. !  
I '?*?!V{ 
. 
,.. 
... " 
. '', $ :: 
._ 
- 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
1 F$i ',,. 
:> .? 
./. , 
OF THE PHILIPPINES 
) 
LO 
; ,.8 
., , 
First Regular Session 
1 
SENATE 
%No. 
1914 
Introduced by Senator Miriam Defensor Santiago 
~~ 
EXPLANATORY NOTE' 
The Constitution, Article 11, 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 use of anabolic steroids, performance enhancing substances, controlled 
substances by professional 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 
aspiring athletes who will use these products to attempt to be more competitive. 
The detrimental health effects of these substances are well-documented including 
stunted growth, scarring 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 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. 
, 
' This bill was originally filed by the Senator during the 13" Congress 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
-t 
{$!G\f 26 !:J; 
;*;;,s \
,
 
First Regular Session 
) 
S. No. 
a 
c 
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 2007.” 
SECTION 2. Definitions. - For purposes of this Act, the followiiig terms shall 
mean: 
(1) “Accreditation Body” - means the private nonprofit organization authorized 
under Section 4 to audit, inspect, and certify professional and amateur or collegiate 
leagues. 
(2) “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. 
(3) “Professional Athlete” - means an individual who competes in a major 
professional league. 
(4) “Amateur Athlete” - means an individual who competes in a major amateur or 
collegiate league. 
(5) “SEASON OF PLAY” - 
(A) 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 
24 
which professional and amateur athletes of that league are collectively obligated 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
I6 
17 
18 
19 
20 
21 
22 
23 
24 
25 
to report to their teams in preparation for play and ending with the last game of 
the league’s regular season. 
(El) “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 Perfo?mance-Ezhancing and other 
Controlled Substances. - 
(1) In General -Not later than one hundred eighty (180) days after the date of the 
enactment of this Act, the Philippine Sports Commission (F‘SC) 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- 
(A) 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; 
(El) the applicable prohibited substances for which professional athletes shall 
be tested, 
(C) a method of testing and analysis which guarantees that - 
(i) 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 
(ii) the determination of the persons to be tested, and the timing and 
frequency of testing, is not controlled by the major professional and amateur 
26 
or collegiate league; 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
(D) 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; 
(E) 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 €ails to submit to a required test; 
(F) an adequate appeals process; and 
(G) procedures for publicly disclosing the identity of any athlete who tests 
positive for a prohibited substance. 
SECTION 4. Authorization of Independent Accreditution Body 
and 
Certification.- 
(1) 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 - 
(A) audit a major professional or amateur or collegiate league's testing 
protocols and policies with such frequency as the PSC shall determine; and 
(B) 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. 
(2) Certification Requirements - 
(A) 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; 
(B) Application and Requirements for Certification - To be certified under 
27 
this section, a major professional or amateur or collegiate league shall - 
3 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
IS 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
(i) submit an application to the accreditation body in such form and 
manner as the PSC shall prescribe, which application shall describe the 
characteristics of the major professional or amateur or collegiate league's 
prohibited substance testing protocols, policies and procedures, including: 
(a) the number and types of tests for prohibited substances conducted 
in a calendar year, including the actual number of professional athletes 
tested; 
(b) the methodologies used for administering tests and other 
procedures employed; 
(c) the qualifications, educational background, training, and experience 
of the laboratory personnel selected to evaluate the tests; and 
(d) adjudication policies and procedures, including policies and 
procedures governing an appeals process. 
(ii) 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 
(iii) 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. 
(3) 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 - 
(A) has been guilty of misrepresentation in obtaining the certification; 
(B) has failed to comply with the requirements of this section or the standards 
established under section 3; 
(C) has failed to comply with reasonable requests of the accreditation body for 
any information or materials that the accreditation body concludes is necessary to 
4 


7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
determine the major professional and amateur or collegiate league’s continued 
eligibility for certification; or 
(D) 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. 
(4) Report - The accrediting body shall report to Congress whenever a major 
professional league fails to receive certification under subsection (2) or a major 
professional and amateur or collegiate league’s certification is revoked or suspended, 
under subsection (3). 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. E’ectivily 
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, 
5