Tanduay seeks TRO but PBA stands pat on forfeiture

The Bureau of Immigration ordered the deportation of Sonny Alvarado and the Philippine Basketball Association subsequently called for the forfeiture of two crucial games of Tanduay in the league, one day after the ballclub has shifted the battle to the legal front.

Legal counsels of Basic Holdings Corp., franchise holder of Tanduay in the PBA, said they will exhaust all means to stop the BI's deportation order on Alvarado, and, at the same time, announced that they have sought a writ of preliminary injunction from the Makati Regional Trial Court, stopping the PBA from enforcing a forfeiture ruling against the ballclub.

The BI ordered the deportation of Alvarado yesterday after it found the cager guilty of faking his mother's certificate to back his claim to Philippine citizenship. ( See related story)

"If that's the decision, I can't do anything. I will abide by the law," said Alvarado.

But Basic Holdings legal counsels Jaime Nagrampa and Walter Young said they will appeal BI's verdict either with the Department of Justice or the Office of the President.

With the BI's deportation order on Alvarado, the PBA Commissioner's Office was to order the forfeiture of two won games by Tanduay over Purefoods in their best-of-five semifinal duel in the ongoing All-Filipino Cup, enforcing a ruling it issued to the ballclub last May 17.

Following the reopening of Alvarado's case, Commissioner Jun Bernardino decreed that in case the immigration issues a deportation order against the Tanduay player, all won games in which the cager played effective May 17 would be forfeited.

Alvarado saw action in Tanduay's 85-75 win Friday and 93-70 rout Sunday.

But even before the PBA could make the decision, Basic Holdings Corp. officials made their move, seeking a temporary restraining order from Makati RTC Executive Judge Josefina Guevara-Salonga.

Guevara-Salonga issued a TRO Monday, enjoining the PBA and its officials from committing such other acts that may impose any additional condition, restriction or qualification upon Alvarado's entitlement to play in the PBA 2000 season.

But Bernardino said once there is no legal impediment to the implementation of the ruling, they will declare the won games of Tanduay in Games 2 and 3 of their semis series with Purefoods forfeited and Game 4 will be scheduled accordingly.

"We note this recent development with disappointment and sadness as a PBA member has had to resort to settling problems of the league outside of the PBA family -- something that has neven been done by any PBA member in the past. Up until now, all PBA members have settled disputes, controversies and/or disagreements among themselves, finding comfort in the strength and solid foundation of its structure under the PBA constitution and by-laws," said Bernardino.

"However, in the end, we are confident that the PBA shall come out of this unwanted development even stronger and worthier of the following of our millions of fans that has made the PBA a national institution over the years," he added.

In a 10-page petition, Basic Holdings Corp. said the PBA ruling must be declared invalid and unenforceable for being unfair, unjust, oppressive and discrimatory.

Basic Holdings stressed the ruling would unduly penalize the franchise by forfeiting won games, noting the PBA has never issued a similar ruling.

Basic Holdings president Gen. Salvador Mison (ret.) cited the case of Asi Taulava whose team Mobiline wasn't slapped a forfeiture of games despite the deportation order on the alleged Fil-Tongan.

Mison also cited the fact that Alvarado was not their direct Fil-Am pick but a player who passed through the PBA draft system last year.

"It (the PBA ruling) has caused apprehension, serious anxiety and loss of morale on the team members. Tanduay and its management ought not to be subjected to this sufferings and misery since, in engaging with Alvarado, we merely relied on the integrity and trustworthiness of the PBA's draft," said Mison.

The PBA Commissioner said they're taking a different ruling on Alvarado than that of Taulava since the former faced a criminal charge while the latter a mere suspicion on his citizenship. -