No due process in FIBA order?

(Last of two-part article)

The International Basketball Federation (FIBA) has ordered an election to settle the leadership dispute in the Basketball Association of the Philippines (BAP).

Officials from FIBA, the Asian Basketball Confederation (ABC) and the International Olympic Committee (IOC) are arriving today to set the mechanics of the poll which will be held either tonight or tomorrow morning, barring any hitches.

Former ABC secretary general Mauricio (Moying) Martelino said a new election is irregular since the Philippine Olympic Committee (POC) had earlier recognized Gonzalo Puyat as BAP president. The other presidential claimant is Quinteliano Literal who was elected in a poll that was recently nullified by the Court of Appeals.

"FIBA initially decided that if there is no agreement by Aug. 31, it would send representatives to hear the parties and mediate," he noted. "Now, FIBA has announced there will definitely be an election, no matter what. Where is our day in court? Where is due process?"

Puyat said another election would be "improper, unfair and unreasonable." He argued that holding an election instead of arbitrating the problem smacks of pre-judging the dispute by disregarding the POC’s recognition of his presidency.

Puyat said he is "shocked and very disappointed" that Stankovic has ordered an election without even deliberating on whether it is necessary. He added that the POC could stop FIBA from intervening in the BAP problem which he described as an internal squabble.

Martelino said under the BAP By-laws, there should be a 30-day written notice for a special meeting such as what will be called to conduct an election.

"There is no 30-day notice," he said. "And who are the voters — are they the voters appointed by Mr. Literal? There are many questions left unanswered. It’s not as easy as calling for an election. We should be guided by what is right and what is lawful."

Stankovic said Literal has agreed to the election but not Puyat.

"Resolving the conflict under the supervision of the highest sports authorities in the world is the most appropriate and best solution for the BAP and the world sport community," said Stankovic in a letter to Puyat last Aug. 24. In another letter a few days later, he reiterated, "If this mediation is unsuccessful, FIBA and the IOC will proceed with the elections."

Literal is confident of his chances in a new poll. "I’ve been elected five times as president in the last eight months but the POC recognized Puyat who was voted in a sham election with only seven legitimate voters," said Literal. "There are 35 voters in the National Board and 29 of them voted for me in the June 20 election. Walang katapusan itong gulo. We’re looking for a permanent, not just a temporary solution."

The moment of truth is here. Will the POC assert its authority and prevent FIBA and the IOC from intervening in a strictly internal affair? Or will the POC back off, retract its recognition of Puyat, and allow a new election?