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FOURTEENTH CONGRESS OF THE REPUBLIC) 
Second Regular Session 
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OF THE PHILIPPINES 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
This bill intends to protect the integrity of professional sports and health anit 
safety of athletes generally, with the objectives of eliminating performance-enhancing 
substances. It would establish a uniform random drug testing policy for professional 
athletes, with substantial fines imposed on sports organizations for falling to implement 
and comply with this policy. 
The drug tests are designed to detect and deter abuse of performance-enhancing 
drugs by competitors. The testing procedures for drug abuse in sport are strict and at 
times deemed unfair. They are deemed unfair because athletes are responsible for 
knowing what is banned despite the fact that additions are made almost daily to the list of 
banned substances. This has prompted researchers to recommend to athletes that the best 
possible solution is to avoid all drugs unless listed on the allowed substance list. 
It is also encouraged that drug tests should be conducted randomly because if 
athletes know when a drug test will occur, they can prepare for it and thereby neutralize 
the effects of drug testing on the use of performance enhancing drugs and/or masking 
agents. Year-round short-notice and no-notice testing are the most effective means to 
curtail the use of training drugs because they make athletes always at risk to be tested. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
Second Regular Session 
OF THE PHILIPPINES 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
MANDATING A UNIFORM RANDOM DRUG TESTING FOR PROFESSIONAL 
ATHLETES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. This Act shall be known as the “Professional Sports 
Integrity and Accountability Act of 2009”. 
SECTION 2. Dejhition of Terms. As used in this Act unless the context indicates 
otherwise, the following definition of terms shall be adopted: 
A. Commission - shall mean the Philippine Sports Commission. 
B. Off-season - shall mean for each professional athlete means the period o€ 
time outside the professional sports season. 
C. Professional Athlete - shall refer to an individual who competes in a 
professional sports league. 
D. Professional Sports Event - shall refer to any game, match, or competition 
conducted in the Philippines between any teams, clubs, or organizations of a 
professional sports league. 
E. Professional Sports League - shall refer to Philippine Basketball Association, 
Philippine Billiards Association, Professional Bowlers Association or other 
professional leagues duly-recognized by the Philippine Sports Commission. 
F. Professional Sports Season - shall refer to the period of time beginning on the 
date on which the athlete is eligible, invited, allowed, or required to report for 
practice or preparation to compete in a professional sports league and ending on 
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the later o the date of the league’s last regularly scheduled professional sports 
event of the date of the last professional sports event of the post-season in which 
the athlete is eligible, invited, allowed, or required to participate. 
SECTION 3. Prohibited Conduct. - It is unlawful for a professional sports league 
to organize, sponsor, endorse, promote, produce, or recognize a professional sports event 
without adopting and enforcing a testing policy that meets the requirements of section 4. 
SECTION 4. Drug Policy in Professional Sports. 
A. Testing Policy Required - Each professional sports league shall adopt and 
enforce policies and procedures to: 
1. proscribe the use of prohibited substances and methods by each 
professional athlete competing in the league; 
2. test for the use of prohibited substances and methods by each professional 
athlete competing in the league; and 
3. proscribe any person associated with the league from complicity in a 
violation by a professional athlete competing in the league. 
B. Prohibited Substances and Methods - At a minimum, the prohibited substances 
and methods are as follows: 
1. Professional Sports Season - During the professional sports season, all 
substances and methods in such amounts as prohibited in-competition by 
the Protocol, excluding substances or methods prohibited in a particular 
sport as defined by the Protocol. 
2. Off Season - During the off-season, all substances and methods in such 
amounts as prohibited out-of-competition by the Protocol, excluding 
substances or methods prohibited in a particular sport as defined by the 
Protocol. 
3. Additional Substances and Methods - Any other substances or methods or 
amounts of substances or methods determined by the Commission to be 
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performance-enhancing substances or methods for which testing is 
reasonable and practicable. 
