Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 0213

Introduced by Hon, Roberto “Robbie” V. Puno

EXPLANATORY NOTE

On the heels of doping scandals, the Southeast Asian Regional Anti-
Doping Organization (SEA RADO) 2019 Board Meeting and Doping Control
Officer (DCO) Training Cours®was held in the Philippines.

Article XIV, Section 19 (1) of the 1987 Philippine Constitution recognizes
that "the State shall promote physical education and encourage sports programs,
league competitions, and amateur sports, including training for international
competitions, to foster self-discipline, teamwork, and excellence for the
development of a healthy and alert citizenry."

The Philippines ratified the UNESCO International Convention Against
Doping in Sport (Convention) on March 17, 2010. The Convention recognized
the authority of World Anti-Doping Agency (WADA) as the international
independent organization for the promotion, coordination, and monitoring of the
fight against doping in all its forms. The Convention likewise recognized
WADA’s World Anti-Doping Code (Code), the document that provides a
comprehensive framework to protect the fundamental right of athletes to
participate in doping-free sport and to ensure harmonized, coordinated and
effective anti-doping programs at the international and national levels with regard
to the detection, deterrence and prevention of doping.

To date, the Philippine has limited its legislation to the regulation of drugs
or narcotics through the Comprehensive Dangerous Drugs Act of 2002 or
Republic Act No. 9165. The country has yet to legislate any measure in
controlling the use of performance enhancing drugs or doping in sports. Doping
has resulted to unfair advantage in competitions and posed extreme danger to the
health of the athletes.


Through the passage of this bill, the Philippines will be able to comply with
its duties as a State Party to the Convention, specifically to “adopt appropriate
measures at the national and international level consistent with the principles of
the Code.”

This bill seeks to protect the athletes’ fundamental right to participate in a
doping-free sport. To ensure the effective implementation of anti-doping
programs in the international and national level, an independent Philippine
National Anti-Doping Organization (PH-NADO) shall be established as the only
organization permitted to carry out anti-doping activities in the Philippines. The
proposed legislation provides for basic principles of state policy in the field of
prevention of and fight against doping in all sports covering both international
and national-level athletes; testing for prohibited substances and methods; duties
and responsibilities of athletes, athlete support personnel, and other sports
associations to comply with anti-doping rules; provisions on doping control; and
penalties and sanctions for its violations.

In sum, this piece of Jegislation is aimed at adopting and realizing an anti-

doping policy in compliance with the principles of fairness, equity, legality, and
transparency in sporting activities and promoting the health of athletes globally.

fishes sought

“ROBBIE” V. PUNO

In view of the foregoing, immediate pqSsage of this


Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2218

Introduced by Hon. Roberto “Robbie” V. Puno

AN ACT
ESTABLISHING A NATIONAL ANTI-DOPING POLICY IN
SPORT IN COMPLIANCE WITH THE UNITED NATIONS
EDUCATIONAL, SCIENTIFIC AND CULTURAL
ORGANIZATION; - .INTERNATIONAL | CONVENTION
AGAINST DOPING “IN SPORT, ESTABLISHING THE
PHILIPPINE NATIONAL ANTI-DOPING ORGANIZATION,
PROVIDING FOR ITS POWERS, FUNCTIONS AND
MANAGEMENT, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

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 “Anti-Doping in Sports
Act.”

SEC. 2. Declaration of Policy. - Article II, Section 17 of the 1987 Constitution
provides that the State shall give priority to sports “to foster patriotism and
nationalism, accelerate social progress, and promote total human liberation and
development”.

Further, Article XIV, Section 19 (1) provides that “the State shall promote
physical education, sports programs and competition alongside training for
international competitions to foster self-discipline, teamwork and excellence for
the attainment of a healthy and alert citizenry”. To this end, the State shall
promote and support the eradication of doping in sport in the country.

The State shall comply with its obligations under the United Nations Educational,
Scientific and Cultural Organization International Convention Against Doping in


Sport, which aims to formalize global anti-doping rules, policies and guidelines
in order to provide an honest and equitable playing environment for all athletes
and promote the health of athletes globally.

