Saturday, February 04, 2012

CFA statement on Springdale's default

(Below is a photo of the two-page CFA letter addressed to Springdale explaining the decision to default the team)


Anonymous said...

The issues on the pronouncement of sanction imposed by CFA on Ceniza and Springdale:

1. The head of the CFA Disciplinary Committee is CFA President, Richard Montayre. FIFA’s DISCIPLINARY CODE and the PFF BYLAWS mandates that members of the judicial bodies may not belong to any other body of PFF in the national level, CFA --- in the local level). (PFF Article 22 paragraph 4 FIFA Article 58 paragraph 1). This provision ensures that the judicial bodies decisions are passed are independently. In short members of the judicial bodies are not qualified if they are members of the Executive Board/BOG, Standing Committee or any other body of that association.

More, the FIFA Statutes (FIFA Article 58 paragraph 1) and PFF Bylaws (Article 23 paragraph 1) mandates that the Chairman of the Disciplinary Committee must have legal qualifications.

Therefore, Mr. Montayre being President of CFA and a member of the CFA Board of Governors (Executive Committee) is not eligible and qualified to be chairman or a member of the CFA Disciplinary Committee. In addition, Mr. Montayre is also a member of the PFF Board of Governors. He likewise has no legal qualification.

All FIFA member associations are compelled to comply fully with the FIFA Statutes (FIFA Statutes Article 13) and all members of PFF are compelled to comply with the PFF Bylaws and FIFA STATUTES (PFF bylaws Article 9).

In summary CFA particularly Mr. Montayre may have committed seriously breached the FIFA Statutes and PFF Bylaws and perhaps the respondent may have a very strong case to protest the CFA decision.

2. The official pronouncement of sanction did not provide a notice for the channels for appeal which is mandatory. (FIFA Statutes Article 115, 118 & 119.) An appeal based on FIFA Disciplinary Code may be lodged with the Appeals Committee against any decision passed by the Disciplinary Committee, unless the disciplinary measure pronouncement is: a warning, reprimand, a suspension for fewer than 3 matches or up to 2months, etc which does not apply with the CFA pronouncement. Another possible breach. Again the respondents may have another argument to present.

Anonymous said...

3.Although the rules of the Aboitiz Cup is clear re: consequences of withdrawals of teams, the case should be reviewed because a lifetime ban as specified in the Aboitiz Rules as a maximum penalty is diffcult to justify. There has been no national team or club that has been slapped with a 3 year ban or lifetime ban FROM ALL FOOTBALL ACTIVITIES for withdrawing in a tournament in any part of the world (yes, perhaps a ban from a particular tournament for a period of time is more reasonable but from all football activities is certainly unheard of -----an overkill). More, except for serious cases of corruption, doping and violence the maximum sanction as stated in FIFA Disciplinary Code is 5 years and not lifetime for such an offense as withdrawals.

In the case of the FIFA World Cup a team that withdraws during the final competition is sanctioned with a heavy fine and depending on the circumstances the sanction may include exclusion from SUBSEQUENT FIFA COMPETITION. There is no provision that include a ban from all football activities!

It about time that the PFF craft a PFF Disciplinary Code ( the catalogue of Punishment is not at all adequate) that complies with FIFA DC and mandates all member associations to adopt their own provisions which in turn must comply with FIFA and the PFF Disciplinary Codes for the purpose of harmonizing disciplinary measures, setting the proper proceedings to ensure that grievances are addressed fairly, consistently and speedily, list and defines the type of infringements and corresponding sanctions and time limits by which complaints must be presented and dealt with at each stage.

It is lamentable that Mr. Montayre, who is a member of the PFF Executive Board / Board of Governors has breached the PFF Bylaws which he is mandated to comply with. Will he be subject to a 3 year or possible lifetime ban for his violations of the PFF Bylaws? Ignorance to the rules is certainly no excuse!

Coach Ceniza likewise should have acted more responsibly by airing his grievances with the appropriate body or with PFF instead of withdrawing from the tournament. Such a very poor decision on his part. Hopefully in the future he will act wisely.

By the way, the official decision of CFA does not carry an automatic extension of the suspension on the national level. CFA must request the PFF to do so and PFF may either grant or deny such request.