Rivera: Solidarity, not defiance

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Rivera: Solidarity, not defiance
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Every organized sport, from the local league to the Olympics, has non-negotiable rules, like a player’s age limit, grades, or the collective whole of competition protocols. These rules are the backbone of the sport, ensuring every game is legitimate and balanced.

Recently, a quiet gesture during a championship game warm-up was construed as an act of defiance. A team was seen wearing the shirts of another team from the same school, intending to show solidarity after the latter was barred from continuing in the competition due to a violation committed by one of its members that led to the team’s disqualification.

In truth, the act was neither disruptive nor prohibited. No official uniform was modified. No game protocol was violated. No political, commercial, or protest message was displayed. Yet the response it drew raises a deeper question familiar to both sports law and administrative law: when does expression cross the line into sanctionable conduct?

In sports jurisprudence, the principle of legality is foundational. Athletes and institutions may be sanctioned only for conduct that is clearly and expressly prohibited by written rules or duly issued directives. This mirrors a basic tenet of due process: behavior that is not forbidden in advance cannot later be punished by implication, inference, or after-the-fact interpretation.

Philippine sports and education law follow the same logic. Under the Implementing Rules and Regulations of Republic Act 11470, the National Academy of Sports’ board of trustees is empowered to enact rules, including Operations Manuals and Student Handbooks with codes of conduct, to govern student-athletes. This is understood simply that discipline must be anchored in written, accessible, and previously issued rules. Student-athletes are entitled to know, ahead of time, what constitutes a violation.

Absent a specific regulation barring symbolic apparel during warm-ups, such as a shirt worn only during pre-game drills and removed before the ball tip-off and official start of play, there is no basis to treat such conduct as a violation.

This principle aligns with long-standing Philippine doctrine on student discipline. In Ante v. UP Student Disciplinary Tribunal, G.R. 227911, March 14, 2022, the Supreme Court reiterated that before penalties may be imposed, there must be clear rules and observance of minimum due process standards, including notice, opportunity to be heard, and evaluation of evidence. Discipline, even in educational and athletic settings, cannot be arbitrary. It must be rule-based and fair.

Equally important is the role of intent. May it be through academic, administrative or sport systems, intent helps separate misconduct from benign expression. In the language of sport, we distinguish between unsporting behavior, protest actions, and team solidarity rituals. Not every symbol is oppositional. Not every expression is a challenge to authority.

A warm-up shirt bearing no political message, no commercial branding, and no slogan of dissent does not automatically become a protest simply because it is noticed. Where there is no attempt to influence officiating, disrupt protocols, or pressure decision-makers, such expression functions less as defiance and more as internal team acknowledgment.

Within this framework, context matters. A gesture made in support of fellow university students from another campus, directed inward, within a shared institutional community, cannot reasonably be equated with protest coupled with a notice of explanation.

There should have been no finger-pointing as to any supposed “mastermind,” no berating of the coaches, no undermining of the players, and no issuance of a notice to explain. The act was purely a form of expression, quiet, non-disruptive, and devoid of any intent to defy authority or provoke sanction.

In sports-law terms, this was symbolic team expression during a non-playing period, not unsporting conduct.

Against this backdrop, it bears repeating: punishing an entire team for the violation of a single member, particularly when the other players had no participation, knowledge, or control, is plainly unjust. Collective sanctions erode fairness and morale and are imposed only in the clearest and most exceptional circumstances.

The team in the championship game was neither endorsing any violation nor challenging the ruling that affected their fellow athletes. They were simply expressing support for a separate team that suffered the consequences of a decision directed at an individual member. Treating that gesture of solidarity as sanctionable conduct would represent a sharp departure from the organization’s own disciplinary tradition.

After all, isn’t this season’s theme rooted in “a legacy built, a future inspired”?

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