PBA expansion team Batang Red Bull does not deserve to be punished for somebody else's fault.
This was the gist of the letter of appeal sent by Batang Red Bull alternate governor George Balagtas to PBA commissioner Emilio Bernardino Jr. on March 24, strongly disputing the forfeiture of its two victories over Sta. Lucia Realty for using Kerby Raymundo.
The PBA, through legal counsel Butch Cleofe, gave the go-signal for Raymundo to play after proper investigation of Raymundo's documents. "On the basis of this approval, we proceeded to play...with the participation of Mr. Raymundo," said Balagtas, adding it was only a few games later that Red Bull learned Raymundo's eligibility was being questioned.
"We played our first games (including the first one versus Sta. Lucia) with your (commissioner Bernardino) approval and in utter good faith," explained Balagtas.
With regards to the second Red Bull-Sta. Lucia game in Davao City on March 18, Balagtas recalled that it was commissioner Bernardino who suggested to him and team owner George Chua to let Raymundo play "for the sake of the PBA, the Davao fans and the Davao promoter."
Bernardino made the suggestion in a meeting on March 17 at the PBA office in the presence of PBA executive director Renauld Barrios.
Based on the above-stated circumstances, Balagtas saw no reason for Bernardino to penalize Batang Red Bull. He appealed to Bernardino to reverse his forfeiture order.
In his letter, Balagtas stressed that Red Bull, like Mr. Raymundo and the PBA, "were all victims of the system, the impoverished condition of Mr. Raymundo's family and the eagerness of his talent manager (Molet Pineda) who, together with (Raymundo's) high school and grade school principals truly believed that he was qualified (to play) on the 'would have graduated...' clause."
He added: "At no time during our discussions on March 16, 17, 21 and 22 was the matter of sanctions against Batang Red Bull discussed..."
Balagtas argued that "in accordance with commonly accepted league practices, in deference to due process, and in consideration of the official approval of the participation of Mr. Raymundo (in the Red Bull lineup), either:
A) the complaint (against Raymundo) should have been registered before the start of the conference to avoid disruption of the league, unduly affecting the participants thereof, or B) at the very least, team sanctions arising from the resolution of such complaints be imposed prospectively rather than retroactively."