San Beda, which dragged the NCAA into a legal battle last year, is at it again.
The Red Lions team has sought a legal opinion from a US-based law firm, apparently preparing itself for another legal tussle with the league with regards to the eligibility of incoming rookie player Elvin Jake Pascual.
San Beda rector Fr. Mat de Jesus, OSB, has appealed to the policy board the management committee’s decision banning Pascual from seeing action for the Red Lions in the NCAA 84th season set to fire off June 28 at the Araneta Coliseum.
In documents obtained by The STAR, De Jesus made his appeal through a letter to league president and policy board chair Dr. Reynaldo Vea of host Mapua last Thursday.
The STAR also obtained the legal opinion San Beda sought from the US-based Sarmiento, Delson, Dakanay and Resurreccion Law Firm.
The appeal came after the Mancom chaired by Ding Lozano ruled last June 5 to bar Pascual from playing for San Beda’s varsity team for the second straight year.
The same committee, then headed by Jose Rizal’s Paul Supan, also disallowed Pascual from playing for San Beda last year.
The specific violation cited by the Mancom was falsification of documents on the part of Pascual.
But de Jesus argued that Pascual was a “victim” since the Paniqui, Tarlac native, then a 16-year-old teener and ignorant of the NCAA ways, was misled by then Philippine Christian U high school coach Bong Sales to repeat third year high school and play for the Baby Dolphins.
In an affidavit submitted personally by Pascual as instructed by San Beda, he said his real intention was to try out for the senior squad and not the high school.
Pascual went on to suit up for the Baby Dolphins, who finished second in 2006 to the San Sebastian Staglets, before the league discovered irregularities committed by PCU that led to the Taft-based school’s suspension in 2007.
“Since he was 16 years old at that time, therefore, a minor, and coming from a simple parochial school in Tarlac, it would be impossible for him on his own accord to willfully and knowingly violate any NCAA rules on eligibility,” said De Jesus.
“Considering his family and provincial background, he was willing to sacrifice anything, even repeating third year high school just to be able to realize his dreams of becoming a good basketball player. Jake’s father is a tricycle driver and his mother a simple housewife,” De Jesus added.
To show good faith, San Beda even instructed Pascual “to execute an affidavit on Aug. 6, 2007 detailing the circumstances of how he got involved in the PCU controversy and his personal innocence of any violation of NCAA rules.”
“The affidavit was even used by the NCAA Mancom in its investigation of PCU. Since this affidavit was executed almost a year ago, it shows both San Beda’s awareness of its responsibility to uphold at all times NCAA rules and policies, and Jake Pascual’s willingness to come forward to tell the truth thereby risking himself to possible unpleasant allegations,” he explained.
De Jesus is also appealing to the Policy Board to grant Pascual reprieve similar to what it did to PCU, which they allowed to see action this year before it takes an indefinite leave of absence.
“What has given me the courage and inspiration to appeal this case is the very benevolent action of the Policy Board in allowing PCU to re-enter the NCAA and play again in the senior division of Season 84.
“It showed it has the spirit of fraternal love and wisdom in amicable resolving the controversy for the sake of amateur sports. I was wondering if the board would extend the same compassion and understanding to Jake Pascual, an unknowing pawn in this unpleasant controversy,” he said.
De Jesus, however, neither confirmed nor denied the possibility of filing a court case again against the league similar to what it did last season when they obtained a temporary restraining order stopping the league’s decision to suspend Yousif Aljamal for a couple of games.
San Beda and the league settled the Aljamal case amicably.
Lozano said the Policy Board would come up with a decision anytime this week.