HOUSE °F REPRESENTATIVES
RECENVED

SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES

By:

House Bill No. 583 S AND in

ard UH 206

6

RESTS ATION UNIT
EX SE

Introduced by REPRESENTATIVE PIA S. CAYETANO

EXPLANATORY NOTE

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.”

Student-Athletes are a pool of students who have exceptional talents and skills in
sports that could be further honed and developed in a school setting. At a young age, they
have to embrace a dual role — being a student and an athlete at the same time. Thus, this bill
recognizes their special circumstance and aims to provide support and parameters on how
they can thrive and excel in both fields of study and sports.

As a bill of rights for Student-Athletes, it endeavours to address issues and concerns
encountered for many years by many Student-Athletes past and present as there is no
existing law that promotes and protects their overall welfare,

It is the purpose of this bill to provide appropriate recognition and protection to the
rights and general welfare of Student-Athletes encompassing academic, amateur sports, and
mental and physical health aspects. On the other hand, it also acknowledges that these
Student-Athletes are in a special situation and thus the bill also specifies the accompanying
tesponsibilities that they have to fulfil to this end. Schools, athletic associations, Student-
Athletes and their parents shall recognize and uphold the amateur nature of the programs
and competitions that Student-Athletes participate in.

This bill also recognizes that Student-Athletes should be protected from any
discriminatory policy that may restrict their participation in any field of amateur sports that
they have chosen to participate and compete in and consequently hinder the development of
their full potential as athletes and well-rounded citizens of our country.

Lastly, this bill recognizes the vital role of the schools and accredited athletic
associations, not only in providing the opportunity and avenue for Student-Athletes to
participate and excel in sports, but also ensuring the protection of Student-Athletes from
physical harm, discrimination, and other potentially harmful consequences of training and
competing in their respective fields of amateur sports

In view of the foregoing, the passage of this bill is earnestly sought.

he
PIA S. CAYETANO


SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES

House Bill No. 583

Introduced by REPRESENTATIVE PIA S. CAYETANO

AN ACT
PROVIDING FOR THE MAGNA CARTA OF STUDENT-ATHLETES.

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 "Magna Carta of Student-
Athletes.”

SEC. 2. Coverage. This Act shall apply to Student-Athletes of any school that
conducts athletic programs and competitions.

SEC. 3. Declaration of Policy. - Article XIV, Section 1 of the 1987 Constitution
recognizes the role of the State to protect and promote the right of all citizens to
quality education at all levels, and to take appropriate steps to make such education
accessible to all. Further, Section 19 (1) of the same Article provides that the State
shall promote physical education, sports programs and competitions alongside
training for international competitions to foster self-discipline, teamwork and
excellence for the attainment of a healthy and alert citizenry. Thus, the State shall
recognize and uphold the rights of Student-Athletes to further hone their skills and
abilities in their respective fields of amateur sports without neglecting their education
and general well-being

It is the intention of this law to protect and promote the rights of the Student-
Athlete, who is, first and foremost, a student. To this end, the rights guaranteed by
this law and the obligations imposed on schools, athletic associations and their
officials and representatives shall seek to ensure that the Student-Athlete attains
quality education while honing his skill and reaching his full potential as an athlete in
an amateur sports setting. Ultimately, this law aims to enable the Student-Athlete to
enjoy a balanced life while in school and at play.

SEC. 4. Definition of Terms. - As used in this Act, the following terms shall be
defined as follows:


4.1. “Athletic Association” refers to any organization that is
responsible for governing inter-school athletic programs and
competitions such as, but not limited to, the Private Schools Athletic
Association (PRISAA), University Athletic Association of the Philippines
(UAAP), National Collegiate Athletic Association (NCAA), Women’s
National Collegiate Athletic Association (WNCAA), State Colleges and
Universities Athletic Association (SCUAA), Cebu Schools Athletic
Foundation Inc. (CESAFI), and National Capital Region Athletic
Association (NCRAA), among others but shall not include National
Sports Associations (NSAs)

4,2. “National Sports Associations (NSAs)” refer to associations
organized for their respective sports in the Philippines and/or affiliated
with their respective international federations which are recognized by
the International Olympic Committee or the Philippine Sports
Commission, including associations formed to represent the interest of
athletes in a particular sport

4.3. “School” refers to an institution recognized by the State which
undertakes educational operations such as grade school, high school,
college, university, or technical-vocational education and training
institution.

