THE Court of Appeals (CA) has granted the petition filed by the group of Misamis Oriental Gov. Oscar Moreno and businessman Manuel Pangilinan seeking to enjoin the group of Camarines Sur Rep. Luis Villafuerte from taking over the leadership of the Basketball Association of the Philippines-Samahang Basketbol ng Pilipinas (BAP-SBP).

In a three-page resolution penned by Associate Justice Juan Enriquez, the CA Special Eleventh Division issued a 60-day temporary restraining order (TRO) stopping the Regional Trial Court (RTC) in Manila from implementing its order issued on September 3 declaring that Villafuerte’s group has the rightful claim to take control of the BAP-SBP.

Judge Antonio Eugenio Jr. held that the June 12, 2008, convention called by the SBP faction led by Moreno and Pangilinan was null and void.

The RTC in Manila declared as valid the June 4, 2008, National Congress which was attended by majority of the stakeholders who elected former Rep. Prospero Pichay as BAP-SBP president and Villafuerte as chair.

“To preserve, the status quo and so as not to render ineffectual and nugatory the judgment that will be rendered in this petition, a temporary restraining order valid for 60 days is hereby issued enjoining respondents and all persons acting for them and on their behalf, from or under their instructions, from executing, enforcing, implementing or otherwise giving effect to the assailed decision dated September 3, 2008 rendered by the Regional Trial Court of Manila, Branch 24,” the resolution said.

Concurring with the ruling were Associate Justices Isaias Dicdican and Monina Arevalo-Zenarosa.

The CA also directed the respondents—Villafuerte, Pichay, Wilson Young, Christian Tan, Teresita Abundo, Tony Fabico, Bonifacio Alentajan, Rizalita Delmoro, Godofredo Gallega, Manny Gatchalian, Carmen Pador, Celestino Martinez, Douglas Cagas, Rey Baula, Angelito Alvarez, Antonio Ituralde, Alexander Wang, Yul Benosa, Elbert Atilano, Lorenzo Sy, Edward Chua, Vivian Manila and Leoncio Chua—to show cause in writing within 10 days why a writ of preliminary injunction should not be issued in favor of the petitioners.

Besides Moreno and Pangilinan, the other petitioners include Marievic Ramos-Añonuevo, Jose Capistrano, Pedro Alfaro Jr., Bernardo Gabriel Atienza, Jose Emmanuel Eala, Fernando Lozano, Fr. Paul de Vera, Nicanor Fortich Jorge, Daniel Danilo Soria and Nathaniel Padilla.

The appellate court has also directed the respondents to file their comment on the petition within 10 days.

The controversy arose following the June 12, 2008, election initiated by the SBP faction where Pangilinan was elected as BAP-SBP president and Moreno as chairman.

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THE Court of Appeals (CA) has granted the petition filed by the group of Misamis Oriental Gov. Oscar Moreno and businessman Manuel Pangilinan seeking to enjoin the group of Camarines Sur Rep. Luis Villafuerte from taking over the leadership of the Basketball Association of the Philippines-Samahang Basketbol ng Pilipinas (BAP-SBP).

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