Is GAB taking over PBA?

The recent Games and Amusements Board (GAB) decision clearing Jun Limpot of drug charges and in effect, chastising the Philippine Basketball Association (PBA) for suspending the Barangay Ginebra star because of alleged illegal substance use could be a portent of dangerous things to come.

It’s unsettling that the GAB has taken upon itself a role in excess of the government supervisory agency’s jurisdiction. Someone called it a grave abuse of discretion.

Can you now imagine a situation where for every penalty the PBA metes out a player, he will run to the GAB for succor? What will stop Red Bull’s Lordy Tugade from appealing to the GAB to nullify the PBA’s fine of P25,000 for clotheslining Ginebra’s Mark Caguioa in a recent game? And Caguioa, from appealing his own fine of P20,000 for throwing the ball smack on Tugade’s face?

I was told the GAB conducted at least 10 hearings, including those that were postponed for whatever reason, from July 3 to August 13 in a supposed effort to get to the bottom of the PBA’s much-ballyhooed anti-drug campaign. The GAB invited suspended players to the hearings and their lawyers, naturally, took the opportunity to appeal the PBA’s sanctions.

Lawyer Ricardo Villamil, the GAB’s legal chief, said yesterday the PBA was represented by technical director Perry Martinez in the first few hearings and PBA Commissioner Noli Eala himself attended the last hearing but declined to testify.

Eala said he was invited to show up as a resource speaker and was shocked when he was called for cross examination at the hearing. He was never summoned so it was highly irregular for the GAB to subject him to interrogation.

The PBA was never provided copies of the players’ appeals to the GAB so Eala was taken by complete surprise in what seemed to be a conspiracy to put him on the spot at the hearing. Of course, Eala declined to participate in the ambush proceedings. He offered to explain the intricacies of the league’s anti-drug program and testing procedures but refused to be dragged into a debate on suspension cases. Eala submitted a paper describing the testing procedure–done in close coordination with the Department of Health (DOH) and the Philippine National Police (PNP)–to the GAB.

Villamil said after the hearings, the GAB concluded the testing procedure was "faulty" and suspended players were not given their day in court to defend themselves against drug charges. He admitted there was no way the GAB could decide if a suspended player was positive or negative for drug use. Maybe, the GAB conveniently forgot that the PBA had nothing to do with the testing procedure and relied strictly on the drug experts of the DOH and PNP.

Villamil said among the players who filed appeals to the GAB were Limpot, Norman Gonzalez, Ryan Bernardo, Dorian Peña and Josel Angeles. DaVonn Harp and Noli Locsin withdrew their appeals so according to Villamil, they were not exonerated.

"Based on the testimonies of the players, it appears there could have been tampering of urine samples," said Villamil. "Some players could have been false-positive because they were taking medication with ingredients that were misread as illegal substance. We concluded the procedure was flawed."

I wonder what the DOH and PNP will say to that.

So what does the GAB plan to do? Villamil said the agency can only advise the PBA to review its testing procedures and allow suspended players due process.

The problem is with the GAB ruling, players may use it to sue the PBA for damages. Instead of easing the tension of a potentially explosive situation, the GAB has unnecessarily turned it into a powderkeg. Is that what a government agency should be doing?

The GAB must realize it should stay clear from interfering with the PBA’s authority. It’s not in the agency’s mandate to supersede the PBA’s right to discipline its ranks.

Besides, the recent GAB ruling was moot and academic. It served no purpose than to sow confusion and intrigue. Announcing the decision was untimely and uncalled for. Limpot, after all, has been reinstated.

A fan said the ruling was a crude attempt to embellish the GAB’s image at the PBA’s expense.

Is the GAB trying to justify its insignificant existence in the wake of alarming exposes of high-ranking officials junketing around the world, using people’s funds, on the pretext of attending boxing conventions and Filipino fighters exported like cattle to be devoured by foreign opponents for blood money?