4.4, “Student-Athlete” refers to a student currently enrolled in any
school who is part of any of the school's athletic teams or programs
and who represents or has an intention of representing the school in an
inter-school athletic program or competition; Provided, That a student
shall still be considered a Student-Athlete for purposes of certain
provisions of this Act if there is a valid reason for his non-enrollment,
such as a long term illness, severe incapacity, or personal reasons that
are a serious hindrance to enrolling that term; Provided further, That for
purposes of being eligible to represent his school in an inter-school
athletic program or competition, the Student-Athlete shall be enrolled in
at least a minimum full-time program of studies and be in good
academic standing

SEC. 5. Rights of Student-Athletes. - Student-Athletes shall have the right to

5.1 Education

{a) It is the right of the Student-Athlete to have his educational
needs prioritized by the participating school or athletic
association. To this extent, the school administration will strive
to provide tutorials or extra academic support to assist the
Student-Athlete in maintaining good scholastic standing


(b) It is the right of the Student-Athlete to have her academic
performance monitored by the participating school to ascertain
how his involvement in athletic programs and competitions
affects her class performance.

(c) It is the right of the Student-Athlete to be allowed by the
participating school to be excused from class, which will not be
charged against his allowable absences, due to sports-related
activities and circumstances attested as true by the concerned
coach or sports official; Provided, That he makes up for the
missed classes/activities/tests,

(d) It is the right of the Student-Athlete to continue availing of
her full or partial scholarship for his continued education and/or
financial support even after suffering from injury that resulted
from his participation in the athletic program which prevents her
from further training for and competing in_ inter-school
competitions.

(e) It is the right of the Student-Athlete to complete his academic
requirements on time. In no case shall a Student-Athlete in
junior or senior high school be allowed to repeat a year level and
play at the same time.

5.2 Health and Safety

(a) It is the right of the Student-Athlete to train and compete in
safe and healthy environments as provided by the school during
practice and training sessions or by the athletic association
during inter-school athletic programs and competitions.

(b) It is the right of the Student-Athlete to be provided by the
school or athletic association with safe, well-maintained and
upgraded equipment, and well-fitted uniforms.

(c) It is the right of the Student-Athlete to have access to health
care professionals who will monitor his physical health condition
and nutritional needs, particularly during training and
competitions and right after the competitions, as provided by the
school, and to medics in emergency situations during athletic
programs or competitions, as provided by the athletic
association.

(a) It is the right of current and former Student-Athletes to
receive free or subsidized medical expense coverage from the
participating schools or athletic associations he is representing
in case of any physical injury or sports-related harm suffered by


him as a result of his participation in the athletic program or
competition

(e) It is the right of the Student-Athlete to have privacy with
regard to any personal health information that might cause
defamation or insult towards himself, such as his family's
medical history or physical or mental condition requiring
treatment, among others.

(f) It is the right of the Student-Athlete to file for a temporary
Leave of Absence (LOA) from her sport participation in school
due to valid grounds, such as the need to focus on studies,
illness/sickness or any personal/family reasons; Provided, That
an absence beyond a reasonable period may result in the loss
of scholarship or other privileges and; Provided further, That it is
understood she cannot participate in events of the athletic
associations.

