Special commission has power to suspend

MANILA, Philippines - The three-man FIBA special commission formed to broker a “modus vivendi” between the SBP and BAP has the power to suspend the Philippines if that is the only course of action available in a situation where no resolution is in sight.

The special commission made up of FIBA secretary-general emeritus Borislav Stankovic, former FIBA president Dr. Carl Men Ky Ching and legal counsel Ken Madsen will meet with representatives of both organizations starting tomorrow at the Hotel Movenpick in Geneva.

SBP vice chairman Ricky Vargas and executive director Noli Eala left for Geneva last Friday. SBP chairman Oscar Moreno, president Manny V. Pangilinan, POC chairman Rep. Monico Puentevella and lawyer Marievic Anonuevo are scheduled to leave tonight.

BAP chairman Rep. Luis Villafuerte, president Prospero Pichay, executive vice president Christian Tan and lawyer Bonifacio Alentajan are expected to attend the meetings in the former NSA’s behalf.

FIBA secretary-general Patrick Baumann formed the special committee “to mediate between the parties involved and to seek a solution to the ongoing conflict in Philippine basketball.” The committee was assigned “to review alleged claims of non-compliance by one of the parties with the Bangkok Agreement and the status and subject matter of domestic court cases” related to the battle for recognition between the SBP and BAP.

The FIBA Central Board, in a resolution last May 22, empowered the special commission “to take decisions it deems appropriate.” The interpretation is the special commission may suspend the Philippines if that is its decision. The Philippines has been suspended thrice before by FIBA for politically-related issues.

The special commission will call the meeting to order tomorrow morning in the presence of the SBP and BAP representatives. In the afternoon, the SBP will meet the commission separately. The next morning, it will be the BAP’s turn to meet the commission separately. That afternoon, the commission will confer with the SBP and BAP to mediate a solution. On Wednesday morning, the SBP and BAP will meet – without the commission – to agree on a “modus vivendi.” In the afternoon, the special commission will meet with the BAP and SBP to determine if a solution has been found. If none, the commission will deliberate on its own and announce a decision by 6 p.m.

FIBA required the SBP and BAP to submit written papers arguing their case last Friday.

The SBP position clearly indicates it has followed legal procedures in establishing a duly elected Board and officers after a thorough accreditation process of legitimate voting stakeholders. The SBP is recognized not only by FIBA but also by the POC as the NSA for basketball and enjoys the support of every major Philippine league, including the PBA, PBL, Liga Pilipinas, UAAP and NCAA.

The SBP was taken aback when FIBA formed the special commission on the basis of complaints hurled by the BAP which has been left out of the Philippine basketball equation because of an alleged lack of significant constituency. FIBA reportedly decided to constitute a special commission because the BAP wouldn’t stop badgering the Geneva head office for attention and calling on old-time allies from FIBA-Asia for support.