The camp of Vargas said that being an active member does not equate to physical attendance which the POC led by then incumbent President Cojuangco insists.
[1] Mariano Araneta of the Philippine Football Federation also planned to run for President of the POC but withdrew to support Vargas' candidacy.
Elizalde reasoned that the two did not satisfy article 7 section 11 of the POC charter which stated that a candidate must have attended 50 percent plus one of the total number of General Assemblies the past two years.
The Vargas camp alleged that the disqualification decision was made "without any objection or opposition from a known third party", "hastily rendered" without a basic requisite hearing held and there was no written resolution issued in regards to the justification to disqualify him.
[4] Vargas then filed a petition for temporary restraining order (TRO) before the Pasig Regional Trial Court to stop the scheduled November 25 elections to allow for dialogue.
[10] Jose Cojuangco Jr. Victorico Vargas Branch 155 of the Regional Trial Court of Pasig ruled that the results of the 2016 elections for the post of President and Chairman of the Philippine Olympic Committee as null and void.
It added that the election committee cannot restrict or qualify the criteria of being an "active member" of the POC as equating to "physical presence in the meetings of the General Assembly".
Ed Picson executive director of Vargas' NSA, Amateur Boxing Association of the Philippines disputes the claim.
Pere Miro, IOC deputy director general, expressed in a February 9 letter that fact the POC's internal dispute was referred to an "ordinary court" as "unfortunate".
He said that internal disputes in a National Olympic Committee, such as the POC, must have been resolved by its competent governing bodies including its General Assembly.
Ramon Fernandez, Charles Maxey, Arnold Agustin and Celia Kiram of the Philippine Sports Commission sought entry but was denied.
[19] Due to technical reasons, officials of the weightlifting and shooting national sports associations were also barred from attending the meeting.
[20] Pichay said that the General Assembly agreed to hold elections on February 23 and insists the move was not due to the Pasig court order.
Due to technicalities, Shooting holdover president Richard Fernandez and weightlifting chief Monico Puentevella were barred from voting.
However he expressed pessimism that a "healing" will take place in Philippine sports noting "not friendly relations among a lot of people" in the POC.
[31] The petition filed by Cojuangco camp to disallow Vargas and Tolentino's candidacy for the February 2018 election was dismissed by the 10th Division of the Court of Appeals on July 10, 2018.
Cecilio Pedro of Hanabishi and Lamoiyan, and Alfrancis Chua sports head of San Miguel Corporation has also pledged support.
[35] Vargas said that they will form a "NSA-type" committee to deal with the issue regarding the POC's alleged unliquidated funds provided by the Philippine Sports Commission for its NSAs.
[35] Vargas and Tolentino were sworn in before Philippine President Rodrigo Duterte in a simple ceremony at Malacañang Palace on 5 March 2018[36] which marked the official start of their terms.