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Thursday, June 30, 2005
Oyson: Asi Taulava is a Filipino after all
By Manuel N. Oyson, Jr.
Counter Punch
The perseverance and faith of Asi Taulava in the Philippine justice system in questioning the deportation order filed against him by the Department of Justice and the Bureau of Immigration through summary proceedings has paid off.
The DOJ is now permanently enjoined from permanently deporting Taulava.
The Fil-Tongan can now play for the Talk N’ Text Phone Pals without restraint against San Miguel Beer tomorrow at the start of the Grand Matador Fiesta Conference finals.
The three members of the CA Seventh Division dismissed the appeal of the DOJ from an earlier decision of the Manila Regional Trial Court, permanently enjoining the government from deporting Taulava.
Earlier, the Senate Committee on Games, Amusements and Sports headed by then Sen. Robert Barbers, after lengthy hearings, in aid of legislation, ordered the BID to immediately undertake summary proceedings against Taulava.
REGULARITY. The 6-foot-9 TNT man mountain allegedly failed to prove his citizenship. He allegedly falsified the birth records of his mother, Pauline. Asi was in fact one of six Fil-Ams who were recommended for deportation. Two of them voluntarily left.
The rest, like Taulava, opted to go to court. Because of the DOJ ruling, the PBA suspended Taulava from playing in the current conference.
He was not allowed to suit up in the last four games of the PBA Philippine Cup finals against Barangay Ginebra last February. Ginebra won the series eventually.
Associate Justices Portia Alino Hormachuelos, Vicente Roxas and Rosemarie Carandang declared that “Taulava’s natural-born citizenship was already recognized by the BID’s Board of Commissioners, which enjoys the presumption of regularity in the performance of their duties.
DIRECT ACTION. It said that anyone who questions his (Taulava’s) citizenship has the burden of proving his allegations, through a direct action for its nullity. “This can only be done by filing an appropriate action in a court of competent jurisdiction because, in our jurisdiction, an attack on a person’s citizenship may only be done though direction action for its nullity.”
The CA ruling affirmed an earlier decision of the Manila RTC, stopping the DOJ and the BID from proceeding with the review and ordering his deportation.
Judge Romulo Lopes of Branch 34 said that the DOJ cannot “denationalize” Taulava on the basis of inconclusive pieces of evidence, which were gathered without affording him his day in court. From that ruling, the government appealed.
When the DOJ announced that it would investigate him for falsification of public documents with respect to his birth records, and knowingly making untruthful statements he made in his affidavits, Taulava assailed justice secretary Raul Gonzalez.
SNAG. Through his lawyer, Asi asserted that Gonzalez cannot hold an impartial preliminary investigation in his case because the latter has shown extreme and well-documented bias against him.
Gonzalez reportedly made pronouncements asking that he be summarily deported for faking his citizenship papers.
Asi’s wish to return to the court has encountered a temporary snag, though. PBA commissioner Noli Eala said that Asi would only be reinstated once the DOJ retracts its earlier ruling that he faked his papers to gain Filipino citizenship.
Taulava’s desire to play in the 2008 Olympic Games in Beijing may now be on track. But first and foremost, the national team must first hurdle the Asian Basketball Conference Championships in 2007 to be hosted hopefully by RP or make it to the World Basketball Championships in Saitama, Japan next July.
Taulava was drafted by the PBA in late l999. He holds a Philippine passport and was a member of the national team to the Busan Asian Games in 2002.
QUOTE OF THE DAY: “I’m not as slow as Luc Longley. I’m more athletic. I can shoot better. I’m more competitive. So, I think it’s not even fair to bring that name up.” - Andrew Bogut, a 7-footer from Australia who was the No.1 draft pick in the NBA, after being compared to Longley, another Australian, who won three championship rings with the Chicago Bulls
(mno@sunstar.com.ph)
(June 30, 2005 issue)
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