. .. 
THIRTEENTH CONGRESS OF THE REPUBLIC } 
OF THE PHILIPPINES 
Second Regular Session 
5 NOV 16 P3:.:5 
pl 
RECEIVED BY :- 
S. B. No. '$J!?6 
3 
E 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article II, Section 17 provides: 
The State shall give priority to education, science and technology, 
arts, culture, and sports to foster patriotism and nationalism, 
accelerate social progress, and promote total human liberation and 
development. 
The illegal use of anabolic steroids, performance enhancing substances, controlled 
substances by pr'ofessional and amateur or collegiate athletes poses a significant public health 
and safety concern not only for the players on the field, but also for the general public. As long 
as athletes believe the use of these products is necessary to gain a competitive edge and secure 
recognition in the professional leagues, there will be incentives for aspiring athletes to use these 
products to attempt to reach higher levels of competition. 
The detrimental health effects of these substances are well-documented including stunted 
growth, scaning acne, hair loss, hormonal and metabolic imbalances, liver damage, a higher risk 
of heart attack and stroke, dramatic mood swings, and violent tendencies. The list of substances 
must be frequently monitored and updated because the list of performance-enhancing substances 
continues to expand and new substances are always being developed, 
The tolerance of the use of performance enhancing substances by professional and 
amateur athletes by the sports leagues send the wrong message to youth that these drugs must be 
used to advance in athletic competitions. 


SENATE 
OW ICE OF THE SECRETAM 
THIRTEENTH CONGRESS OF THE REPUBLIC } 
OF THE PHILIPPINES 
Second Regular Session 
S.B.No. 
SEN4?i%3 
c? 
RECEIVED EY: 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO ESTABLISH AND ENFORCE STANDARDS FOR TESTING FOR THE ILLEGAL USE 
OF PERFORMANCE ENHANCING SUBSTANCES AND OTHER CONTROLLED 
SUBSTANCES IN PROFESSIONAL AND AMATEUR OR COLLEGIATE SPORTS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled, 
SECTION 1. Short Title. - This Act shall be known as the “Professional Sports 
Responsibility Act of 2005.” 
SECTION 2. Definitions. - For purposes of this Act, the term 
(A) “Accreditation Body” - means the private nonprofit organization authorized under 
Section 4 to audit, inspect, and certify professional and amateur or collegiate leagues. 
(B) “Off-Season” - means the period of time in each calendar year outside of the season 
of play for each professional or amateur or collegiate league. 
(C) “Professional Athlete” - means an individual who competes in a major professional 
league. 
(D) “Amateur Athlete” - means an individual who competes in a major amateur or 
collegiate league 
(E) “SEASON OF PLAY” - 
(1) IN GENERAL - for each major professional or amateur or collegiate league 
means the period of time in each calendar year beginning with the date on which 
professional and amateur athletes of that league are collectively obligated to 
report to their teams in preparation for play and ending with the last game of the 
league’s regular season. 


(2) “POST-SEASON” - The season of play shall include post-season play for an 
athlete who is a member of a team that remains active in post-season play. 
SECTION 3. Standards for Testing for Performance-Enhancing and other Controlled 
Substances. - 
(A) In General - Not later than 180 days after the date of the enactment of this Act, the 
Philippine Sports Commision (PSC) shall issue rules requiring the testing by all 
major professional and amateur or collegiate leagues for the illegal use of steroids 
and other performance-enhancing substances and any substance designated as a 
controlled substance under the Dangerous Drugs Act. Such rules shall be issued with 
regard to each specific major professional and amateur or collegiate league and at a 
minimum establish - 
(1) the minimum number of times each professional athlete should be tested for 
prohibited substances during a calendar year, ensuring that tests are conducted 
at random intervals throughout the season of play and during the off-season; 
(2) the applicable prohibited substances for which professional athletes shall be 
tested, 
(3) a method of testing and analysis which guarantees that - 
(a) the tests will be administered by an independent party who is not an 
employee of a major professional and amateur or collegiate league, 
member team, or organization representing professional or amateur 
athletes in that league; and 
(b) the determination of the persons to be tested, and the timing and 
frequency of testing, is not controlled by the major professional and 
amateur or collegiate league; 
(4) a means for exempting particular substances that have legitimate medical or 
therapeutic use, if such use is for a documented medical condition of the 
professional or amateur or collegiate athlete; 


