BAP president Joey Lina said the POC cannot invoke the IOC prohibition when the rights of individual or group are violated.
Lina claimed that the BAP’s rights were violated when it was expelled by the POC last September.
He cited Article V, Section 7 of the POC charter which states "that an NSA can only be expelled following a hearing for non-payment of annual subscription, expulsion of the NSA by its IF (international federation) and infringement of the constitution and by-laws."
Lina said the BAP was not given a day in court, was never remiss of payment of dues, did not violate the POC charter and most, importantly, was not expelled by FIBA."
"On the contrary, FIBA has been on our side since the start of this controversy," Lina stressed.
Reacting to the warning raised by IOC representative to the Philippines Frank Elizalde that the country may be suspended from all international competitions, Lina said Elizalde should help the BAP convince the POC to lift the suspension so that basketball can be played in the Games.
"It’s not too late for Mr. Frank Elizalde (the IOC representative to the Philippines) to act as the savior of basketball in the SEA Games. He can try to convince the POC to reinstate the BAP," said Lina.
Lina appreciated Elizalde’s concern, but wished that he could have acted earlier.
"As IOC representative to our country, and as member of the POC, Mr. Elizalde could have lent the stature of his offices, even on an unofficial basis, to mediate, conciliate, or arbitrate in the controversy between the POC and the BAP which had been brewing for a long time, " he stressed.
The former senator, who co-authored the law that created the Philippine Sports Commission (PSC), said BAP’s repeated appeals have fallen on deaf ears, forcing the cage body to seek redress from the courts.
"By remaining firm in its decision to expel the BAP despite FIBA’ declaration on the contrary, the POC is depriving, not only our players and our team to play in a regular SEA Gamescalendar of event earlier approved by the SEA Games Federation Council, but other players and teams from other countries as well," Lina stressed.
"And most importantly, the POC is depriving the thousands or, perhaps millions of fans to watch our players and team battle against the best in the region for supremacy."
Lina said the FIBA has spoken and the court has handed its decision, leaving the ball in the hands of the BAP.
"Ang POC na ang bahala kung susundin nila ang batas o hindi. Kuna ayaw nilang sumunod, sila ang bahalang managot sa sambayanang Pilipino na matagal naghintay na mapanood ang kanilang kababayan na manalo ng isang international championship," Lina said.
Lina dismissed fears that the country might be suspended by the IOC.
"So the people may know, it is the POC which started all these problems. The problems arose from the time it expelled the BAP illegally," he said.
By going to court, Lina said the BAP was merely voicing the clamor that basketball be played in the SEA Games.
"There was no government intervention. The court simply re-emphasized what the FIBA has been saying all the while, that the BAP is the only body it recognizes," he said.
Lina said the court only echoed the sentiments of the Filipino people who want their national team defend the SEA Games basketball championship it won 13 times since 1977, five of them in an uninterrupted fashion starting in 1991.
