UP going to court?

University of the Philippines (UP) isn’t taking lightly the University Athletic Association of the Philippines (UAAP) Board’s decision affirming Far Eastern University (FEU) rookie Arwind Santos’ eligibility to play in the men’s seniors basketball tournament this season.

Rado Dimalibot, a lawyer who’s a staunch Maroons supporter, told The STAR yesterday that the possibility of UP going to court is not far-fetched. If the case goes to court, it could trigger widespread demoralization within the UAAP ranks and destroy the UAAP Board’s credibility.

FEU representative Anton Montinola said it’s unfortunate that UP has refused to abide by the UAAP Board’s unanimous ruling. "We have no fight against UP," stressed Montinola, a former UAAP president. "But I think UP is misinformed about the case and has a misappreciation of the relevant facts. Before the season, Santos’ case was taken up by the Board. We were transparent all the way. We disclosed that he had in fact played for Guardo-Pampanga in the CBL (Cebu Basketball League) invitationals. We argued that the CBL does not fall under the UAAP’s definition of a commercial league. A vote was taken–it was unanimous for Santos’ eligibility. It’s not right that a player’s eligibility is questioned after the fact–after he proves himself a good player. Basketball is a team sport and Santos is no god–he’s just one player and it takes five players on the court to win a game. Why can’t we just sit back and enjoy the basketball season?"

Montinola said last year, University of the East (UE) star James Yap was allowed to see action as a rookie without establishing residence despite playing in a Chinese league previously.

Let’s examine the spirit of the law," continued Montinola. "The commercial league ban is to protect the UAAP from a rookie with an undue advantage. But in the case of Yap and Santos, they played only for a week in those leagues. It’s not like the PBL (Philippine Basketball League) which is why UAAP players must play at least two years for their schools before going to the PBL. There is no such requirement for the CBL."

Montinola said Santos has his rights like any other player. To disenfranchise him would be violating his human rights particularly as he clearly did not violate any UAAP rule of eligibility.

As regards UP’s reference to Santos as a "fresh" high school graduate, Montinola said he doesn’t fit the definition. Santos finished high school last year and didn’t enroll at FEU until this year so strictly speaking, he’s not "fresh" out of high school. Montinola also rejected UP’s proposal to amend the UAAP constitution before deciding on whether or not Santos’ CBL stint was a violation of eligibility rules.

"The issue is not constitutional in nature," explained Montinola. "The rules of eligibility are deliberated on and adjusted year to year unlike the constitution which is an expression of motherhood statements. The rules of eligibility may not be changed during a season but before or after."

A few weeks ago, UP sent a letter to the UAAP Board seeking clarification on Santos’ eligibility. When the Board upheld Santos’ eligibility, UP chancellor Dr. Emerlinda Roman questioned the decision and sought an audience to clear the air on the issue.

Dimalibot said several years back, La Salle’s Noli Locsin was declared ineligible by the UAAP Board for playing in a two-day Bacolod tournament prior to joining the Archers. He noted that the Locsin ruling dissuaded UP from suiting up Philippine Youth Basketball League (PYBL) veteran Kenneth Robin last year to avoid complications on his eligibility. It was with the Locsin ruling in mind that UP decided to question Santos’ eligibility.

Dimalibot also said the CBL is definitely a commercial league because the players who see action are pros like former Philippine Basketball Association imports Bobby Parks and Darryl Smith.

"FEU never hid anything about Santos," Montinola said. "We have been transparent from the start. Santos is just like (Mark) Cardona who was the best rookie last year. Both come from poor families and are trying to make it in life through sports. Santos commutes from Pampanga every day for practice. He never complains. He’s a hard worker. He’s got a family to support–a wife and child. This is his big break. Why try to stop him from playing when anyway, he is eligible?"

The UAAP Board or its designated committee is the proper forum to decide on a player’s eligibility. Bringing the court into the picture would be inimical to the league’s best interests. Imagine the chaos in the UAAP if whenever a school is aggrieved by a Board ruling, it runs to the court for succor. What a poor example to students if a school refuses to accept a Board ruling and goes against the grain of sportsmanship.

UAAP president Sonny Paguia said Dr. Roman will be invited to attend the next UAAP Board meeting so that she may be briefed on how it took up the inquiry on Santos’ eligibility. Nothing wrong with that. The UAAP Board, like FEU, has nothing to hide. It’s all in the spirit of disclosure and transparency–as Montinola said. No hidden agendas. No sleight-of-hand tricks.

As for FEU’s chances to make it to the top four, Montinola said the Tamaraws will need something short of a miracle. "We’ll give it our best shot," he added. "We won only two games in the first round but we beat Ateneo to start the second round. It’ll be an exciting windup. I just hope the season isn’t marred by any more problems."