(g) It is the right of the Student-Athlete to be protected by the
school or athletic association against exploitation, inappropriate
influences, and other circumstances prejudicial to his physical,
mental, emotional, social, and moral development, such as
public humiliation, among others

5.3 Choice of School

(a) It is the right of the Student-Athlete to transfer from his
current school to any school he is accepted in for any reason
such as, but not limited to:

4. Unavailability of his desired class/course;

2. Failure to pass the class/course leading to
dismissal

3. Violation of the school's policy leading to
dismissal; or

4. Personal reasons/considerations.

(b) It is the right of the Student-Athlete to be free from any act of
restriction or punishment by the old and/or the new school due
to his transfer from the former to the latter, Provided, That a
one-year residency shall be respected by the schools and
athletic associations in the case of a transfer from one college or
university to another. In no case shall this residency rule apply
to a high school student transferring to another high school or to
a college or university.

5.4 Other Rights


(a) It is the right of the Student-Athlete to undergo trainings and
workshops for the further development of his skills related to his
sport. To this end, the school or the athletic association cannot
prohibit the Student-Athlete from attending such trainings or
workshops; Provided, That he will endeavor to schedule the
same on a date that does not conflict with the game of the
school and the athletic association.

(b) It is the right of the Student-Athlete to try out and participate
in international competitions where he will represent the country
and other national competitions. This shall not prevent him from
playing for his school team or in any competitions of athletic
associations, Provided, That he remains in good academic
standing

(c) It is the right of the Student-Athlete to receive or renew his
athletic grants for the current semester or term; Provided, That
he complies with the requirements of the school where he is
enrolled in.

(q) It is the right of the Student-Athlete to be coached by skilled
sports officials who are trained in sport-specific safety and
equipped with the latest information about the risks and hazards
of their respective sports. It is also the right of the Student-
Athlete to be trained by a coach other than the ones associated
with his school; Provided, That the same is coordinated with his
coach and/or director of the school's athletic program or the
latter's equivalent; Provided further, That the Student-Athlete
shall not be prevented from exercising said right without valid
cause.

(e) It is the right of the Student-Athlete to have consistent, open,
and inclusive dialogue with school officials and athletic
associations as regards the establishment of rules, policies, and
regulations that concern and affect them.

(f)It is the right of the Student-Athlete to be treated with respect
and dignity and be free from any form of discrimination on
account of age, sex, gender, language, ethnicity, religion,
ideology, disability, education and status.

(g) It is the right of the Student-Athlete to be free from abuse or
violence, be it physical, verbal, sexual, emotional, psychological,
spiritual, or cultural in nature. Abuse or violence may occur
between the Student-Athlete and her coach, a school official or
employee, or a fellow Student-Athlete


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Student-Athletes are strongly encouraged to promptly report any
incident involving abuse or violence in order to facilitate a fast
and satisfactory resolution thereof.

(h) It is the right of the Student-Athlete to have opportunities to
engage in other safe recreational activities for the wholesome
use of his leisure hours; Provided, That it is not inconsistent with
his sport and will not expose him to undue risks

(i) It is the right of the Student-Athlete to engage in gainful
employment; Provided, That it does not interfere with his
studies, training schedule, and competition and does not
prevent him from playing for his school team or in any
competitions of athletic associations; Provided further, That he
remains in good academic standing

(j) The right of the Student-Athlete to endorse a product or to be
sponsored by a commercial brand or company shall be
respected; Provided, That this is subject to school policies and is
not used by the school as a means to entice the student to enroll
in said school

SEC. 6. Obligations of Student-Athletes. - For active involvement in the promotion
and protection of their rights:

6.1. It is the responsibility of the Student-Athlete to conduct himself in a
responsible manner at all times, reflective of the values of the school
he represents, bearing in mind that he carries the name and colors of
his school and is a role model to the other students.

6.2. It is the responsibility of the Student-Athlete to train regularly and
obey the rules set by his coach and the school.

6.3. It is the responsibility of the Student-Athlete to represent his school
in competitions chosen by his coach and/or school. In case of conflict
between a school-sanctioned competition and other competitions, he is
duty-bound to prioritize the school-sanctioned competition with the
exception of international competitions or pre-qualifying events for
international competitions

6.4. It is the responsibility of the Student-Athlete to voluntarily present
himself for the pre- and post-competition general health examinations;

6.5. It is the responsibility of the Student-Athlete to voluntarily attend
trainings and workshops designed and conducted for her;


6.6. It is the responsibility of the Student-Athlete to prioritize his
academic performance to ensure that his participation in sports will not
disrupt or hinder the completion of his class/course. He shall diligently
attend classes and comply with the minimum class/course load, pass
grade requirement and other requirements set by the schools.

