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Friday, January 28, 2005
Ray of hope for Taulava
The Quezon City Regional Trial Court has ordered the PBA to recall its suspension of Asi Taulava and allow the Filipino-Tongan to suit up anew for Talk ‘N Text.
In a statement sent by Taulava’s counsel Eduardo Francisco, it was learned that Judge Rogelio Pizarro of Branch 222 of the QCRTC has ordered the PBA to allow Taulava to resume his exercise of his contractual rights, “including his right to play in the current All-Filipino Conference and succeeding conferences of the PBA.”
Pizarro said the ruling stays further orders from the court unless restrained by a higher judicial authority.
Not available
PBA Commissioner Noli Eala, a lawyer himself, was unavailable for comment.
Talk ‘N Text clinched the first finals seat of the All Filipino and will meet either Ginebra San Miguel or San Miguel Beer.
Taulava was barred from playing in the PBA on Oct. 19, 2004 after the Department of Justice (DOJ) and the Bureau of Immigration (BI) ruled he is not a Filipino.
The BI likewise ordered his deportation, along with four other alleged half- Filipinos, but Taulava secured a permanent injunction against his deportation.
Francisco said the court took cognizance of their amended petition because of supervening events that took place from the time the court turned down two earlier petitions by Taulava for the issuance of a temporary restraining order (TRO) on the PBA’s suspension order and the time that they filed their amended petition.
One of the supervening events, according to Francisco, is the Jan. 6, 2005 ruling of the RTC of Manila that stopped the DOJ and the BI from stripping Taulava of his Filipino citizenship.
Violation
“The suspension violated his constitutional rights to due process and his contractual rights with
Talk ‘
N Text since the suspension was anchored on a mere DOJ resolution that questioned Taulava’s citizenship,” Francisco said.
Francisco said the Manila RTC ruling is clear that the DOJ ruling “was nothing more than an accusation that has yet to be proven in court.”
“Taulava remains a Filipino until proven otherwise in court,” he said.
Francisco believes Eala would have no choice but to let Taulava play again.
Taulava was first recognized as a Filipino by the BI in 2001 and affirmed by the DOJ under then Secretary Hernando Perez.
He is married to a Filipina with whom he has two children.
He played for the Philippine team in the 2002 Asian Games and was the 2003 PBA season’s Most Valuable Player. (PNA)
(January 28, 2005 issue)
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