With Senator Pia Cayetano's support, UP swimmer files residency complaint vs UST, UAAP board

(Updated 3:39pm) The legal battle against the new UAAP residency rule has begun.

Former high school swimming MVP Mikee Bartolome and her father Vic filed a legal complaint against the University of Santo Tomas and the UAAP board of directors on Wednesday, with regard to the collegiate athletics league's residency rules. The complaint was received by the Quezon City courts, and the hearings will begin on Monday, 2 pm, at RTC branch 226.

The complaint asks for three things. First, for a temporary restraining order (TRO) against the UAAP's two-year residency rule for graduates of UAAP high schools enrolling in a different UAAP college. Second, Bartolome's release from UST. And lastly, that the courts file a permanent injunction against the rule and declare its nullity, which would extend to all athletes currently subjected to this rule in the UAAP.

Senator Pia Cayetano, who organized a gathering to present the Bartolomes to the media, said she supported their efforts to challenge the rule. "It's her right as a student and as a child," Cayetano said. "I'm committed to supporting the right of this child to [choose where to] study and where she wants to live her dream."

[Related: Sen. Pia Cayetano decries high school residency rule]

Cayetano pledged earlier in April that she would offer assistance to any athletes affected by the new residency rule. However, she clarified that she herself had nothing to do with this particular complaint.

"I have nothing to do with the petition, I'm not the petitioner. I have nothing, it's just na tinulungan ko sila with their lawyers and the legal aspect because familiar ako [dito]," she said.

Bartolome, a freshman taking up sports science in UP Diliman, faces a very tight schedule. The league requires the swimming contingents to submit their final line-ups by September 4, with the competition taking place from September 19 to 22. But Cayetano is confident that at the very least, the TRO versus the rule can be issued soon.

"There's a good chance that a decision [regarding the TRO] will be made right away [on Monday]," she said.

According to the elder Bartolome, the family pursued all possible internal means before filing this complaint, but up to last week, the UST board representatives refused to sign the release papers. Since they were hopeful that the matter would be resolved internally, co-filing a suit with other athletes hamstrung by the new rule, including Ateneo's men's basketball recruit, Jerie Pingoy, formerly of FEU high school, was not part of Vic's considerations.

"Last April, we tried [to secure a release]. Kung bibigyan ka ng release, pwede ka nang maglaro. But unfortunately, hindi inapprove-han," said Vic. "Honestly, we respect UST, so ayaw namin pangunahan. Hinabol lang talaga 'to."

The league had made a slight adjument to the new rule following the April hearing, allowing student-athletes to seek a release from their high school, in order to play immediately. However, said releases are still at the discretion of the high school, which is why UST is included in the complaint.

As a father, Vic said he only wanted to support his daughter's dreams. "Ang hiling lang namin is makapaglaro ang anak ko," he said. "Wala naman akong ibang gustong mangyari kung hindi ma-fulfill ang dream ng anak ko, not only in terms of education but pati yung mga hilig niya, [including] swimming.

"We don't think na may masama kaming magagawa dito kung mamimili kami ng school," he added.

He reiterated that their family had invested also in his daughter as much as UST had, including paying for a private coach and access to a private pool for his daughter during high school. "Sa akin, meron din namang ininvest ang UST. Ang scholarship, ang tuition, but after that, wala na."

Bartolome, who holds the record for the 50-meter women's backstroke, was hotly recruited after her senior year. But she chose to prioritize her studies at UP over other universities.

"Noong binigyan ako ng offers noong high school, first things first. Dream school ko ang UP. Kung i-offer ka naman ng UP, kahit walang kapalit, okay na," she said.

This year, the women's team is gunning for their fifth consecutive championship, and understandably, Bartolome hopes to be part of the team that makes history.

"Kung makalangoy ako ngayon, iba rin yung feeling na makakasama ako, if ever, ng five-peat championship namin," she said.

Later in the day, the UAAP responded through a statement saying that they "would be respecting the steps undertaken by the swimmer's father and [will] honor the orders of the court." - AMD, GMA News