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threatening not to watch the PBA but they are still very active in PBA discussion boards and are very much updated with the PBA happenings...nice!
Nardy,
I'm pretty sure this will be a long-drawn legal battle if ever Marcus Douthit would pursue a professional career in the PBA. My take on this is simple: while the PBA has the right to determine who's eligible to play for their league or not, if the said rule is actually deemed discriminatory, then it's up to the court to decide on this.
Douthit can opt to question the validity of the rule imposed by the league. Technically, Douthit, now a Filipino, has the same rights as any other Filipino like the right to vote and to own a piece of land. He's also eligible to seek employment opportunities anywhere he wants. If the PBA sticks to its rule of not allowing naturalized players, then Douthit can go to court and question this discriminatory practice.
The examples you gave above (school eligibility, private clubs, etc) are deemed legal because the eligibility reasons given are legal. One cannot enter a private club as this is privately owned and managed by all stockholders and members. One cannot just join any university or college if he doesn't pass the entrance exams. In both cases, even if these rules are questioned in court, it won't stand a chance.
However, the PBA's rule of banning naturalized Filipinos can be questioned. A naturalized Filipino automatically earns equal rights like any other Filipino, except running for an elective position. Hence, if the reason is deemed flimsy and trivial and violates the rights of a Filipino citizen for equal rights, then the Court may actually favor Douthit in this case.
Still, Moore and Engelland were eligible to play in the PBA when NCC disbanded in 1986 simply because there was no rule then that the PBA implemented on naturalized Filipinos. The rule came about only in the 90's, if I'm not mistaken. Hence, had the three opted to stay in Manila and play in the PBA, they had every right to do so. The rule on naturalized Filipinos though stood for some time simply because no one questioned its validity in court.
Chito Salud cited Norman Black and Bobby Parks as examples. But then, the example was wrong from the onset. Black and Parks never questioned this rule in court. Had they opted to battle this out legally, they would have stood a chance of winning the case. They also didn't question this as Black was close to retirement already while I don't know if Parks was given his naturalization papers.
This issue won't be a problem if Douthit won't opt to turn pro. This will give Salud a relief from any protracted legal battle that may ensue if Douthit insists on playing in the PBA. But if ever Douthit does express interest, unless the PBA changes its rule, then the only recourse for the 6'11 naturalized Filipino is to go to court and question this. My opinion is that the Court would favor him because Philippine laws will always take precedent over individual laws.
about Douthit turning pro in the PBA, im pretty sure that all rules will eventually be forgotten if Gilas manages to perform well(a championship or a at least an olympics stint) in the international scene. If that happens Gilas will have a Azkals-like media frenzy and the country would welcome all men with open arms. Such popularity will be hard for the PBA to pass up.
Yup everything would depend if Marcus question the PBA rule as being discriminating to him as a Filipino Citizen and if envokes his right against it.
But if MVP decides to buy a 'NEW' PBA Franchise and was given a right to bring along some 'amateur' players ..... am expecting Douthit to be one of these players and we'll see MVP confront the other PBA Team Owners regarding this matter. I am very sure a legal battle would actually happen. Remember when the NCAA Mancomm tried to disallow Yousif Aljamal from continuing playing for the San Beda Red Lions because Aljamal had applied for the PBA Draft which according to NCAA officials that time was in violation of NCAA Rules as Yousif needs to get permission first from both the school and the league itself. San Beda gotten the court to issue a TRO resulting on the NCAA giving in to San Beda and as a save face measure they handed down a not really 'damaging' suspension and fine on Aljamal.
That is what is worrying a number of the teams. Then there's the possibility of the influx of Naturalized Players which would mean more local players losing their chance in playing in the league. Another problem I can see is that the smaller teams might be worried if Naturalized Players are allowed, they might not be able to afford such players thus giving them less chances of being competitive.
Atty. Salud could be right, the league can restrict anybody to play or any company to join. Being a private organization, they can set certain rules and restrictions who will be eligible to play. The same way they implement minimum age, minimum number of college units, height limit for imports, trade appovals and others. Even if somebody will insist that being a naturalized Filipino he is intitled to his rights as stated in the constitution, but for the reason of parity and for the best interest of the league, the PBA can do something.
Lets talk about Douthit's case. Though he's already naturalized, but still he has no Filipino blood. It's against the PBA rule. That's the first requirent to be eligible to play as a local. To have at least a part Filipino lineage.
Okey, for the sake of arguement, let's assume he will be allowed to play as a local. What will be the implications? Do you think, this will be beneficial to the league? Consider the following:
1. Since he will be allowed to play as a local, of course he will start as a rookie. How about his salary? Don't tell me, from US$15K (if I'm not mistaken) he will accept a maximum pay for rookie which is only P150K for the first year, P225K for the 2nd year and P350K in his 3rd year? I don't think so! So another problem will arise on this. Rules will be broken again. This may cause another precedence.
2. The team which will draft him will really have a huge advantage. Just like having a 6-11 import playing against an all-Filipino crew with a tallest player of only 6-7. This will create an imbalance to the league. In the current conference, if the rest of the 9 teams who have a 6-4 import, find it hard to win against Douthit's team, how much more if it's an all local team?
3. If ever he will be allowed to play as a local, do you think that other teams will simply allow to become an underdog just because of him? Instead, they will also make a move to naturalize their own choice players and make sure that they (foreign players) can play for their teams. So instead of focusing their attention in searching and developing for new talents and local breeds, teams will now invest and throw their resources on possible players to be naturalized. This will deny, if not lessen the oppotunities for our home grown players. A mockery of the rule again will blow on this.