The State shall adopt the general principles of legitimacy, confidentiality,
ensuring rights and freedoms, mandatory nature of doping control, and
maintenance of fair games in doping control in sport:

SEC. 3. Definitions. As used in this Act, the following terms are defined as
follows:

a. Accredited laboratory refers to a laboratory approved by the WADA to test
samples for the presence of prohibited substances in accordance with
International Standards;

b. Adverse analytical finding refers to a report from an accredited laboratory
that identifies in a sample, the presence of a prohibited substance or its
metabolites or markers or evidence of the use of a prohibited method;

c. Administration means providing, supplying, supervising, facilitating, or
otherwise participating in the use or attempted use by another person of a
prohibited substance or prohibited method. Provided that it shall not
include the actions:

i of bona fide medical personnel involving a prohibited substance or
prohibited method used for genuine and legal therapeutic purposés
or other acceptable justification; and

ii. involving a prohibited substance which is not prohibited in out-of-
competition testing unless the circumstances as a whole demonstrate
that such a prohibited substance is not intended for genuine and
legal therapeutic purposes or is intended to enhance sport
performance;

d. Anti-doping refers to the prevention or control of doping;

e. Anti-doping organization refers to a signatory to the Code that is
responsible for adopting rules for initiating, implementing or enforcing any
part of the doping control process, and includes-

i. The International Olympic Committee;
ii. The International Paralympic Committee;
iii, The WADA;
iv. An international sporting federation;
y. A major event organization that conducts testing at its events;
vi. The PH-NADO; and


vii. Any other National Anti-Doping Organization;

Anti-doping rules refers to regulations on anti-doping, including but not
limited regulations under this Act, Code, the Convention, and their
amendments;

. Athlete refers to —

i. Any person who participates in a sport-
As an international-level athlete,
2. As a national-level athlete,
including but not limited to any person in the Registered Testing
Pool who is otherwise subject to the jurisdiction of this Act.
ii. For purposes of information and education, any person referred to in
paragraph (i) and any other competitor in sports;

‘ ead eevee Personnel refers to any of the following —

Parent or guardian of an athlete who is a minor;

Medical pfactitioner or paramedical personnel;

Coach, trainer, manager, official, agent, or team staff;

Any other person working with or treating or assisting an athlete
participating in or preparing for sports competition;

Code refers to the World Anti-Doping Code adopted by the WADA, and
includes any amendments to the Code adopted by WADA, from time to.
time; |

Competition or Sporting Competition refers to a sporting activity
consisting of a single race, match, game or athletic contest;
|

Complicity refers to assisting, encouraging, aiding, abetting, conspiring,
covering up or any other type of intentional act or omission involving an
anti-doping rule violation, an attempted anti-doping rule violation or
violation of Article 10.12.1 of the Code by another person;

Convention refers to the United Nations Educational Scientific and
Cultural Organization Convention Against Doping in Sport adopted by the
33rd session of the United Nations Educational Scientific and Cultural
Organization General Conference on 19th October, 2005, including any
and all amendments adopted by the States Parties to the Convention and
the Conference of Parties to the International Convention against Doping
in Sport;


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m. Doping refers to the use of prohibited substances and methods in any
sporting activity in order to artificially enhance performance;

n. Doping Control refers to all the steps and processes from test distribution
planning, through ultimate disposition of any appeal including all steps and
processes in between, such as provisions of whereabouts information,
sample collection and handling, results management and hearings;

o. Eventrefers to a series of individual competitions conducted together under
one international sporting federation or national sporting organization or
ruling body;

p. /n-competition refers to the period commencing twelve hours before a
competition in which the athlete is scheduled to participate through the end
of such competition and the sample collection process related to such
competition, unless provided otherwise in the rules of an international
federation or the body in charge of an event;

q. International-level athlete refers to an athlete who competes in sport at the
international level, as defined by each international federation, consistent
with the International Standard for Testing and Investigations;

