Cebu City Sports Center track oval. CDN Digital photo | Brian J. Ochoa
CEBU CITY, Philippines — The lawyer of the Karate-do athlete who got injured at the Cebu City Sports Center (CCSC) track oval said they will be pushed to file a case against the contractor if they would not settle the issue with them.
According to the lawyer, the athlete, who was about to reach the finish line on her last print while she practiced, stumbled at the track oval and broke her left little finger that was immediately subjected to medical interventions to reduce the pain.
This issue was brought to the City Council on Wednesday during its regular session, through a privilege speech delivered by Councilor Rey Gealon.
In a phone interview with the lawyer, who requested not to be named, he said the purpose of their demand letter was for the contractor to take their accountability over the “substandard” track oval.
“Amo nang gipadad-an og demand letter ngadto sa iyang address [nga naa sa letter], wa naman [siya] didto…Karon nangita pami ana niya, nagtago-tago naman na,” he said.
The letter was addressed to Shaun B. Doherty of SBD Builders, the contractor awarded by the City Government to rehabilitate and renovate the track oval in preparation for the Palarong Pambansa last July.
The lawyer said he is hoping that Doherty could meet and speak with them so they could settle the issue, or they would be pushed to file a case if he does not respond to their letter.
“Maapil gyud ang Cebu City ana (when they file a case),” he said.
When asked what could be the case they are planning to file, the lawyer could not specify yet since they would still see what the appropriate case would be.
READ: CCSC track oval is 0.88 meters short – sports officials
However, he said as much as possible, they continued to reach him before the worst happened.
“Pero og di siya mo settle, mapugos mi’g file sa kaso,” he said.
The athlete’s legal counsel said they are giving SBD builders until next week to respond to their letter or they will file the case if they fail to do so.
“Amo lang paninguhaon nga ma settle. Og dili gani, mapugos gyud mi’g file. Ang problema ana, basin maapil ang City of Cebu kay sila may nag commission sa contractor,” he said.
The damages incurred by the athlete reached P880,000. The cost of medicines was charged at P10,000; P20,000 for PhilHealth, and a P550,000 loss of income as a proprietor of a firm and being a karate-do instructor.
The “moral damages” were capped at P200,000 and P100,000 for “exemplary damages.”
‘Let the process take its course’
Meanwhile, in a separate interview with Acting Mayor Raymond Alvin Garcia, he said they “will let the process take its course.”
“Actually I was already informed about that. Mao gihapon akong gi-advice nila, you let the process proceed, take its course… Magpahibaw sila sa contractor nga magpada sila og demand letter, etcetera, and hopefully they can come to a compromise or whatsoever. But on the side of the City Government, I’m very concerned nga kung tinuod gyud nga tungod na sa track [oval] nga nahitabo na,” Garcia said.
Garcia added that he was also concerned about the athlete.
Earlier, Garcia mentioned that repairs would start after the Pasigarbo sa Sugbo last Aug. 25 to 26, but as of Sept. 13, no repairs have been started.
He said that he had yet to finalize everything with the contractor so they could identify the timeframe of the oval’s closure for repair and completion.
“Wala paman gyud na naka schedule og site visit ug wa paman gyud ko naka istorya sa contractor but next week for sure…ato na gyud nang bisitahon,” he added.
CCSC’s side
Meanwhile, CCSC manager Jovito Taborada said they never received any reports on individuals who got injured in running at the track oval.
Taborada told CDN Digital that he did not even have an idea how the athlete got injured in the oval or which specific lane she stumbled on.
“Wa gyud ko’y kalibutan ana,” he said.
Moreover, there were also orange cones placed in the track oval’s inner lane which could be seen on Thursday.
Although Taborada said he could not recall the exact date when the cones were put, those were set up to serve as “precautionary” measures to protect the running individuals from stumbling on the damaged areas.
Taborada added they are still waiting for the schedule of the oval’s repair. But while they wait for that, he assured the management is monitoring the athletes who are using the track oval in case something happens. As of press time, the track oval is open to the public.
CDN Digital has been reaching out to SBD Builders for their side but they are yet to respond as of Friday. /clorenciana