With those 3 points I've mentioned above, the interest of the league will be greatly affected. So how can the PBA allow Douthit to play as a local? If so, it will be another step forward to their downfall!
I like to note that this particular law granting Marcus Douthit Filipino Citizenship in unprecedented, because it gave him a special concession wherein Marcus would not lose his US Citizenship and he could retain his American Passport.
This might be the reason PNoy had a hard time signing it to law. Unlike in the past, for one to be Naturalized Filipino one of the requirements is that you have to denounce your original/current Citizenship in order for one to Pledge Allegiance to the Philippines. One cannot have two masters as per the Philippine Constitution.
But being a stand-alone law this could be done.
I wonder how a lot of Indians and Chinese would now feel as they were required to lose their original citizenships in order to become Naturalized Filipinos.
Nardy,
My opinion on this is that unlike before when a person being considered for naturalization is forced to denounce his other citizenship, this won't be applicable anymore. The passage of the dual citizenship law has paved the way for Douthit to retain his American citizenship status while also earning his right to become Filipino.
I may be wrong with this opinion but I believe this may be the reason why denouncement of original citizenship isn't necessary anymore.
Am not sure because my Chinese and Indian Friends who are now Naturalized Filipinos were told by the Department of Justice, Department of Foreign Affairs and the Bureau of Immigration that the Dual Citizenship Law (Republic Act No. 9225 / Citizenship Retention and Re-Acquisition Act of 2003) are not applicable to them as it is only for individuals who were a natural-born Filipino citizen but lost his/her Philippine citizenship due to naturalization as a citizen of a foreign country who may now apply for the Administration of Oath of Allegiance to the Republic of the Philippines.
Atty. Salud could be right, the league can restrict anybody to play or any company to join. Being a private organization, they can set certain rules and restrictions who will be eligible to play. The same way they implement minimum age, minimum number of college units, height limit for imports, trade appovals and others. Even if somebody will insist that being a naturalized Filipino he is intitled to his rights as stated in the constitution, but for the reason of parity and for the best interest of the league, the PBA can do something.
Lets talk about Douthit's case. Though he's already naturalized, but still he has no Filipino blood. It's against the PBA rule. That's the first requirent to be eligible to play as a local. To have at least a part Filipino lineage.
Okey, for the sake of arguement, let's assume he will be allowed to play as a local. What will be the implications? Do you think, this will be beneficial to the league? Consider the following:
1. Since he will be allowed to play as a local, of course he will start as a rookie. How about his salary? Don't tell me, from US$15K (if I'm not mistaken) he will accept a maximum pay for rookie which is only P150K for the first year, P225K for the 2nd year and P350K in his 3rd year? I don't think so! So another problem will arise on this. Rules will be broken again. This may cause another precedence.
2. The team which will draft him will really have a huge advantage. Just like having a 6-11 import playing against an all-Filipino crew with a tallest player of only 6-7. This will create an imbalance to the league. In the current conference, if the rest of the 9 teams who have a 6-4 import, find it hard to win against Douthit's team, how much more if it's an all local team?
3. If ever he will be allowed to play as a local, do you think that other teams will simply allow to become an underdog just because of him? Instead, they will also make a move to naturalize their own choice players and make sure that they (foreign players) can play for their teams. So instead of focusing their attention in searching and developing for new talents and local breeds, teams will now invest and throw their resources on possible players to be naturalized. This will deny, if not lessen the oppotunities for our home grown players. A mockery of the rule again will blow on this.
With those 3 points I've mentioned above, the interest of the league will be greatly affected. So how can the PBA allow Douthit to play as a local? If so, it will be another step forward to their downfall!
this is my take on your comments:
Point #1 : Previous PBA Players before already told that there are other benifits being given to star players or players that has good skills. The salary that was set is for document purpose only but I don't believed that the total salary/benefits of PBA players is complying on the salary rule. This practice is well known in other leagues as well like NBA and CBA.
Point#2 : Naturalization process is not that easy, The reason why Marcus papers was rushed and supported by congress and senate is because Marcus is going to play in our NT, which would give us a big boost to bring back the glory that we have in our no.1 sport. I would also like to say that there are hearings that needs to take place in congress and senate for such bills like naturalization. The only negative thing that i see on this, PNoy might sign naturalize players bill for his uncle Danding's PBA team.lol (possible but it would become a big issue if PNoy do such acts)
Point#3 : Its time for the PBA to make the competition higher. They should be open on setting the height of the imports to 6'8" - 7'0"+, It would make our players tougher. If you will see it would help local players, because they will play the position they really suit in. like SG/SF/PF. We will now see legitimate centers, and imports would not play the normal position of our locals which are SG/SF/PF. Remember fans like games that has full of actions like slam dunks and shot blocks. Believe it or not fans nowadays are looking for new things in PBA.
I doubt Douthit will apply to the PBA draft.
Remember that a rookie maximum salary is way way low compared to his monthly salary being a national player. He still need to wait 2 more years just to get the maximum salary of a PBA player but still its way low compared what he receive. And if ever he will apply to the PBA he need to drop his present salary because PBA will not allow it.
Douthit has been playing overseas as a pro. So this means that he's not eligible to join the draft, coz it's for amateurs.