Sources said the board approved commissioner Noli Eala’s proposal on a 4-3 majority vote with two teams of the San Miguel group plus Talk n Text and Red Bull Barako submitting the concurring votes.
"The decision to adopt new criteria has been necessitated by recent legal developments which have made the PBA’s continued reliance on the Department of Justice as ineffective and misplaced," said Eala.
The Office of the President recently reversed the DOJ rule on the case of Rudy Hatfield and the Court of Appeals intervened on Mick Pennisi’s own case in two recent developments that prompted the review of guidelines for Fil-foreign players.
Pennisi and Hatfield have been reinstated in the league. Pennisi has rejoined the Red Bull squad but Hatfield remains out of the country with no guarantee on whether he would return to play again in the league.
The new criteria on the suspended Fil-foreign players include stints in at least three PBA seasons and one game during the 2004-2005 campaign. They must be Philippine passport holders; played for the RP team in at least one international competition; and must have had a positive impact on the league prior to his suspension.
With these policies, Menk and Reavis were practically given amnesty for a return stint with Barangay Ginebra and Coca-Cola, respectively. Menk donned the national jersey in the 2002 Busan Asian Games while Reavis was with the national team in the Brunei Sultan Cup.
Although not among the six "Fil-shams" named by the DOJ in its investigation, Menk and Reavis had been suspended from the league for failure to submit necessary documentary requirements for Fil-foreign players.The requirements will be enforced for prospective Fil-foreign PBA applicants.
The board decision to reprieve suspended Fil-foreign players is likely to meet opposition from the homegrown players led by Marlou Aquino.
Even before the board made this decision, Aquino has been saying they would bond together and seek help from the Senate, particular the Senate committee on games, amusements and sports under Senator Lito Lapid.