A Student-Athlete shall not be allowed to participate in any competition
if he has not attained the minimum passing requirement to qualify him
to go to the next level, unless he completes his missing requirements
during summer break.

6.7. It is the responsibility of the Student-Athlete not to use, offer other
Student-Athletes or purchase any performance-enhancing drugs
(PEDs) and other prohibited substances;

6.8. It is the responsibility of the Student-Athlete to uphold the integrity
of the games, the name and reputation of his school and the athletic
association he is representing by not being involved in betting, game-
fixing, wagering, gambling and other illicit acts or activities; nor shall he
be affiliated or involved with persons associated with gambling and/or
game-fixing

6.9. It is the responsibility of the Student-Athlete to practice and
maintain a respectful and non-violent attitude towards herself, other
athletes, coaches, sports officials, and any person in general

6.10. It is the responsibility of the Student-Athlete to preserve and
promote the amateur nature of school-sanctioned competitions in all
stages, from recruitment to competition, that he participates in.

SEC. 7. Obligations of Schools -

7.1. It is the duty of the schools and their officials to support the
Student-Athlete in fulfilling her responsibilities, first and foremost, as a
student and then as an athlete

7.2. It is the duty of the schools and their officials to provide
counselors, other than the coach, who will help the Student-Athlete in
his academic work, in balancing his responsibilities and in reaching his
full potential

7.3. It is the duty of the schools and their officials to monitor the
academic performance of the Student-Athlete and certify that he
complies with the minimum class/course load, passes grade
requirement and other requirements set in this Act and by the schools.


7.4, It is the duty of the schools and their officials to provide the
Student-Athletes with a safe and healthy training environment.

7.5. It is the duty of the schools and their officials to provide the
Student-Athlete with safe, well-maintained, and upgraded equipment
and wellfitted uniforms.

7.6. It is the duty of the schools and their officials to provide the
Student-Athlete access to health care professionals who will monitor
his physical health condition and nutritional needs, particularly during
training and competitions and right after the competitions

7.7. It is the duty of the schools and their officials to provide the
Student-Athlete free or subsidized medical expense coverage in case
of any physical injury or sports-related harm suffered by him as a result
of his participation in the athletic program or competition.

7.8. It is the duty of the schools and their officials to maintain the
Student-Athlete’s full or partial scholarship for his continued education
and/or financial support even after suffering from injury that resulted
from his participation in the athletic program which prevents him from
further training for and competing in inter-school competitions.

7.9. It is the duty of the schools and their officials to allow the Student-
Athlete to file a temporary LOA from the athletic team or program due
to valid grounds such as the need to focus on studies, illness/sickness
or any personal/family reasons; Provided, That an absence beyond a
reasonable period may result in the loss of scholarship or other
privileges and; Provided further, That it is understood he cannot
participate in events of the athletic associations.

7.40. It is the duty of the schools and their officials to protect the
privacy of any personal health information of the Student-Athlete that
might cause defamation or insult towards himself, such as his family's
medical history or physical or mental condition requiring treatment,
among others.

7.11. It is the duty of the schools and their officials to protect the
Student-Athlete against exploitation, inappropriate influences, and
other circumstances prejudicial to his physical, mental, emotional,
social, and moral development, such as public humiliation, among
others.

7.12. It is the duty of the schools and their officials to uphold the
Constitutional right of the Student-Athlete to a quality education which
includes the choice of school or the right to transfer to another school
for any reason such as, but not limited to, those enumerated in Section


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5.3 (a). To this end, school officials or representatives who restrict or
otherwise prevent the Student-Athlete from transferring to another
school shall be terminated; Provided, That the one-year residency shall
be respected in the case of a transfer from one college or university to
another.