r. International Standard refers to a standard adopted by the WADA in
support of the Code and includes any technical documents issued pursuant
to the International Standard;

s. National Anti-Doping Organization refers to the entity designated by each
country as possessing the primary authority and responsibility to adopt and
implement Anti-Doping Rules, direct the collection of samples, the
management of test results, and the conduct of hearings at the national level
and where this designation has not been made by the competent public
authorities, the entity shall be the country’s National Olympic Committee
or its designee;

t. National-Level Athlete refers to athletes who compete in sport at the
national level, as defined by each national anti-doping organisation,
consistent with the International Standard for Testing and Investigations.
In the Philippines, national-level athletes are defined as any athletes who:

i. _ participate in the national leagues, events or competitions organized
by their NSA or by any sports organisation or club;

ii, are affiliated to a federation, national league, sports organisation or
club; or


iii, _ participate in competitions or events organized by schools, colleges,
other institutions, and other intercollegiate events;
iv. participate in professional sports.

u. National Sports Association (NSA) includes an umbrella body responsible
for Olympic, non-Olympic, or Paralympic sports or multi-sport
organization responsible for all sports disciplines or body responsible for a
particular sport nationally and it may be affiliated to an international
federation or not;

v. Out-of-Competition refers to any period when not in competition;

w. Possession refers to the actual and physical possession, or the
constructive possession. Provided that:

i. if the person does not have exclusive control over the prohibited
substance or prohibited method or the premises in which a prohibited
substance or prohibited method exists, constructive possession shall
only be found if the person knew about the presence of the prohibited
substance or prohibited method and intended to exercise control over
it; and

ii there shall be no Anti-Doping Rule violation based solely on
possession if, prior to receiving notification of any kind that the
person has committed an Anti-Doping Rule violation, the person has
taken concrete action demonstrating that the person never intended
to have possession and has renounced possession by explicitly
declaring it to an Anti-Doping Organization;

iii the purchase of a prohibited substance or prohibited method
constitutes possession by the person who makes the purchase;

x. Prohibited List refers to the list developed by the WADA for purposes of
identifying the prohibited substances and prohibited methods;

y. Prohibited Method refers to any method so described on the prohibited
list;

z. Prohibited Substance refers to any substance, or class of substances, so
described on the Prohibited List;

aa. Registered Testing Pool refers to the pool of highest- priority athletes
established separately at the international level by International
Federations and at the national level by National Anti-Doping


Organizations, who are subject to focused In-Competition and Out-of-
Competition Testing as part of that International Federation’s or National
Anti- Doping Organization’s test distribution plan and therefore are
required to provide whereabouts information as provided in Article 5.6 of
the World Anti-Doping Code and the International Standard for Testing
and Investigations;

bb. Sample refers to any biological material collected for the purposes of
doping control;

ce. Tampering refers to altering for an improper purpose or in an improper
way; bringing improper influence to bear; interfering improperly;
obstructing, misleading or engaging in any fraudulent conduct to alter
results or prevent normal procedures from occurring;

dd.7esting refers to the parts of the doping control process involving test
distribution planning, sample collection, sample handling, and sample
transport to the laboratory;

ee. Therapeutic Use Exemption refers to an exemption to use a prohibited
substance or prohibited method and which is obtained in a manner as
described in Appendix | and Article 4.4. of the Code;
|
ff. Trafficking refers to selling, giving, transporting, sending, delivering or
distributing, or possessing for any such purpose, a prohibited substance or
prohibited method (either physically or by any electronic or other refers to)
by an athlete, athlete support person or any other person subject to the
jurisdiction of an anti-doping organisation; Provided, however, this
definition shall not include the actions of “bona fide” medical personnel
involving a prohibited substance used for genuine and legal therapeutic
purposes or other acceptable justification, and shall not include actions
involving prohibited substances which are not prohibited in out-of-
competition testing unless the circumstances as a whole demonstrate such
prohibited substances are not intended for genuine and legal therapeutic
purposes or are intended to enhance sport performance;

gg.Use refers to the utilization, application, ingestion, injection or
consumption by any means of any prohibited substance or prohibited
method; and

hh. World Anti-Doping Agency or WADA refers to a sports body set up for the
purposes of coordinating anti-doping activities worldwide


