Sporting Chance

Burden of doubt

not_entBureau of Immigration (BI) Commissioner Rufus Rodriguez isn't convinced that Mobiline center Asi Taulava is half-Filipino so he's deporting the Philippine Basketball Association (PBA) star. It's as simple as that.

Of course, there are legal remedies to the situation. Taulava could run to court and hold off his deportation. His lawyers could go to the Court of Appeals and plead for a temporary restraining order or a preliminary writ of injunction. PBA Commissioner Emilio (Jun) Bernardino says unless Taulava stays his deportation, he's history as far as the league's concerned.

It's the PBA's policy to obey what the BI orders, provided the courts uphold it. That's the rule. In the Metropolitan Basketball Association (MBA), officials initially had the same policy as regards Fil-foreigners. When things got hairy at the BI, the MBA decided to bend backwards and ruled only a work permit from the Department of Labor and Employment (DOLE) would be required for a Fil-foreigner to play.

The PBA, however, isn't as accommodating as the MBA--it shouldn't be. Rules are made to be followed, not bent, unless they're no longer relevant. A work permit is required for an import, not a Fil-foreigner--there's supposed to be a distinction.

Rodriguez' decision means he's calling Taulava a liar. The BI Commissioner isn't saying it outright but there's no other interpretation for his harsh order of deportation. In Rodriguez' eyes, Taulava is a fake. That means Rodriguez is calling Taulava's mother a fake, too. She flew in to submit herself for cross-examination by Rodriguez and his BI associates some months back. Pauline Hernandez Mateaki Taulava claimed she's a Filipina born in Samar but couldn't produce original documents authenticating her roots.

If Taulava thinks he's been given a raw deal, he should take his case to the Commission on Human Rights.

What's disconcerting about this mess is Rodriguez based his decision to deport Taulava on doubt. The BI hasn't proved Taulava is a fake. Rodriguez himself says he's just not convinced. Taulava has tried for months to prove his alleged Filipino heritage but Rodriguez isn't budging. It's not that Rodriguez has found evidence that Taulava is lying--he just doubts the veracity of what's on the table. Doubt is a subjective thing--if Taulava is to be lynched, doesn't he deserve a sentence based on something objective, something concrete? The way I see it, Taulava has been presumed guilty and he's got to prove his innocence. Shouldn't it be the other way around?

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In Kerby Raymundo's case, he initially submitted a document certifying his high school graduation in 1997--making him eligible to play in the PBA this year. On the basis of what he submitted, Raymundo was cleared to play. But the document was later proved to be falsified and as a result, Raymundo was declared ineligible.

Shouldn't the same Raymundo process be applied to Taulava? Shouldn't the BI certify that the papers he submitted were falsified before ordering his deportation? As it is, all Rodriguez will admit is he doubts Taulava's claim. And that doubt has become the basis of his deportation.

In Tanduay star Sonny Alvarado's case, Rodriguez says he has no doubt as to his Filipino roots because his papers carry the stamp of approval from the Philippine consul in Los Angeles. If Taulava got the same stamp, I wonder if Rodriguez would've acted as harshly.

Now, I'm not crusading for Alvarado's deportation. But if Rodriguez doubts Taulava's claim to be half-Filipino because of looks, why doesn't he doubt Alvarado's? Is he Hispanic or is he half-Filipino? Why hasn't he brought his Filipino parent here like Eric Menk, Noy Castillo, the Seigle brothers, William Antonio and yes, Taulava?

I'm interested to find out Alvarado's heritage if he cares to talk about it. Perhaps, Tanduay manager David de Joya could arrange an interview. I'm sure Alvarado's fans are interested to know where in the Philippines, he traces his roots. A BI staffer told The STAR that Rodriguez never called for Alvarado to present his Filipino parent because his father is dead. For Rodriguez' information, Alvarado's father was an American named Earl Williams -- his mother whose surname is Alvarado is supposedly Filipina. Or has the story changed for convenience?

The BI should apply its rules consistently. What applies to one should apply to others. If Rodriguez came down hard on Taulava, why is he playing footsies with Alvarado?

If Taulava is proved to be a fake, then he shouldn't only be deported but also ordered to return whatever he earned from playing in the PBA and fined for fooling the Filipino public--something inimical to the national interest. The same thing goes for Alvarado. But unless Taulava and Alvarado are proved to be fakes, then they should stay.

Sadly, in Taulava's case, the BI rests its case on doubt, not proof.

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