MANILA, 12 September 2003 — All indications are pointing to an amicable settlement between sit-out player Bong Hawkins and Federal Express.
Hawkins, a vital cog in the Alaska team’s amazing title run in the 90s until he was traded to the disbanded Tanduay ballclub and then was shipped yet again to FedEx, wants to play and resume his career in the Philippine Basketball Association (PBA).
This time, the issue may no longer be settled in court after Hawkins’ camp, through a formal letter submitted to league commissioner Noli Eala and the PBA board last Aug. 14, expressed their willingness to enter into an amicable lump-sum settlement that would be mutually acceptable to FedEx and Hawkins.
The 6-foot-3 forward’s camp has expressed its willingness to enter into a fair and amicable settlement with, Airfreight 2100, franchise owner of FedEx in the PBA, and with whom his long-drawn contract dispute has yet to be resolved.
FedEx had also expressed its willingness to a compromise with Hawkins after the veteran cager reportedly agreed to settle his contract for 4 million pesos.
Airfreight 2100 president Angelito Alvarez said he had already received Hawkins’ letter, confirming the settlement offer.
“I got the letter just this week. Hopefully, by next week we could find a resolution to the case,” Alvarez said.
Hawkins’ manager Danny Espiritu said he is expecting the issue to be settled “soon”.
“We’re very friendly in our talks with FedEx, so in a matter of 10 days this problem will be over,” said Espiritu. “Bong is really itching to play again.”
Espiritu said he and Air 21 are working behind the parameters of between 3-5 million pesos.
“It’s more like adding one and subtracting one, so we’re looking of settling at 4 million pesos,” said Espiritu. “I want to play again,” said Hawkins. “So it’s better for us to settle this issue as soon as possible.”
Now nearing 36, Hawkins - a product of University of Perpetual Help-Rizal - said he still sees himself playing for at least two more years. Coca-Cola has a standing offer to him should he be able to settle his case with FedEx.
Hawkins has been inactive since last season, but is raring to play, and might just be able to come back anytime soon after the contract dispute is resolved.
Hawkins said he keeps himself fit by playing pick up games and scrimmaging with former PBA players. A deal soon would mark the end of a long-drawn battle with both camps threatening to go to court after failing to settle a dispute over Hawkins’ original contract with Tanduay, which FedEx absorbed after it bought the franchise from Lucio Tan’s group.
The Hawkins’ case stemmed from two different contracts he got from Tanduay and was subsequently inherited by FedEx.
FedEx tried to wriggle free from paying the amount by invoking an exit clause contained in a side agreement Hawkins had signed with Tanduay.
Eala and former PBA officer-in-charge Sonny Barrios ruled the side agreement was never part of Hawkins’ contract submitted to the Commissioner’s Office, making it mandatory for FedEx to pay the former Alaska stalwart the final half of his original four-year contract.
The PBA board of governors, however, upheld Eala’s order for Airfreight 2100 to honor the remainder of the 9.6 million pesos, two-year contract of Hawkins, forcing Air21 management to seek legal opinion outside the league.
Before last month’s board meeting, Hawkins wanted a 5 million pesos settlement fee, while Airfreight 2100 could only offer him 3 million pesos.
“Our lawyers are saying we have a good case. We have legal basis on this,” Alvarez had said.
However, a league insider said FedEx would be meted with a stiff sanction if it decides to bring the case out of the PBA confines. The veteran forward had earlier said he’s willing to wait a bit longer for a settlement he hopes would be amicable to everybody concerned.
Hawkins said he will not go to the legal courts to make FedEx pay what he and the PBA say is rightfully his. Instead, he would wait and see what the PBA Board’s decision would be to an upcoming appeal by Express management.
Eala had ordered FedEx to honor Hawkins’ contract with his former team Tanduay which guarantees the veteran cager a 400,000 monthly pesos salary.
Eala ordered FedEx to pay Hawkins the remainder of his contract the Express inherited when it bought the Tanduay franchise last year. The pact runs out this year.
FedEx had insisted that it simply would not be fair for them to renumerate the former Tanduay Rhum Master.
“It wouldn’t be fair to pay Hawkins another 9.6 million pesos for the next two years, even though the Federal Express quintet has paid the latter (Hawkins) more than 4 million pesos the past season,” said Airfreight 2100 chairman Bert Lina.
The FedEx alternate board governor said that the best they could offer to the 11-year PBA pro is just half of the 13.8 million pesos total package from his original four-year pact the Express assumed from Tanduay. Since FedEx already shelled out 4.2 million pesos last season, the Express are willing to release an additional 2.7 million pesos this year.
Reports have it that Tanduay offered two contracts to Hawkins with the first deal good for four years while the other has an exit clause after two years wherein Hawkins would be forced to renegotiate with Tanduay.
Citing some problems on the first contract, the Express opted to honor the second covenant, triggering a dispute that led to the decision of the Commissioner’s Office.
Despite the impasse, Lina remained optimistic that “there remains a light at the end of the tunnel.”
FedEx has already paid Hawkins 4.2 million pesos, but is only willing to shell out only 2.7 million pesos more. That forced Eala, who came in only this year, to step in and base his decision on a ruling made by acting commissioner Sonny Barrios last year. Hawkins has not seen action for FedEx since the latter declined to honor a side contract the player signed with his former team.
The side contract stipulates a four-year deal but with a clause that states either party has the option to renegotiate after 2002.
Eala remained firm that just in case the board of governors upholds his decision, Airfreight 2100 has no other recourse but to comply with it.
Eala upheld the decision of former PBA commissioner Jun Bernardino and ruled in favor of Hawkins, obliging the Express to pay Hawkins at least 400,000 pesos a month until the end of the 2004 season. Eala said the decision to favor Hawkins over FedEx “is a league commitment to all its players.”
He also warned of huge fines facing FedEx in the case the two-year-old team make good its threat to bring the Hawkins’ case to court.
FedEx’s predecessor Tanduay also got the ire of the league before.
Tanduay was also meted a record 14-million pesos fine after the league found out it violated the salary cap by offering its players with two contracts.
Hawkins’ case is just one of them, the first a four-year deal and the other with an exit clause where the former Perpetual Altas would be forced to renegotiate with the team after two years.
The PBA also slapped 2.5 million pesos in fines against Tanduay for getting a temporary restraining order (TRO) against the pro league’s decision on Earl “Sonny” Alvarado’s citizenship brouhaha on July 2000.



