BAP played on wrong court — Elizalde

Frank Elizalde said yesterday basketball is gone for good in the 23rd Southeast Asian Games.

"Wala (none). It’s impossible," the International Olympic Committee representative to the Philippines said yesterday when asked if there’s still any chance for the Filipinos’ favorite sport to be played in the coming Games.

Elizalde guested in yesterday’s PSA Forum where he hinted that there’s no immediate solution to the problem between the Philippine Olympic Committee and the Basketball Association of the Philippines.

He said the BAP bringing the case to court, where it got a favorable ruling against the POC, is not the answer. In fact, it has even brought the Philippines in danger of being suspended by the IOC.

"The BAP is taking the wrong path here. The fact now is that we are dangerously close to crossing the line of the Olympic Charter," said Elizalde, who branded the Nov. 17 court decision as government intervention.

But the BAP, in a statement, said "there is absolutely nothing in the IOC charter that prohibits the BAP from seeking justice from the local courts."

To support BAP’s position, BAP president Joey Lina referred to the IOC Manual on Sport Administration, which mentioned four possible ways of resolving the present disputes similar to that between the POC and the BAP as follows, among them "a party may take its dispute to the ordinary courts, provided that such courts have the jurisdiction to deal with the issue."

The manual also added that "tribunals of sports federations cannot exclude recourse by the unsatisfied party to the state courts."

In its decision, the Manila Regional Trial Court ordered the POC to recognize and reinstate the BAP so FIBA, the world’s governing body in basketball, would lift its suspension on the Philippines.

The BAP has insisted that its reinstatement in the POC, temporary or otherwise, will pave the way for the inclusion of men’s and women’s basketball in the SEA Games which officially begins in four days.

Elizalde said instead of going to a civil court, the BAP should have gone to the Court of Arbitration in Sports, considered the Supreme Court of sports disputes. It is based in Lausanne, Switzerland,

The CAS is an independent institution that was created in 1983 to settle sports-related disputes, including last-instance decisions taken by the tribunals of sports organizations, federations or associations.

Elizalde said when the controversy broke out last March, FIBA secretary-general Patrick Baumann reportedly told the BAP to bring the case to the CAS for proper arbitration. Apparenty, it was not followed.

"The BAP never made this move. And now that it is in (another) court, the situation is not in keeping with the Olympic Charter. It’s possible for the Philippines to be suspended by the IOC. And I’m serious in saying this," said Elizalde.

"The BAP is making a mistake that could prejudice Philippine sports. He (BAP president Joey Lina) should have gone to the CAS months ago. I really think this is the last gasp of the BAP," Elizalde added.

The IOC official did not look or sound surprised when asked during the forum if he has any bias against the BAP.

"I voted to expel them," he said.

Pointing to the reporter who asked the question, he added: "You go and ask the IOC and they will answer you the same way. And if I may ask, what is the FIBA position on this case? Did they approve it (case being brought to the civil courts)? I’d like to find out just the same."

Named as respondents in the case were POC president Jose Cojuangco, chairman Robert Aventajado and secretary-general Stephen Hontiveros. The other day, the BAP filed a petition for contempt against them for defiance of the court order.

"The court can do whatever it wants. They can even arrest Mr. Cojuangco. But I’ve already talked to the three of them and I’ve told them that I’ll visit them if they land in jail," said Elizalde in jest.