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SEC, 4. Coverage. This Act shall apply to:

1. Philippine National Anti-Doping Organization;

2. International-level and National Level Athletes; and

3. Athlete Support Personnel; and

4. NSAs, sports organizations, sports associations, and sports clubs.

SEC. 5. Establishment of the Philippine National Anti-Doping Organization
(PH-NADO). - The Philippine National Anti-Doping Organization, herein
referred to as PH-NADO, is hereby established as an attached agency to the
Philippine Sports Commission, to be the only organization permitted to carry-out
anti-doping activities in the Philippines and its authority shall be recognized by
all national sports associations, athletes, and athlete support personnel in the

country.

SEC. 6. Duties and Functions of the Philippine National Anti-Doping
Organization (PH-NADO)- The PH-NADO shall exercise the following duties
as are necessary to facilitate..th the control and prevention of doping in sports,

including:

a. Promote participation in sport, free from doping in order to protect
the health and well-being of competitors and the rights of all persons
who take part in sport;

b. Prepare and implement PH-NADO’s anti-doping rules for the
purposes of:

-

vi.
vii.

viii.

Setting out the procedure for adopting testing methods,
establishment of Registered Testing Pools, sample collection,
accreditation of testing laboratories, standards to be maintained
by testing laboratories based on the Code of International
Standards for testing Laboratories;

Procedure to be followed in the analysis of samples, results
management;

Specifying anti-doping rules applicable and consequences of
anti-doping rule violation;

Specifying anti-doping control activities;

Specifying the procedures applicable in relation to Negative
Analytical findings and Adverse Analytical findings and
principles governing provisional suspension of an athlete;
Specifying matters connected with the granting of TUE;
Specifying the Philippines Code of Standards for the testing of
samples based on the Code of International Standards for
testing of samples;

Procedure for re-entry of a banned athlete;


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ix. Procedure for the providing access to independent observers;
x. Procedure in relation to in competition testing and out of
competition testing of athletes. i

. create awareness in order to discourage the practice of doping in

sport among the public and the sporting community in particular.

. develop a national strategy to address doping in sport in

collaboration with the Philippine Sports Commission and other
concerned agencies;

. implement the Code and associated International Standards;

periodically publish International Standards;

. use WADA accredited laboratories for analysis of samples and other

required specimen;

. implement anti-doping activities in the country including the testing

of collected samples in all sports, sport associations, sport
organizations, and sport clubs;

undertake, coordinate or arrange for research to be undertaken in the
field of performance-enhancing substances and methods and doping
practices in sport;

promote and implement the application of various guidelines and
international standards in matters related to anti-doping;

. oversee the processes of the Committee and Panel;

carry out investigations in matters of doping in sports;

. provide information to athletes, athlete support personnel and on the

procedures for, and developments concerning the collection and
testing of samples in accordance with the Code and any standards
developed by WADA;

. implement the Prohibited List as published by the WADA from time

to time;

|
. select athletes who are to be requested to provide samples for testing

when necessary;

. collect samples from athletes in accordance with approved

guidelines and International Standards, and secure the safe transit of
samples to laboratories accredited by WADA for testing;

. summon, investigate and call for any document, evidence or person

that may be required for the enforcement of the Act;

co-operate with state agencies, non-governmental organisations and
other persons within the Philippines and internationally to achieve
the PH-NADO’s mandate;

. take steps aimed at ensuring that the Government and the Philippine

Olympic Committee complies with international agreements and


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other arrangements to which the Philippines is a party concerning
the use of drugs and doping in sport; P

t. maintain data of all prohibited substances in accordance with the
directions of the WADA;

u. maintain the Whereabouts Register and a Registered Testing Pool in
accordance with the Code;

v. prosecute anti-doping offenses;

w. promote anti-doping education;

x. undertake results management in accordance with the PH-NADO’s
rules and the Code;

y. oversee all activities of the Therapeutic Use Exemption Committee

z. generally taking all steps necessary or desirable to achieve the
purposes of this Act.

