11 May 2009
COUNT JACQUES ROGGE
President
International Olympic Committee
Chateau de Vidy
1007 Lausanne, Switzerland
Dear Mr. President:
Greetings from Manila and the Philippines!
We are writing you on behalf of our national sports associations (NSAs) in the Philippines to formally file a complaint against the Philippine Olympic Committee (POC) leadership for violations of the Olympic Charter and abusive actions against our associations, and to seek redress under the prescribed rules and organs provided by the Olympic Movement.
The situation now prevailing within our national Olympic committee could not be more detrimental to Philippine sports. For several years now, the POC president Jose Cojuangco Jr. and the POC Executive Board have systematically violated the Olympic and POC Charters, to say nothing of Philippine laws, by brazenly interfering in the electoral processes of NSAs here in our country, disregarding their autonomy and rights, and disenfranchising members of our associations. They have justified these actions as derived from a mandate supposedly given by the IOC, which we have found, however, to be either non-existent or a distortion of what is explicitly provided.
On 6 May 2009, our NSAs collectively issued a “Declaration of Solidarity and Concern for Philippine Sports”, copy of which is attached, in order to focus national attention on the state of affairs in the governance of Philippine sports and to start the process of reform in our country. With this letter, we now take the matter to the international level for appropriate action.
In summary, we cite the POC leadership for the following offenses and abuses:
1. Interfering in the electoral processes of NSAs as prescribed by our respective constitutions and by-laws by (a) denying POC recognition to our duly elected boards and officers, (b) ordering in some NSAs the conduct of elections using old voters’ lists in order to seat individuals whom it favors, and (c) stalling in others the calling of elections in order to prevent the unseating of officers whom it favors.
2. Misusing and perverting the POC’s function to arbitrate internal NSA disputes in order to inflict its will on the NSAs and in total disregard of the rule that arbitration decisions must be submitted to the POC General Assembly for ratification and that the arbitration process must be fair and independent.
3. Maintaining a POC Executive Board that does not meet the charter requirement that the majority of its members must represent NSAs recognized by their international federations governing sports included in the Olympic program, and retaining as directors and officers individuals who have been voted out by their respective NSAs.
These irregularities have occurred because the POC General Assembly has been systematically by-passed or prevented from acting on these issues as the supreme authority of sports in our country.
I. Interfering in NSA Elections
To specify the acts of interference in the internal affairs of our NSAs by the POC leadership, we cite the following:
1. ARCHERY
On January 24, 2006, Dr. Lenora Fe S. Brawner submitted her “irrevocable” resignation as president of the National Archery Association of the Philippines (NAAP). In October 2008, Councilor Renato Bartolome was elected as president. This was communicated to the POC, but the latter insisted that it would still recognize Dr. Brawner as president. NAAP’s Board of Trustees, members and athletes signed a manifesto supporting the election of Councilor Bartolome, repudiating Dr. Brawner’s leadership and denouncing POC’s interference as in violation of Philippine laws, the Olympic Charter and the POC Charter. Despite this, the POC insisted in recognizing Dr. Brawner not only as president, but as NAAP’s representative to the General Assembly. It also recognizes Ms. Teresa Lim as acting secretary-general although she was not elected as such by the Board of Trustees. Not surprisingly, Dr. Brawner voted for Cojuangco in the POC elections in November 2008.
2. CYCLING
In a direct challenge to the duly elected leadership of the Integrated Cycling Federation of the Philippines (ICFP), the POC board supported an illegal election called by disgruntled members in December 2008 at the Amoranto Velodrome in Quezon City on the same day that the ICFP was holding its board meeting in Tagaytay City. The organization did not take it lying down, however. Despite a POC directive not to proceed, the ICFP held its elections in January 2009, and installed as president Mayor Abraham Tolentino of
3. SWIMMING
In 2004, during the first year of Mr. Cojuangco’s first term as POC president, the POC installed Mr. Mark Joseph as the provisional head of the Philippine Amateur Swimming Association (PASA) despite the fact that he was not a PASA member or a regional director, and was only a technical official. Joseph got the nod with the proviso that he would conduct regional elections in some regions and afterwards an election of PASA board of directors that would then choose a new PASA leader.
No PASA elections have been held since despite the provision for yearly elections in the by-laws. Association members have been clamoring for elections to no avail.
