Ball now in PBA locals’ court

Unless cases are formally filed against them, the current crop of Fil-foreigners in the Philippine Basketball Association can sit back and relax, continue to play for their respective teams, and simply ignore the prospects of being prosecuted, jailed and later on deported.

This is the reality facing homegrown basketball talents opposing the presence of alleged fake Fil-foreigners in the PBA as the Senate committee on games, amusements and sports is just about ready to close its investigation with practically no boom to lower, no book to throw on the accused.

"The local players should file a case because the only thing that can come out of this investigation is a passing of a legislation," said a source when asked to comment on yesterday’s Senate hearing marred by the non-appearance of the 25 Fil-foreigners being investigated.

"Whatever comes out of this, unless the locals file a case, the status of the Fil-Ams in question will remain. If they have solid evidence against certain players, file a case for cancellation of passports, deportation or falsification of documents," the source added.

During the previous hearings, immigration officials have stressed that they cannot work on deportation cases or even start deportation proceedings unless a formal case is filed against any individual.

"That’s why the local players should file the case. These Fil-Am players all carry documentation. Now if they say these are forged, fake or tampered, they should file a case. Again, the only thing that can come out of this (investigation) is a piece of legislation," added the source.

The investigation, according to Sen. Robert Barbers, will be over by the first week of March at the latest. By that time, the local players, led by Alvin Patrimonio and Jojo Lastimosa, must have realized that the filing of the cases or the fate of the Fil-foreigners is in their hands, not the Senate’s or that of any other department.

"The committee will just say that the investigation is over and it’s terminated. Remember, this hearing is not prosecutorial but merely investigative in aid of legislation. This hearing cannot come out with something that would say this or that Fil-Am is fake. But they can urge the departments involved na ‘kayo ayusin ninyo ang mga procedures ninyo’ or that the players or the PBA must come up with this or that," said the source.

"But I also feel for these people (local players). Baka umaasa sila na out of this (investigation) something will happen. Na mapapa-deport si ganito o si ganyan. It’s not the function of this committee. It’s for them to file a case."

The Fil-foreigners were not made to appear in the hearing, according to Barbers, since the committee, which he chairs, failed to gather enough documents from the Bureau of Immigration and Deportation that would have helped them grill the players.

In their absence, the hearing, which was also attended by Sen. John Osmeña, turned out to be a rehash of the four previous ones, centering on immigration, labor, justice and foreign affairs officials and the possible flaws in the performance of their respective duties regarding the issue.

Old issues were also tackled during the hour-long hearing, particularly the presence of American coaches in the PBA when it is believed that there is an "abundance" of highly-qualified local coaches. Paul Woolpert of Talk N Text and Tim Cone of Alaska Milk are the only foreign coaches in the PBA right now, both armed with the needed documents.

Nonetheless, Barbers urged the Labor Department to stop issuing alien employment permits to future foreign coaches interested in working in the PBA. Last Dec. 17, Barbers also told the BID to stop issuing Filipino identification cards to Fil-foreign players.

"After this hearing, Sen. Osmeña and I will be drafting several pieces of legislation to strengthen our laws and protect the Filipino players and coaches," said Barbers before yesterday’s hearing was adjourned.

The Fil-foreign players under investigation are Mick Pennisi and Davon Harp of Red Bull, Dorian Peña, Danny Seigle and Nick Belasco of San Miguel, John Ordonio, Rob Duat and Ali Peek of Alaska, Asi Taulava and Kenny Evans of Talk N Text, Eric Menk and Alex Crisano of Ginebra, Chris Jackson, Michael Hrabak and Tony dela Cruz of Shell, Noy Castillo and Andy Seigle of Purefoods, Will Antonio, Jeffrey Cariaso, Rudy Hatfield, Rafi Reavis and Ron Wainwright of Coca-Cola and free agents Jay Jay Helterbrand, James Walkvist and David Friedhoff. — With report from Jose Rodel Clapano