(5) sufficient penalties for any professional or amateur or collegiate athlete who 
tests positive for a prohibited substance and penalties for any professional or 
amateur or collegiate athlete who refuses or fails to submit to a required test; 
(6) an adequate appeals process; and 
(7) procedures for publicly disclosing the identity of any athlete who tests 
positive for a prohibited substance. 
SECTION 4. Authorization of Independent Accreditation Body and Ceytzjkation. - 
(A) Accreditation Body - The PSC shall authorize a private organization to be an 
accreditation body for the certification of major professional leagues. Such accreditation 
body shall - 
(1) audit a major professional or amateur or collegiate league's testing protocols 
and policies with such frequency as the PSC shall determine; and 
(2) with such frequency as determined by the PSC, inspect the testing of a major 
professional and amateur or collegiate league of its athletes to ensure that the 
testing procedures meet the standards established under Section 3. 
(B) Certification Requirements - 
(1) Certification - The accreditation body shall certify a major professional or 
amateur or collegiate league each year prior to the beginning of that league's 
season'of play if such league has adopted and enforced a policy for the testing 
for the illegal use of performance-enhancing substances and other controlled 
substances which meets the standards established under Section 3, 
(2) Application and Requirements for Certification - To be certified under this 
section, a major professional or amateur or collegiate league shall - 
(a) submit an application to the accreditation body in such form and 
manner as the Attorney General shall prescribe and describes the 
characteristics of the major professional or amateur or collegiate 
league's prohibited substance testing protocols, policies and 
procedures, including: 


(i) the number and types of tests for prohibited substances 
conducted in a calendar year, including the actual number of 
professional athletes tested; 
(ii) the methodologies used for administering tests and other 
procedures employed; 
(iii)the qualifications, educational background, training, and 
experience of the lab personnel selected to evaluate the tests; 
and 
(iv)adjudication policies and procedures, including policies and 
procedures governing an appeals process. 
(b) provide the accreditation body satisfactory assurances that the major 
professional or amateur or collegiate league will be operated in 
accordance with standards issued by the PSC under Section 3; and 
(c) agree to permit inspections by the accreditation body and to make 
available any records and submit reports to the accreditation body as 
the PSC may reasonably require. 
(C) Suspension and Revocation - The certification of a major professional league issued 
under this section may be suspended or revoked if the accreditation body finds, after 
reasonable notice and opportunity for hearing of the owner or operator of the major 
professional and amateur or collegiate league, that such owner or operator or any 
employee of the major professional or amateur or collegiate league - 
(1) has been guilty of misrepresentation in obtaining the certification; 
(2) has failed to comply with the requirements of this section or the standards 
established under section 3: 
(3) has failed to comply with reasonable requests of the accreditation body for 
any information or materials that the accreditation body concludes is 
necessary to determine the major professional and amateur or collegiate 
league’s continued eligibility for certification; gr 


(4) has refused a reasonable request of the accreditation body to inspect the major 
professional or amateur or collegiate league and its operations and pertinent 
records. 
(D) Report - The accrediting body shall report to Congress whenever a major 
professional league fails to receive certification under subsection (B) or a major 
professional and amateur or collegiate league's certification is revoked or suspended, 
under subsection (C). The report shall include the reasons for which the league was not 
certified or for which its certification was revoked or suspended. 
SECTION 5. Penalties. - Beginning one year after the date on which the final rules 
required by section 3 are issued, the PSC may penalize, by withdrawing its permit to operate, any 
major professional and amateur or collegiate league that fails to adopt and enforce testing 
policies and procedures consistent with such rules. 
SECTION 6. Separability Clause. - If any provision or part hereof is invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 7. Repealing Clause. - All acts, decrees, orders, executive orders, instructions, 
rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in two (2) national newspapers of general circulation. The publication shall not be 
later than seven (7) days after approval hereof. 
Approved,