in theory they can stop PBA players under contract since they are bound to that contract, I think there is no precedence to this? (active PBA player signed by another league) hence the lack of rules regarding contract buyouts. The closest would be the myth regarding Abbarientos' supposed NBA stint
No rules but there was a precedent. When the MBA was formed in 1998, several PBA players with existing contracts opted to leave their PBA teams and move to the MBA. Guys like Ato Agustin, Jack Tanuan, Bong Ravena, among others, came to play for the initial staging of the MBA.
The influx of former PBA players to the MBA didn't exactly require any form of threat from then Commissioner Bernardino. It was "free will," that despite the same rules governing then, no pressure was given to the ex-PBA guys. They even welcomed them back, like Agustin who suited up for Red Bull in 2000.
To my understanding, there is no law that prohibits the PBA from imposing such sanctions to players unwilling to join the draft. However, this may still be contested in the courts if ever a player opts out of the PBA and joins another league without informing the league officials. A lawyer can question the legality of the rule as a violation of one's right to earn a living.
To my mind, the PBA is clutching on thin straw at this point, not knowing how to run the league. It is no secret that the rookies have a major impact on the success of the league as evidenced by several precedents in the past (the entry of Alvin, Benjie, Jolas, Bong, Jerry, Ronnie, etc. in 1988-89, the entry of the 1991 national team members of Johnny, Marlou, Ravena, Pablo, Meneses, Limpot, Solomon, etc., the entry of the Fil-Fors and Fil-Shams from 1998 to 2001, the Gilas 1.0 arrival in 2011, etc.). The PBA can only be salivating with the prospects of having the top guns from the amateur ranks coming in and boosting the league's sagging popularity. These are players with instant name recall - the likes of Thirdy, Kobe, Kai, Edu, Juan, etc. - and they have so much appeal that can bring in the young fans to watch the pro league.
It's this point of desperation that's driving league officials from coming up with one stupid move after another. That rule on banning eligible applicants from joining the PBA is an indication - perhaps worried that the MPBL (a lousy league actually) may steal some of those players away from them. Curiously though, they singled out as one reason why amateur players are dodging the draft is because they may not exactly want to play for a particular PBA team.
Which is the root cause of the problem that Marcial should focus on - and not on the amateur players. Why can't Marcial focus on the greater issue at hand - why is it that some applicants do not want to play for certain teams? What's the difference of their max salary with another team's max salary (to quote WSU)? Why would players opt to check who's on the pecking order of the draft first before making a move?
From 1985 up to the 2000's, this was totally unheard of. Rookies would only be glad to jump in and join the PBA, regardless of which PBA team. There may have been some exceptions, but it wasn't because of the team per se. Romy DL Rosa wanted to play for Shell in 1989 because the Turbo Chargers was willing to give him a Php 70k salary while he was still practicing with them in the pre-draft, higher than the actual offer of Añejo Rum at Php 60k. Same with Vic Pablo who wanted the max of Php 100k but Ginebra was only willing to give him Php 90k. While both times it was Ginebra, it wasn't because DL Rosa and Pablo didn't want to play for the team, but because there were better offers elsewhere.
Today, you have teams like Dyip and Blackwater willing to give the rookie max contract at 3 years to the top draftees but curiously, the young turks won't bite. Parks did so but he was eventually shipped to TNT (note how the PBA called this the "Bobby Ray Parks rule"). Why? Shouldn't that be the primary concern of Marcial instead? Doesn't it make sense that he'll channel his time and resources on something he can control (as part of the PBA family) instead of factors he cannot control?
Until these amateur players apply for the draft, that's the only time the league has control over them. Anything before that isn't. And what's even laughable is that, according to Marcial, players with expired contracts who opt to sign up for a foreign league should seek permission / approval or inform the PBA about it. Why? The only thing that any PBA team has on a player is the right of first refusal - meaning, if he comes back, his last team would be the one to decide if he gets to play for them or be traded to another team. It's a thinly-veiled threat that has no bearing, no teeth, and absolutely ridiculous.
But then again, there wasn't a time in PBA history when this league was doing so bad. There wasn't a time in PBA history when the league had a myopic Commissioner who only looks at the day-to-day operational tasks and not from the strategic standpoint. And yes, there wasn't a time in PBA history when the league was genuinely threatened of not having these quality amateur players looking at them as top priority.
Clutching on thin straw, indeed....