In the performance of its functions, the PH-NADO shall address the needs of
minors, take into account;the needs of persons with disabilities or other persons
with special needs, and ensure that the rights of everyone involved in the doping
control procedures are respected.

Pursuant to the Code and the Convention, the PH-NADO, and its the Disciplinary
Panel and Therapeutic Use Committee shall:

a.

b.

not require the consent of any person or authority to commence any
investigations or impose any administrative sanctions; and

not be under the direction or control of any person or authority in the
exercise of their powers under this Act or any other written law.

SEC. 7. The PH-NADO Board (Board). — The Board shall be composed of the
following:

a.

Chairperson of the Philippine Sports Commission (PSC), as Chairperson;

b. Secretary of Department of Health (DOH);

c. Secretary of Department of Education (DepEd);

d. Chairperson of Commission on Higher Education (CHED);
e.
f
&

President of the Games and Amusement Board (GAB);

f Chairperson of President of the Philippine Olympic Committee (POC);
. Three (3) representatives distinguished in the field of law, sports medicine

and sports science.

The members of the Board from the government may designate their permanent
authorized representatives.


Within thirty (30) days from the effectivity of this Act, the members of the Board
from the private sector shall be appointed by the President of the Philippines from
a list of three nominees submitted by the other members of the ‘Board. To ensure
their independence, members of the private sector should not be appointed if that
person:

a. Is amember of or an official of a NSA;

b. Is employed by or is associated with any person who supplies goods or
services to the PH-NADO or whose spouse or family member is so
employed or associated; or

c. Is an athlete, athlete support personnel or an official of a sports
organization, sports club or sports federation;

Members representing the private sector of the Board shall serve for a term of
three (3) years. In case a vacancy occurs in the Board, any person chosen to fill
the position vacated.

Upon the expiry of the term of office, if a qualified member has yet to be
appointed, the qualified mémbeg-whose term of office has expired shall remain in
office to continue to perform his or her duties until a new member assumes his or
her duties.

SEC. 8. Duties and Functions of the Philippine National Anti-Doping Board —
The Board shall have the powers necessary for the proper performance of the
functions of the PH-NADO under this Act, including:

a. control, supervise and administer the assets of the PH- 2 PHN in such
manner as best promotes the purpose for which the PH-NADO is
established; |

b. determine the provisions to be made for capital and recurrent expenditure
and for the reserves of the PH-NADO;

c. receive any grants, gifts, donations or endowments and make legitimate
disbursements therefrom;

d. open such banking accounts for the funds of the PH-NADO as may be
necessary;

e. invest any of the funds of the PH-NADO not immediately required for its
purposes;

f. lay down policy guidelines for operations and management of all funds
collected by the PH-NADO; and

g. enter into associations with other bodies or organizations within and
outside Philippines as the PH-NADO may consider desirable or
appropriate in furtherance of the purpose for which the PH-NADO is
established; and


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h. perform all such other acts or undertake any activity as may be incidental
or conducive to the attainment or fulfillment of any of the functions of the
PH-NADO under this Act.

The PH-NADO shall have a Director who shall be appointed by the Board, who
shall have the power and duties to manage the affairs of the Office so that they
may comply with the powers and duties of the office, and with the Rules,
Regulations and policy prescribed by the Board.

‘The PH-NADO may appoint such officers and members of staff upon such terms
and conditions of service as it may consider necessary for the proper performance
of its functions. A person shall be qualified to be employed by the PH-NADO if
such person was not a member or official of a national sports body for the two (2)
years immediately preceding the appointment.

SEC, 9. Therapeutic Use Exemption Committee (TUEC or Committee)—
There shall be created a cae a Use Exemption Committee, which shall
consist of:
a. chairperson who is a 2 medida doctor with over seven (7) years’ experience
in matters related to sport;
b. a medical doctor of not less than five (5) years experience in matters
relating to sports;
c. a clinical pharmacist of not less than five years experience in matters
relating to sports; |
d. an international level athlete who has since retired; and
e. asports administrator who shall have retired at least two (2) years prior to
the appointment.

