Personal persecution?

Basketball Association of the Philippines (BAP) secretary general Graham Lim was at his wit’s end yesterday when he received a notice to vacate the governing body’s office space at the Rizal Memorial Complex.

Waiting in the wings to take over the space is the Basketball Association of the Philippines, Inc. (BAPI) which, on the basis of a recent court order, claims to be the legitimate National Sports Association (NSA) for hoops.

Lim, however, isn’t budging an inch. Feisty lawyer Boni Alentajan warns that if a sheriff shows up ordering BAP’s evacuation, he’ll be arrested for usurpation of an official function.

Alentajan explains that only the Philippine Sports Commission (PSC), which owns the Rizal Memorial Complex, has the authority to kick out the BAP and if it does, he’ll sue the government agency because there is no legal basis for removal.

"If BAPI wants to take over the BAP’s office space, it should run to the PSC not a sheriff to order the removal," barks Alentajan.

Lim says BAPI’s registration with the Securities and Exchange Commission (SEC) is inconsequential. "So what?" he asks. "Registration does not mean recognition by the POC (Philippine Olympic Committee) or FIBA (International Basketball Federation)."

Alentajan admits BAP is not SEC-registered and says that’s not a requirement for recognition by either the POC or FIBA. "The BAP enjoys international autonomy by virtue of its recognition by FIBA," he explains. "The issue of registering with the SEC is irrelevant. The so-called Lina Rider tried to force NSAs to register with the SEC but it was unconstitutional because it involved an illegal rider in the Appropriations Act. We were ready to go to court but decided to forego embarrassing a government official because anyway, the rider outlived itself as it was only tied to the Appropriations Act of that year."

Alentajan says BAPI’s court recognition means nothing to FIBA or the International Olympic Committee (IOC). In fact, he stresses that getting a court order will only turn off both the FIBA and IOC which frown on intervention of that sort.

Lim notes that when the FIBA sent official representative Patrick Baumann to resolve the BAP versus BAPI dispute two years ago, all parties agreed to drop court cases against each other. And after Baumann stepped in, the recognized body–the BAP–reorganized to confirm to FIBA’s demands. "So the BAP that BAPI took to court eight years ago is no longer the BAP that exists today," explains Lim.

Alentajan is worried that if the BAPI case escalates, FIBA might again suspend the country’s participation in tournaments sanctioned by the world body, like the Asian Basketball Confederation (ABC) qualifiers for the Olympics and World Championships.

"It’s like we didn’t learn from our mistake when we were suspended by FIBA two years ago," says Lim. "We’re digging our own grave."

Losing his office space isn’t the only thing that’s causing Lim a giant migraine. His passport was cancelled by Department of Foreign Affairs director Bernardita Catalla last Oct. 13 and it’s making Lim wonder why he’s being unfairly persecuted by government.

Through Alentajan, Lim has gone to court to question the cancellation, citing no due process, "disorderly administration of justice" and "the strong arm of the law ... used in an oppressive and vindictive manner."

Lim, 46, was born in Manila and married a Filipina, Raquel Padilla, in 1993. The couple has two children. Lim has never lived in any other country and has no known country from where he came. If he is deported, Lim has nowhere to go. By action, Lim is a Filipino for all intents and purposes. He has, in fact, represented the country in numerous international sports conventions and competitions.

Lim says two disgruntled former BAP associates are behind his villification. "One of them, I helped in his darkest hours," he relates. "I bought him a car which I registered in his name. I borrowed $5,000 from a friend–I’m still paying for it–to give to him because he needed it to release one of his children from a hospital in the US. But even if he has done this to me, I don’t regret helping him."

BAPI is appealing for recognition from the POC and PSC. Nic Jorge, representing BAPI, says he’s open to a reconciliation with the BAP–for the sake of unity and the good of basketball. But in the end, the question is–Who will call the shots?

Lim insists the BAP is recognized by FIBA and ABC secretary general Yeoh Choo Hock has guaranteed his support. Where this situation leaves BAPI is something not even the courts will be able to determine.

Postscript. Reader Chris Lim, writing from Shenzhen, China, pointed out that Lamar Odom is playing for Miami, not Memphis, in the National Basketball Association (NBA) this season. Another reader, Robert Dy, e-mailed to make the same correction. I inadvertently included Odom in the list of Memphis recruits in this column the other day ... My apologies to Solar Sports. In a previous column, I mentioned that Solar Sports–the country’s No. 1 sports network–is assembling a package of over 1,000 games on IBC and cable. The package includes 60 games a month via the NBA League Pass, 30 games on Solar (not Star) cable, Monday and Thursday primetime games on IBC and 30 classic "greatest" games a month on Solar (not Star) cable. The deal also kicks in doubleheaders on the NBA Premier Week, the playoffs and the entire Finals. To get the ball rolling, Solar (not Star) cable started its new NBA season coverage with a twinbill last Wednesday. The doubleheaders will continue until Sunday to cap the NBA Premier Week. Philippine Basketball League commissioner Chino Trinidad, my partner for the local commentary on Solar’s NBA games, called yesterday to make the correction. Congratulations to Solar Sports for the blockbuster NBA package, the most comprehensive in local history.