C. Violations - 
1. Professional Athlete - The following constitute violations of the testing 
policy under this section for a professional athlete: 
a. The presence of a prohibited substance or its metabolites or 
markers in the bodily specimen of a professional athlete, or 
evidence of the use of a prohibited method. 
b. Refusing, or failing without compelling justification, to submit 
to a test. The absence of an athlete from the United States shall 
not alone be a compelling justification under this subparagraph. 
2. Any Person - The following constitute violations of the testing policy under 
this section for any person associated with a professional sports league: 
a.The administration or attempted administration of a prohibited 
substance or method to any professional athlete. 
b.Assisting, encouraging, aiding, abetting, covering up, or any 
other type of complicity involving a violation by a professional 
athlete. 
D. Conduct of Tests- 
1. Frequency, Randomness, and Advance Notice - Each professional athlete 
shall be tested for the use of prohibited substances and methods no less 
than three times in each calendar year that the athlete competes in a 
professional sports league. Tests conducted under this subsection shall be 
conducted at random intervals throughout the entire calendar year with no 
advance notice to the professional athlete. 
2. Administration and Analysis - Tests under this subsection shall be 
conducted by an independent entity not subject to the control of any 
professional sports league. The independent entity shall determine the 
methods, policies, and procedures of collection, transportation, and 
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analysis of bodily specimens of professional athletes necessary to conduct 
tests for prohibited substances and methods and shall conduct such 
collection, transportation, and analysis. 
3. Substances - Each professional athlete shall be tested for all prohibited 
substances and methods at the time of the administration of each test. 
4. Limited exemption for Medical or Therapeutic Use - A professional sports 
league may provide an individual professional athlete with an exemption 
for aparticular prohibited substance or method if such substance or 
method-- 
a. has a legitimate and documented medical or therapeutic use; 
b. is for a documented medical condition of such athlete; and 
c. is properly prescribed by a doctor of medicine licensed in the 
Philippines. 
E. Penalties- 
1. Violation - Subject to Section 4(C), a violation shall result in the following 
penalties: 
a.First Violation - A person who commits a violation shall be 
immediately suspended from participation in any professional 
sports league without pay for a minimum of 2 years. 
b.Second Violation - A person, who commits a violation, having 
once previously committed a violation, shall be immediately 
permanently suspended without pay from participation in any 
professional sports league. 
2. Disclosure - Not later than 10 days after receiving notice of a violation 
under this section, a professional sports league shall publicly disclose the 
name of the violator, the penalty imposed, and a description of the violation, 
including any prohibited substance or method involved. 
3. Adjudication - A professional sports league shall perform the following: 
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a. provide a violator with prompt notice and a prompt hearing and 
right to appeal; and 
b. permit that violator to have counsel or other representative for the 
proceedings. 
The league shall publicly disclose the results of any adjudication 
proceedings required by paragraph (3) within 10 days of notice of the 
termination of the proceedings. A violator subject to this paragraph shall be 
suspended without pay from participation in any professional sports league 
during the proceedings. 
4. Privacy - With regards to any information provided to the Commission under 
this subsection, nothing in this Act shall be construed to require disclosure to the 
public of health information of an individual athlete that would not be subject to 
disclosure under other applicable laws. 
SECTION 5. Enforcement. 
A. Unfair or Deceptive Acts or Practices- Except as provided in Section 4, 
this Act shall be enforced by the Commission 
B. Enhanced Civil Penalties- In addition to the penalties provided in 
Section 4, the Commission may seek a civil penalty not to exceed P10, 
000 for each day a professional sports league is in violation of this Act. 
C. Promulgation of Regulations- The Commission may promulgate such 
regulations as necessary to enforce this Act. 
D. Delegation- The Commission may delegate the administration of this 
Act or any part of this Act to any appropriate agency of the Philippine 
Government. 
SECTION 6. Separability Clause. - If any provision or part thereof is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
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amended accordingly. 
SECTION 7. Repealing Clause. - All laws, presidential decree or issuance, 
executive orders, letter of instruction, administrative order, rule and regulation contrary 
to, or inconsistent with the provisions of this Act are hereby repealed, modified, or 
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Approved, 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days 
following its publication in at least two (2) newspapers of general circulation. 
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