The Chairperson and members appointed under this section shall hold office for
a term of three (3) years and shall be eligible for reappointment for one further
term. The quorum for the conduct of the business of the Committee shall be three
members of whom at least two, shall be doctors.

SEC.10. Duties of the TUEC — The TUEC shall exercise the following duties:

a. receive, review, reject, and approve applications for the grant of therapeutic
use exemption by athletes who compete at the national level;

b. receive, review, reject, and approve applications for the grant of therapeutic
use exemption by athletes who compete at the international level, if
requested to do so by an international federation;

c. review therapeutic use exemptions issued by an international federation for
compliance with the International Standard for Therapeutic Use
Exemptions;


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d. refer to the WADA any therapeutic use exemption issued by an
international federation which in its view does not meet the requirements
of the International Standard for Therapeutic Use Exemption

e. notify the Board of its decision to grant therapeutic use exemption; and

f. perform any other functions that are conferred or imposed on it by this Act.

The TUEC shall be guided by the following in the performance of their work:
a. the Convention;
b. the Code;

c. International Guidelines on mherapetitie Use Exemption;

d, the Prohibited List;

e. the provisions of this Act; and

f. the PH-NADO’s Anti-Doping Rules.

SEC.11. Therapeutic Use Exemption (TUE) - An athlete, other than an
international-level athlete, with a medical condition requiring the use of a
prohibited substance or prohibited method, may, in accordance with the
provisions of this Act andthe bp Doping Rules, apply to the Committee for a
therapeutic use exemption.

An international-level athlete, or an athlete who participates in an international
event, with a medical condition requiring the use of a prohibited substance or
prohibited method, may, in accordance with the International Standard for
Therapeutic Use Exemptions, apply no later, except in emergenc’ ations,
than:

a. thirty days before his participation in an international event; or

b. such other period as may be provided for in the anti-doping rules of
the relevant International Federation, to the relevant International
Federation for an exemption and provide the Committee with a copy
of the application prior to the international event.

An application for therapeutic use exemption shall be made:
a. immediately after the athlete becomes aware that the use of a prohibited
substance or prohibited method is required; and
b. subject to any circumstance of emergency, no later than thirty days prior to
the participation of the athlete in any competition or event.

Regulations may be made prescribing any other matters, procedures or documents
which may be required for the consideration and grant of a TUE.

SEC.12. Accredited Laboratories. - A sample taken from an athlete shall be
analyzed at an accredited laboratory to detect prohibited substances and


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prohibited methods. A sample shall not be analyzed for a purpose other than that
referred to under subsection (1) unless:
a. the athlete consents in writing; and 4
b. any means of identification is removed to ensure that the sample cannot be
traced back to the athlete.

The results of all tests shall be submitted to the PH-NADO.

SEC.13. Disciplinary Panel — There shall be created a Disciplinary Panel
(Panel), which shall consist of:
a. an officer of the PSC designated by its Chairperson, who shall be the
Chairman;
b. two (2) persons from among lawyers who have more than five (5) years
experience in court appearances, who shall both be Vice Chairmen;
c. two (2) persons from among medical practitioners who have more than five
(5) years experience in the field of sports medicine;
d. two (2) persons who shall be persons who have had previous experience in
sports administration. «~

The Chairperson and members appointed under this section shall hold office for
a term of three (3) years and shall be eligible for reappointment for one further
term. The quorum for the conduct of the business of the Panel shall be three
members of whom at least two, shall be doctors.

