Asi, don’t do it

A basketball game should be decided on the court and not by the courts.

Unfortunately, if Asi Taulava suits up and plays for Talk ‘N’ Text in Game 1 of the Philippine Basketball Association (PBA) Philippine Cup best-of-7 Finals against Barangay Ginebra at the Araneta Coliseum tonight, the final score may not reflect the outcome.

Taulava’s lawyer Eduardo Francisco obtained a writ of preliminary mandatory injunction from Quezon City judge Rogelio Pizarro to stay the PBA’s suspension on the Phone Pals center last Wednesday. The PBA suspended Taulava and five others after the Department of Justice (DOJ) issued a report citing findings that the documents they submitted in applying for Filipino citizenship were spurious.

Before the DOJ filed its report, the PBA Board of Governors had agreed to abide by the majority decision on whatever sanctions it would mete out on the basis of the findings.

PBA commissioner Noli Eala said the six Fil-foreigners singled out by the DOJ could go to court and challenge the findings to prove the DOJ wrong. That’s their right. But unless the findings are overturned, there could be no way for the PBA to lift the suspensions.

Three of the six Fil-foreigners voluntarily left the country and two of them filed appeals in the court before exiting. Two others got a reprieve from being deported by going to court and one of them is gathering strong evidence to disprove the DOJ findings.

Then there is Taulava.

Of the six Fil-foreigners, it is Taulava who has persistently tried to get a favorable ruling from the courts. Previous attempts were failures, resulting in Taulava firing his lawyer Gary de Jesus.

Taulava’s decision to go to court isn’t to challenge the DOJ findings–at least, not yet. His immediate goal is to be reinstated as a player. Presumably, Talk ‘N’ Text management is backing him up all the way.

Proving one’s Filipino roots to substantiate a claim to citizenship and being able to play in the PBA are two different things. The courts have jurisdiction over citizenship issues while the PBA has jurisdiction over playing issues.

In Taulava’s case, he is directly challenging the PBA’s authority to suspend players. And I don’t think that’s good for the league.

The PBA is an organization that has its own set of rules. Its policies are determined by a Board of Governors. Playing issues must be taken up and resolved only at the Commissioner’s level in consultation or, if policy issues are involved, as approved by the Board.

That’s putting it as simply as possible.

I’m no lawyer and I don’t understand legalese and gobbledygook. But as a private citizen with a mind of my own, I don’t think it’s right that Taulava should push his weight around and force the PBA to allow him to play.

The other day, Talk ‘N’ Text team manager Frankie Lim sent a letter to the PBA advising Eala that on the basis of the court ruling last Wednesday, Taulava will suit up in Game 1 tonight.

The PBA filed a motion for reconsideration last Friday and a hearing has been set for Tuesday.

The DOJ also sent the PBA a letter last Friday saying it "stands foursquare on its jurisdiction over Mr. Taulava and the deportation proceedings against him will proceed at the proper time." DOJ secretary Raul Gonzalez said Pizarro’s court order is "not yet final and executory and sub-judice" and added he would have intervened in the Quezon City court if only notified.

Obviously, an attempt by anyone to stop Taulava from suiting up and playing tonight will mean an act of contempt of court despite the DOJ’s pronouncements. Eala, being a lawyer, understands the situation. It’s a pity that Taulava is resorting to a sleight of hand to put one over the league and get himself to play tonight.

If Taulava plays, all hell could break loose. If Talk ‘N’ Text cares for the league, it should step in and prevent this outright attack on the Commissioner’s authority.

This isn’t only about Taulava playing or even the Phone Pals winning a championship. This is about caring for the PBA and its fans. Imagine the chaos if Taulava plays and Talk ‘N’ Text wins tonight. In that eventuality, Barangay Ginebra will likely put the game under protest and the PBA–because of its suspension on Taulava–should overturn the outcome.

Why throw out the gains made by the PBA since Eala took over? Why should one man be allowed to impose himself on the league?

Last Friday, close to 17,500 fans jammed the Big Dome to watch a classic PBA game and millions were glued to TV sets enjoying the action. Is Taulava so selfish that he’ll think only of himself and try to destroy the PBA?

If Taulava plays, expect Mick Pennisi, DaVonn Harp and the others to troop back to the league in open defiance of the Commissioner and the Board of Governors. And what will now stop anyone suspended by the Commissioner–for whatever reason, including foul play–from going to court and securing an order of reinstatement?

Taulava’s case isn’t just about him. This is about preserving the league’s authority to keep order within its ranks.

Eala said the court order is not enough to bring Taulava back on the playing floor because the league has other requirements for reinstatement. Besides, the motion of reconsideration has been filed so there is no closure to the case.

But despite Eala’s explanation, Taulava insists on playing because of Pizarro’s court order. And that is absolutely inimical to the league’s interests.

Is Pizarro taking over as PBA Commissioner? Or is Francisco? Or is Taulava arrogating for himself the Commissioner’s authority to rule on a player’s eligibility to play in the PBA?

For the sake of the league and its millions of fans, Taulava should examine his conscience and think of the consequences of his actions. Please, Asi, don’t play tonight.

If the courts dismiss the PBA’s motion of reconsideration on Tuesday and Taulava complies with the league’s requirements for reinstatement before Game 2 on Wednesday, then and only then should he play.