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News (Media Awareness Project) - Philipinnes: PBA All Set To Battle First Legal Case Filed By
Title:Philipinnes: PBA All Set To Battle First Legal Case Filed By
Published On:2003-07-08
Source:Manila Bulletin (The Philippines)
Fetched On:2008-01-20 02:12:33
PBA ALL SET TO BATTLE FIRST LEGAL CASE FILED BY PLAYER

THE PHILIPPINE Basketball Association is expected to throw the book on
Norman Gonzales after the Talk 'N Text forward went to court to challenge
the indefinite suspension slapped on him as well as the entire drug-testing
program - a move unprecedented in the pro league's history.

Saying he is saddened by the latest development in the league's long-drawn
drug controversy, Commissioner Noli Eala, who was named a respondent by
Gonzales' lawyer, said yesterday the league is ready to address the case -
both in court and off it.

"I will not talk about the merits of this case because it's already in
court. But this I must say, the PBA has ways of dealing with this kind,"
said Eala sternly.

Gonzales, one of six players slapped suspensions by Eala after testing
positive in a massive drug crackdown in the league, sought a temporary
restraining order from a regional trial court in Angeles City to challenge
both Eala's decision and the league's drug-testing program.

The 6-3 forward and his legal counsel, Efren Hipolito Jr., contend that the
league's mandatory drug tests go against the constitutional rights of
players against self-incrimination.

It marked the first time in the 29-year history of Asia's first
professional cage league that a player had hauled the PBA to court - a move
commissioners before Eala have frowned at in the past.

The only other time the league had to deal with a court case was in 2000
when Tanduay, unhappy over the sanctions meted on the team regarding the
Sonny Alvarado case, sought a TRO from a Manila court against the league
and former commissioner Jun Bernardino.

Tanduay withdrew its petition and was later fined R2.5 million by
Bernardino - the biggest ever meted a team in the league.

Already Eala has shown that he shares his predecessors' resolve that league
matters should be settled within the league.

"Basically, we settle everything within the PBA which has policies and
guidelines for such. And historically, no court case against the PBA was
welcomed positively.

"And as before, the league is ready to answer his allegations," he said.

While saying that league lawyers are already working on the case, which is
set to have its preliminary hearing today, Eala lamented that the court
action has set back whatever gains Gonzales has made in having the
indefinite suspension lifted.

"I'm saddened, but not suprised, by this turn of events," Eala, also a
lawyer, said. "It's a sad thing because this filing of a lawsuit against us
set back, in a major way, the positive developments of our evaluation
process on Norman's case.

Eala said he received a copy of the case last Friday, barely days after a
communication from Talk 'N Text informed him that Gonzales was already
undergoing rehabilitation.

"That is why the PBA had been evaluating his case. But now this? I've
already told them that we do not allow resolution of differences outside
the PBA process," Eala said.

Team officials said the the organization had no hand in the filing of the
case, and had in fact tried to dissuade the cager from doing so.

Aside from Gonzales, also serving out drug-related suspensions are Jun
Limpot of Barangay Ginebra, Davonn Harp of Batang Red Bull, Noli Locsin and
Long David also of Talk N'Text and Dorian Pena of San Miguel Beer.

All the suspended players maintain their innocence but so far, it is only
Gonzales who pushed through with his threat to go to court.
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