SEC. 14. Duties and Jurisdiction of the Disciplinary Panel (Panel). - The
Panel shall exercise the following duties:
|

a. Receive, examine and hear Anti-Doping Rules violation;

b. Conduct disciplinary hearings related to Anti-Doping Rules violations;

c, Determine whether a violation of the Anti-Doping Rules has occurred;

d. Impose sanctions and penalties of Anti-Doping Rules violations;

e. Perform any other functions that are conferred or imposed on the DP by

this Act;

The Panel shall be guided by the following in the performance of their work:
. the Convention;

. the Code;

. International Guidelines on Therapeutic Use Exemption;

. the Prohibited List;

. the provisions of this Act; and

. the PH-NADO’s Anti-Doping Rules.

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Anti-Doping Rules violations involving national level athletes, athlete support
personnel, NSAs, and sports organizations, shall be resolved by the Panel both at
the first instance and at appeal.

Except as otherwise provided for under the Code on Therapeutic Use
Exemptions, disputes involving International level athletes shall be resolved by
the Panel at the first instance with an appeal to Court of Arbitration for Sport as
provided for in the Code.

In all disputes, there shall be a right of appeal within thirty (30) working days
from the date of communication of the Panel’s decision by the violator, the PH-
NADO, the NADO of the person’s country of residence, WADA, International
Paralympic Committee International Sports Federation, the International
Olympic Committee and any other international sports body.

No final decision by the Disciplinary Panel shall be quashed, reversed, modified,
or held invalid, by any court, arbitrator, tribunal or other hearing body other than
Court of Arbitration for Sport fer any reason, including for reason of any defect,
irregularity, omission or departure from the procedures set out in this Act.

SEC. 15. Conformity to Anti-doping Rules. - Each NSA, sports association,
sports organization, sports club, and sports federation shall require jall athletes
and each athlete support personnel to agree to be bound by all Anti-Doping Rules
and the PH-NADO’s results’ management authority in conformity with the Code
as a condition for such participation. |

An athlete or an athlete support personnel who is not a minor shall Rares to
sign a declaration of the Anti-Doping Rules and submit the same to the PH-
NADO. In the case of a minor, the parent/s or guardian shall sign such acceptance
and submit the acceptance to the PH-NADO.

SEC. 16. Registered Testing Pool. — The PH-NADO shall establish a Registered
Testing Pool. The PH-NADO shall, in accordance with the Anti- Doping Rules,
publish criteria for the inclusion of the name of an athlete in its Registered Testing
Pool. The PH-NADO shall notify an athlete, in writing, of the inclusion of his or
her name in its Registered Testing Pool.

Sec. 17. Duties and Responsibilities of Athletes, Athlete Support Personnel;
and NSAs, sports organizations, sports associations, and sports clubs. — The
Athletes, Athlete Support Personnel, and NSAs, sports organizations, sports
associations, and sports clubs shall:
a. respect PH-NADO’s, TUEC’s, Disciplinary Panel’s autonomy and not to
interfere with its operational decisions or activities.


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f.

. require clubs and other similar bodies under its authority to report to PH-

NADO any information related to an anti-doping rule violation and to
cooperate with investigations conducted by any Anti-Doping Organization
with authority to conduct the investigation.

. cooperate with the operation of an investigation, including establishment

of a doping test rooms at an Event sponsored by it or subordinated bodies.

. take appropriate information delivery and implement support measures

towards Athletes who are part of the PH-NADO’s Registered Testing Pool
such as ensuring them to submit whereabouts filing in the Registered
Testing Pool.

report to PH-NADO, and to ensure the appropriate enforcement of
Sanctions, Penalties and other consequences of, all potential anti-doping
rule violations within its jurisdiction including investigation into whether
Athlete Support Personnel or other Persons may have been involved in
each case of doping, as well as to implement automatic investigation into
anti-doping rule violations related to a minor.

comply with anti-doping rules;

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Lack of knowledge about anti-doping regulations and the substances and
methods, which have been included on the Prohibited List shall not be considered
as a release from the responsibility.

NSAs shall obey the provisions of this Act and PH-NADO tules in case of
adoption of sanctions against athlete or athlete support personnel. Non-execution
of obligations stipulated herein by the NSA shall be considered as violation.