4. DRAGON BOAT
Because they could not win its support, Mr. Cojuangco and the POC board have sought to downgrade the status of the Philippine Dragon Boat Association (PBDA) from voting member to non-voting member – on the flimsy ground that the sport is one of the disciplines of the International Canoe-Kayak Federation (ICF). The issue had earlier been discussed and rejected by the POC board during the first term of Mr. Cojuangco because of the support for the PBDA by the International Dragon Boat Federation (IDBF), the General Association of International Sports Federations (GAISF), the Olympic Council of Asia (OCA) and the SEA Games Federation (SEAGF). But the issue has now been revived by the POC board in order to take away a vote against Mr. Cojuangco. The matter is unresolved to this date.
5. BADMINTON
The legitimate leadership of the Philippine Badminton Association (PBA) is under challenge by a breakaway faction because of the interference of the POC leadership. In September 2008, prior to the POC elections, one faction headed by former national coach Erroll Chan called for a special general membership meeting and conducted an election to replace PBA president Mrs. Amelita Ramos. She contended that the voting was illegal because her two-year term had yet to end in 2009. In November 2008, Mrs. Ramos informed the POC that the PBA would hold its elections in January 2009, and submitted the required election documents. The POC did not give approval, but the elections proceeded without a POC representative present. Eighteen of the 29 registered voters voted in favor of Mrs. Ramos. The election was witnessed by Philippine Sports Commission Chairman Harry Angping, Mr. Eric Loritizo representing POC chairman Monico Fuentebella, and Mr. Go Teng Kok of POC. Mr. Chan and his group continue to contest this election. It is noteworthy that in the January 2007 PBA election wherein Mrs. Ramos was unanimously reelected as president, it was agreed by the general membership present, including Mr. Chan, that the next election be held on January 31, 2009 (two years after).
6. BOWLING
In a bid to save the NSA presidency of POC secretary general Steve Hontiveros, the POC issued a directive that the scheduled elections of the Philippine Bowling Congress (PBC) in January 2009 be postponed on the grounds that its membership list should first be cleared and its charter should be patterned after the Samahang Basketbol ng Pilipinas. The POC succeeded in derailing the vote. But in March 2009, the PBC conducted its election anyway, and installed Mr. Mariano Tamayo as president and Ms. Olivia Bong Coo as secretary-general. The POC board has urged Mr. Hontiveros to contest the validity of the election, but he seems personally weary of the controversy. Meanwhile, Mr. Hontiveros continues to serve as POC secretary-general and member of the POC board without representing an NSA.
7. WUSHU
In elections held in October 2008, just before the POC elections in November, POC treasurer Julian Camacho lost his post as president of the Wushu Federation of the Philippines (WFP). The new board, however, allowed him to cast the vote for the federation in the POC elections, which he thereafter cast for Mr. Cojuangco. After the elections, Mr. Camacho refused to relinquish his post on the advice of the POC leadership. The board now insists that Mr. Camacho is still Wushu president and that WFP should amend its charter to allow him to remain. The WFP board and members are loudly protesting the actions of the POC. Mr. Camacho held his own election on April 25, 2009 after creating a new board of directors. Disregarding the original list of members, they voted for a new president and Mr. Camacho appointed himself as secretary-general. All the athletes, majority of the members and chapters do not support the new board and officers created by Mr. Camacho and the POC.
8. BILLIARDS
In November 2008, the Billiards & Snooker Congress of the Philippines (BSCP) notified the POC that it would hold its elections on December 5, 2008. But the POC secretary-general asked that the elections be deferred because of certain documentary requirements. When the BSCP completed the documents and reset the elections to April 29, 2009, the POC board declared that it was recognizing a splinter group’s call for a March 31 election, and mandated the use of a 2005 voting list in the election, instead of the BSCP membership lists for 2006, 2007, 2008 and 2009. In this way, Mr. Arturo Ilagan, who tendered his “irrevocable” resignation from the BSCP on January 31, 2008 was installed as president. The legality of the March 31 election is now before the courts. Meanwhile, the BSCP held its General Membership Meeting and Board Elections on April 29, 2009, without a POC representative present. It elected Mr. Sebastian Chua as the new president.
