyembre 25.
Base sa ipinadalang pahayag ukol sa motion for reconsideration may may petsang Oktubre 28, 2016 ay naniniwala si Vargas na ang desisyon ng election committee na idiskuwalipika siya bilang POC president “is flawed and defective for lack of due process, both procedural and substantive. It must be reversed.”
“First, the decision was made without any objection or opposition from a known third party. Second, it was hastily rendered without the basic requisite hearing having been accorded to Mr. Vargas,” ayon sa sulat.
“Third, while the disqualification was made public via a verbal declaration, no written resolution has to date been issued by the election committee specifying and explaining the grounds for the exclusion. Fourth, without such written ineligibility order, the decision is deemed to be based on a myopic and unsubstantiated interpretation of the words “active member” in the POC general assembly,” sabi pa sa pahayag.
“‘Active member’ is at best a nebulous eligibility requirement that has been left undefined by a clear-cut set of parameters and criteria in the POC by-laws,” pahayag ni Vargas.
Kinuwestiyon din ni Vargas ang paglilimita ng tatlo kataong komite hinggil sa kahulugan ng salitang “active”.
“The election committee, however, chose to limit the meaning and measure of a member’s activity solely to attendance and physical presence at the general assembly. This is deficient. Active membership is more than attendance. Physical presence at the general assembly does not equate to active participation.”
“The arbitrary and whimsical interpretation applied by the election committee unjustly prejudices the substantive rights of the ABAP and Ricky Vargas. It is too simplistic. In the end, it is our athletes and NSAs who shall invariably be deprived of their right to a free and fair democratic exercise in hopes of reinvigorating Philippine sports.”