7.13. Itis the duty of the schools and their officials to allow the Student-
Athlete to try out and participate in international competitions where he
will represent the country and other national competitions. This shall
not prevent him from playing for his school team or in any competitions
of athletic associations; Provided, That he remains in good academic
standing.

7.14. It is the duty of the schools and their officials to grant or renew
the Student-Athlete’s athletic grants for the current semester or term;
Provided, That he complies with the requirements of the school.

7.15. Itis the duty of the schools and their officials to allow the Student-
Athlete to be coached by skilled sports officials who are trained in
sport-specific safety and equipped with the latest information about the
risks and hazards of their respective sports. To this end, the school and
their officials shall respect the right of the Student-Athlete to be trained
by a coach other than the ones associated with the school; Provided,
That the same is coordinated with his coach and/or the director of the
school’s athletic program or the latter's equivalent, who shall not
prevent said athlete from exercising said right without valid cause

7.16. It is the duty of the schools and their officials to ensure that no
Student-Athlete shall, on account of age, sex, gender, language,
ethnicity, religion, disability, education and status, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any athletic program or activity.

Schools shall take into account its total women student population in
granting athletic scholarship. There shall be a pro rata representation
of women in the athletic scholarship program based on the percentage
of women in the whole student population

7.47. It is the duty of the schools and their officials to protect the
Student-Athlete from abuse or violence, be it physical, verbal, sexual,
emotional, psychological, spiritual, or cultural in nature. The schools
and their officials shall promptly take notice of and act upon incidents of
abuse or violence against the Student-Athletes

7.18. It is the duty of the schools and their officials to protect the health,
safety and welfare of the Student-Athlete from PEDs and other
prohibited substances. To this end, school officials or representatives


who offer or pressure the Student-Athletes into taking PEDs and other
prohibited substances shall be terminated from the school.

7.49. It is the duty of the schools and their officials not to sponsor,
operate, advertise or promote any betting, game-fixing, wagering or
gambling scheme based, directly or indirectly, on one or more
competitive games in which Student-Athletes participate, or are
intended to participate, or on one or more performances of the Student-
Athletes in such games.

7.20. It is the duty of the schools and their officials not to intentionally
suspend or otherwise delay the Student-Athlete in junior or senior high
school from graduating in order to lengthen the period of the Student-
Athlete's eligibility,

7.21, It is the duty of the schools not to offer benefits and incentives to
the Student-Athlete to the extent that it results in the commercialization
of the Student-Athlete. For this purpose, the schools are limited to
offer:

a. Tuition, board, and lodging;
’. Uniform and equipment; and
c. A reasonable living allowance, the computation of

which shall be in accordance with the Implementing Rules
and Regulations of this Act, as approved by the director of
the schools’ athletic program or his equivalent and
standardized by the athletic association that the school is
affiliated with

7.22. It is the duty of the schools and their officials to support the
Student-Athiete’s right to undergo trainings and workshops for the
further development of his skills. To this end, the school cannot prohibit
the Student-Athlete from attending such trainings or workshops;
Provided, That he will endeavor to schedule the same on a date that
does not conflict with the game of the school

7.23. Itis the duty of the schools and their officials to conduct forums to
inform all new Student-Athletes and school officials of this law and their
corresponding rights and obligations herein. Various forms of
communication shall also be employed to keep all Student-Athletes
and school officials informed of updates, issues and reminders
regarding the exercise of the rights and observation of the obligations
mentioned herein

It is also the duty of the school and their officials to conduct forums
educating the Student-Athlete on different topics _ including

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discrimination against women, dangers of PEDs and protection from
violence and abuse.

7.24. It is the duty of the schools and their officials to allow the Student-
Athlete the opportunity to engage in other safe recreational activities for
the wholesome use of his leisure hours; Provided, That it is not
inconsistent with his sport and will not expose him to undue risks.

7.25. It is the duty of the schools and their officials to allow the Student-
Athlete to engage in gainful employment; Provided, That it does not
interfere with his studies, training schedule, and competitions.