SEC. 18. Anti-doping Rule Violation. — The following acts committed by
athletes, athlete support personnel, sports federations, or sports organizations are
considered anti-doping violations:

a,

b.
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the presence of a prohibited substance or its metabolites or markers in an
athlete’s bodily specimen;

the use or attempted use of a prohibited substance or method;

the refusal or failure, without compelling justification, to submit to sample
collection after notification as authorized in terms of applicable anti-
doping rules or otherwise evading sample collection;

|. the violation of applicable requirements regarding athlete availability for

out of competition testing, including failure to provide required
whereabouts information and missed tests which are declared based on
reasonable rules;

. the tampering, or attempting to tamper, with any part of doping control;

the possession of prohibited substances and methods;

. the trafficking in any prohibited substance or method; and ‘ ‘bel


h. the administration or attempted administration of a prohibited substance or
method to any athlete, or assisting, encouraging, aiding, abetting, covering
up or any other type of complicity involving an anti-doping rule violation
or any attempted violation;

i. violation of any provision of this Act, PH-NADO Anti-doping Rules, the
Code, and Convention, and their amendments.

SEC. 19. Administrative Sanctions and Penalties. — Where any athlete, athlete
support personnel, NSA, sports association/organisation/club has been found to
have committed anti-doping violations, he may be punished in terms of the
applicable provisions of the Code and the PH-NADO Rules, including but not
limited to:

a. Disqualification: the results in a particular competition or event are
invalidated, with all resulting consequences including forfeiture of my
medals, points and prizes;

b. Ineligibility: barred for a specified period of time (temporary or perpetual)
from participating in-any. competition or other activity, withholding of
financial support and access to sporting facilities; and

c. Provisional suspension: barred temporarily from participating in any
competition prior to a final decision.

d. Fine: imposition of a fine of not less than ONE HUNDRED THOUSAND.
PESOS (P100,000.00) but not more than ONE MILLION PESOS
(P1,000,000.00).

Where a medical professional is found to be in complicity with Anti-doping
violations, the DP shall endorse the violation to the Professional Regulatory
Commission (PRC), who shall also impose, depending on the gravity of the
violation, the penalty of suspension or revocation of his professional license.

SEC. 20. Integration of Anti-Doping Policy into the Educational System. —
‘The State shall ensure the integration of age-appropriate content pertaining to
anti-doping into the physical education curriculum at all educational levels, both
in public and private institutions.

SEC. 21. Appropriations. — The amount needed for the initial implementation of
this Act shall be charged against the current year’s appropriations of the PSC for
the maintenance and other operating expenses of the PH-NADO. Thereafter, the
required budget as recommended by the PH-NADO Board for the continued
implementation of this Act shall be submitted to DBM for inclusion in the
General Appropriations Act.


SEC. 22. Implementation Rules and Regulations. — The PH-NADO, in
consultation with PSC, CHED, DepEd, DOH, PRC, Games and Amusement
Board, NSAs, Philippine Olympic Committee, and with the participation of
representatives from sports organizations and clubs with proven track records of
involvement and promotion of the rights and welfare of athletes, shall issue the
Implementing Rules and Regulations of this Act within thirty (30) days from its
effectivity.

SEC. 23. Transitory Clause. - All property, assets, rights, liabilities,
obligations, agreements, conveyances, deeds, leases, licences, permits,
exemptions, power of attorney, undertakings, securities and other arrangements
existing at the commencement of this Act and vested in, acquired, incurred or
entered into by or on behalf of the former PH-NADO under the PSC, shall upon
the commencement of this Act, be deemed to have vested in or to have been
acquired, incurred or entered into by or on behalf of the PH-NADO established
under this Act to the same extent as they were enforceable by or against the
former PH-NADO before the commencement of this Act.

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A person who, immediately before the commencement of this Act, was an
employee of former PH-NADO shall, on the commencement of this Act, be
deemed to be an employee of the PH-NADO established under this Act.

SEC. 24. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected
shall remain valid and subsisting.

SEC. 25. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provision of this Act is hereby repealed, modified, or
amended accordingly.

SEC. 26. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) newspapers of general
circulation.

Approved,