9. EQUESTRIAN
In Mr. Cojuangco’s own sports association, the Equestrian Association of the Philippines (EAP), the POC president abruptly called off the membership meeting and board elections set for March 31, 2009 – upon learning that he would be challenged for its leadership and faced certain defeat. He declared that the election announcement was a secretarial mistake, and that the EAP’s by-laws did not require elections until the year 2012. A majority of members contend that the by-laws clearly call for elections to be held on March 31, 2009, and that the provision for a four-year term would only apply to directors and officers elected then. After the elections failed to take place on the date prescribed in the by-laws, the members petitioned for a special membership meeting and elections, a measure provided for in the EAP’s by-laws. The POC chief fought the initiative with every weapon in his arsenal – including having certain members stricken from the voters’ list and declaring the elections illegal. But the protesting group proceeded with the elections on April 23, 2009 and elected Rep. Carissa Coscolluela as the new president of EAP.
10. WRESTLING
The Wrestling Association of the Philippines (WAP) wrote the POC leadership of its intent to its national council meeting and election on December 19, 2008. The POC declined to send a representative; instead, it requested on December 15, 2008 that WAP defer the election. The Council met and decided in good faith to defer the elections, but arrived at a unanimous resolution to retain the incumbent officials.
On April 4, 2009, a national council meeting and election was illegally called by Mr. Albert Balde, auditor of the association. The WAP constitution and by-laws do not authorize an auditor to call for a meeting, much more an election. WAP President Vincent Piccio met with Mr. Cojuangco to protest the election as a gross violation of the constitution -- to no avail. The POC sent a representative to the April 19, 2005 election, and conferred recognition on the illegally elected officers.
From the above, it is plain that there is a pattern of systematic manipulation of elections and disenfranchisement of members in the actions of the POC leadership. This has occurred for one reason alone: Mr. Cojuangco and the POC board have committed them in order to secure the POC presidency and control of our national Olympic committee. The affected NSAs all happened to be non-supporters of Mr. Cojuangco in the last POC elections in November 2008.
II. Misuse of Arbitration Power
Mr. Cojuangco and the POC Executive Board have been carrying out their agenda of interference in the internal affairs of our NSAs by invoking the POC’s function as final arbiter of internal NSA conflicts and disputes. But they are doing so in a way that distorts the specific provision in the POC constitution and by-laws, and ignores the IOC guidelines for the resolution of disputes.
The specific provision in the POC charter reads:
POC Charter - Article 3, Section 1m – POC Functions
It shall act as the final arbiter in intra-NSA conflicts and disputes, as well as, cases arising from or in connection with the Olympic Games or any form of doping offense in the case the same cannot be settled or resolved with the NSA’s processes and procedures. Any decision ratified by the POC General Assembly may be submitted exclusively by way of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland, which will resolve the dispute in accordance with the Code of Sports-Related Arbitration. The time limit for appeal is twenty-one (21) days after the reception of the decision concerning the appeal.
Significantly, however, not a single arbitration decision made by the POC board has been submitted to and ratified by the POC General Assembly. The decisions of its arbitration panel are treated as final and immediately executed. It has proceeded with impunity to inflict its will on the NSAs, commanding the use of old voters’ lists, mandating elections when convenient, and denying recognition to elected officials when it suits its purposes.
When the POC submitted its proposed Constitution and By-Laws to the IOC on 7 April 2008, the IOC NOC Relations Department issued an extensive comment on the arbitration provision. It recommended (a) that a specific disciplinary/mediation/conciliation/arbitration body be set up; (b) that such organ for arbitration would be “independent and neutral in its functioning, operations and decisions”; (c) that any resolution or measure affecting a national federation should be undertaken in coordination with the international federation concerned; and (d) that the POC should determine what level of decision can be submitted for appeal to the Court of Arbitration for Sport in Lausanne, Switzerland.
No such arbitration body or system has been set up by the POC. Instead, it came up with a resolution that it surreptitiously included as part of the President’s Report in the January 24, 2007 meeting of the POC General Assembly. According to this resolution, on the pretext that an NSA cannot resolve an internal dispute, the POC board can invoke its authority to arbitrate and interfere in the affairs of the association. This resolution was not tabled, debated or approved properly by the POC General Assembly.
We are therefore faced with an arbitration process that is arbitrary and unfair, and not in conformity with the principles of fair play and respect enshrined in the Olympic Charter.