7.26. It is the duty of the schools and their officials to preserve and
promote the amateur nature of school-sanctioned competitions in all
stages, from recruitment to competition, that the Student-Athlete
participates in.

SEC. 8. Obligations of Athletic Associations -

8.1 It is the duty of the athletic associations to support the Student-
Athlete’s choice of school without any restriction or penalty. In the
event that the issue is brought to the athletic association, the same
shall be resolved in favor of honoring the right of choice of the Student-
Athlete; Provided, That there are no violations of Section 7.21

8.2 It is the duty of the athletic associations to ensure that the Student-
Athlete plays in a safe and healthy environment during inter-school
athletic programs and competitions,

8.3. It is the duty of the athletic associations to provide the Student-
Athlete with safe, well-maintained, and upgraded equipment for use
during inter-school athletic programs and competitions.

8.4. It is the duty of the athletic associations to provide the Student-
Athlete access to medics in case of accidents, injuries, and other
emergency situations during athletic programs or competitions.

8.5. It is the duty of the athletic associations to keep and protect the
privacy of any personal health information of the Student-Athlete that
might cause defamation or insult towards himself, such as his family's
medical history or physical or mental condition requiring treatment,
among others.

8.6. It is the duty of the athletic associations to protect the Student-
Athlete against exploitation, inappropriate influences, and other
circumstances prejudicial to his physical, mental, emotional, social, and
moral development, such as public humiliation, among others.

1


8.7. It is the duty of the athletic associations not to sponsor, operate,
advertise or promote any betting, game-fixing, wagering or gambling
scheme based, directly or indirectly, on one or more competitive games
in which Student-Athletes participate, or are intended to participate, or
on one or more performances of the Student-Athletes in such games.

8.8. It is the duty of the athletic associations to support the Student-
Athlete's right to undergo trainings and workshops for the further
development of his skills. To this end, athletic associations cannot
prohibit the Student-Athlete from attending such trainings or
workshops; Provided, That he will endeavor to schedule the same on a
date that does not conflict with the game of the athletic association.

9. It is the duty of the athletic associations to allow the Student-
Athlete to try out and participate in international competitions where he
will represent the country and other national competitions. This shall
not prevent him from playing for his school team or in any competitions
of athletic associations; Provided, That he remains in good academic
standing

8.10. It is the duty of the athletic associations to sanction member-
schools which violate the rights of the Student-Athlete or fail to address
the same or otherwise allow its officials to do so. In this regard, athletic
associations shall enact rules which shall support this Act and provide
sanctions for violations thereof, which may include suspension or
disqualification of erring member-schools or officials thereof from inter-
school athletic programs and competitions

8.11. It is the duty of the athletic associations to preserve and promote
the amateur nature of school-sanctioned competitions in all stages,
from recruitment to competition, that the Student-Athlete participates in.

SEC. 9. Obligations of NSAs and the Philippine Sports Commission -

1. It is the duty of NSAs to support the schedule of the various
athletic associations to the extent possible, so as not to schedule try-
outs, trainings or trips abroad during crucial training periods or
competitions.

SEC. 10. Implementation. - The Commission on Higher Education (CHED), the
Department on Education (DepEd), the athletic associations (UAAP, NCAA, WNCAA
and SCUAA, among others), and the PSC, with the participation of representatives
from sports organizations with proven track records of involvement and promotion of
the rights and welfare of Filipino athletes, shall promulgate the Implementing Rules
and Regulations of this Act within thirty (30) days from its effectivity.

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The DepEd and CHED shall penalize schools that disregard a Student-
Athlete's academic rights and that do not sanction its officials for doing so. DepEd
and CHED shall also be responsible for penalizing schools that offer or abet in the
offer of incentives and benefits beyond those allowed by Section 7.21 of this Act. To
this end, DepEd and CHED may impose sanctions such as, but not limited to,
diminution or withdrawal of subsidy, recommendation on the downgrading or
withdrawal of accreditation, program termination, or school closure

SEC. 11. 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. 12. 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. 13. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation

Approved,

2B