Your honor, please - SPORTING CHANCE By Joaquin M. Henson

When the Basketball Association of the Philippines (BAP) row was just simmering three weeks ago, I tried to nip the problem in the bud.

"The Philippines is compromised by the shameful power struggle in the BAP," I wrote in a column last Feb. 21. "Shouldn’t (Freddie) Jalasco and (Tiny) Literal be willing to sacrifice their selfish interests for the national good? Perhaps, the solution is for both to abandon their claims to the presidency and allow the POC (Philippine Olympic Committee) to set down the rule of succession."

The next day, I reiterated in another column, "To arrive at a solution to the problem, there must be sacrifice. Jalasco and Literal must swallow their pride. Go (Teng Kok) and (Celso) Dayrit, too — for the sake of Philippine basketball. Will they be man enough to do it?"

So what did I get for trying to find a solution to the BAP problem? A suit for contempt.

I was accused of writing on the BAP situation "with malice, evident bad faith, and manifest partiality," of defaming "numerous personalities," and of spreading "contemptuous lies and fabrication." The suit contended that I should be punished for contempt for "discussing the merits" of a case filed by Literal against Jalasco. If found guilty, I would be fined a maximum of P30,000 or imprisoned for not more than six months or both.

The hearing was set last March 2 before judge Raul de Leon of the Regional Trial Court in Parañaque. It was postponed to March 6. During the postponed hearing, the case was withdrawn.

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I couldn’t understand why I was sued in the first place. I couldn’t be biased because I didn’t side with either Jalasco or Literal — in fact, I begged for both to withdraw their claims to the presidency. I couldn’t have written "with malice (or) evident bad faith" because my objective was to find a solution to the problem — nothing wrong with that, is there? Contemptuous lies and fabrication? My imagination couldn’t be that rich. I’ve got a reputation to protect — I’m no liar and I don’t fabricate.

I never touched on the merits or otherwise of Literal’s court case against Jalasco, I didn’t try to influence the court on how to decide the case and I didn’t cast doubt on the court’s integrity or competence in trying the case. So where was the contempt?

Anyway, the case was withdrawn even before I was hauled into court. My thanks to The Philippine STAR, especially to Miguel and Isaac Belmonte and Bobby de la Cruz, for offering legal services and to my lawyer friends, Gabby Villareal and Max Patag, who offered their services for free.

I’d never been sued in my life. So this was a first.

Unfortunately, the BAP problem is still far from settled. The war has become more and more bitter as Jalasco and Literal refuse to yield. Jalasco says he should rule because he’s backed up by the POC, the Philippine Basketball Association (PBA), the Metropolitan Basketball Association (MBA), and the Philippine Basketball League (PBL). Literal says he’s supported by the BAP’s Regional Directors and the coaches and players of the national men’s and women’s teams.

A show of force will not solve the problem which has become too personal. Too much pride is involved. Too many cases are now pending in court and the impasse could drag on for months. The issue isn’t who has the legal right to the presidency. The issue is who has the moral right to it.

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Former POC President Col. Julian Malonso said a house-cleaning is in order and it should start "from the bottom." He admonished both Jalasco and Literal for their "lack of love of the game." Malonso continued, "There is no more love of country. It’s all politics — you scratch my back, I scratch yours."

My position is neither Jalasco nor Literal should be BAP President. The BAP President should represent the basketball organization that is considered to be at the top of its class. He should be the PBA Commissioner.

Go, the Philippine Amateur Track and Field Association (PATAFA) President who is backing up Literal, said yesterday it’s unfair for Jalasco to disband the national team training for the Southeast Asian Basketball Association (SEABA) Championships on April 2-7. He confirmed that Thailand, Malaysia, Indonesia, Singapore, Brunei, and Vietnam are coming to play in the SEABA tournament on Literal’s invitation.

No doubt, Jalasco has the clout to reconstitute a national team. The PBL could easily form a lineup that should dominate the SEABA tournament. But there will be deep wounds left in the wake of such a turnaround — wounds that will probably never heal.

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