III. Invalid Representation in the POC Board
The POC Executive Board, as constituted at present, does not satisfy the requirements of both the Olympic and the POC Charters that the voting majority in the board shall consist of the representatives of national associations or federations affiliated to the International Federations included in the program of the Olympic Games.
The specific provisions are as follows:
Olympic Charter - Article 29, Section 3 – Composition of the NOC’s
The voting majority of an NOC and its executive body shall consist of the votes cast by the national federations affiliated to the IFs governing sports included in the programme of the Olympic Games or their representatives...
POC Charter - Article 5, Section 1i - NSA
Each NSA shall have the following functions and duties:
1I. To designate one official representative to the POC General Assembly. Such official representative shall either be the President, the Secretary General, or a Vice-President of the NSA duly authorized by the President in writing and attested to by the Secretary General.
POC Charter - Article 8, Sections 1, 2 – Executive Board
Unless otherwise provided in these By-Laws, the powers, functions of the POC shall be exercised, all business conducted and all property controlled and held by the Executive Board, which shall be composed of the following, provided, that the majority thereof shall be representatives of NSAs affiliated to an IF governing a sport included in the Olympic Program.
The Executive Board shall hold meetings at least once a month. It can validly act only if the majority of its members are present, which in no case shall be less than seven (7). The voting majority of the Executive Board shall consist of the votes cast by representatives of the NSA affiliated to the International Federations governing sports included in the programme of the Olympic Games.
In its composition today, the POC Executive Board can count on only two members as properly representing an Olympic sport – the representatives of weightlifting and judo, Messrs. Monico Fuentebella and David Carter. Mr. Stephen Hontiveros, secretary-general, was voted out as president of the bowling association. Mr. Cojuangco’s leadership of the equestrian association has been placed in limbo by the recent election called by the majority of members as prescribed by its constitution and by-laws, which elected Rep. Carissa Coscolluela as president. Messrs. Manuel Lopez, Mark Joseph, and Ms. Lenora Brawner are not the authorized representatives of their NSAs.
Yet it is this same board that has been committing so many arbitrary acts against our NSAs, including infringing on our autonomy, manipulating our electoral processes, and preventing our proper representation in the POC General Assembly.
Appeal
You will probably wonder why we are directly appealing to you when the IOC has a representative in the POC board in the person of Mr. Frank Elizalde. We will only say in reply that Mr. Elizalde has not exhibited the slightest interest in the plight of the aggrieved NSAs or the issues we are raising, let alone in correcting the abuses committed. To us, he is part of the problem, not part of the solution.
We also have no recourse to any organ within the POC that can hear this complaint which we are making. As things are now, with its Constitution and By-laws and its registration with the Philippine government barely a year old, the POC has not yet constituted the organs and procedures for investigating and adjudicating complaints. And we gravely doubt whether the present POC leadership can establish a fair and independent ethics commission.
For all these reasons therefore, and for the irregular acts specifically committed against our associations, we are constrained to appeal directly to the IOC, and its appropriate organs for adjudicating complaints, to conduct an investigation of our complaint against the POC leadership.
We submit that the POC leadership has arrogated powers that it does not have and should not have under the Olympic charter, the POC charter and Philippine laws, and that the fruits of its arbitrary actions should not be allowed to stand.
We believe that the POC leadership by its arbitrary acts against our NSAs has violated the basic principles of the Olympic Charter, which says that “rights and obligations are reciprocal” and relations collegial among the different groups comprising the Olympic Movement, and that the principle of fair play and respect must govern the actions of all.
And we stand ready to present our case in person before the IOC if so desired.
With assurances of our highest consideration, we are
Respectfully yours,
| [SGD] AMELITA M. RAMOS President Philippine Badminton Association | [SGD] MA. CARISSA O. COSCOLLUELA President Equestrian Association of the Philippines |
| [SGD] EDWIN PIMENTEL Secretary General Wushu Federation Philippines | [SGD] RENATO R. BARTOLOME President National Archery Association of the Philippines |
| [SGD] JANE S. ONG Director Save PASA Movement Swimming | [SGD] ABRAHAM TOLENTINO President Integrated Cycling Federation of the Philippines |
| [SGD] JETRO F. LOZADA Secretary-General & Treasurer Wrestling Association of the Philippines | [SGD] YEN MAKABENTA Chairman Billiards & Snooker Congress of the Philippines |
| [SGD] MARCIA CRISTOBAL President Philippine Dragon Boat Federation | |
