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First Regular Session Wn INDELZ

HOUSE BILL NO. 2900

Introduced by Honorable ANIELA BIANCA D. TOLENTINO

EXPLANATORY NOTE

The country is experiencing a golden age in sports in the recent years. Filipino
athletes have brought pride and joy with their superb performance. From Hidilyn Diaz
to Carlos Yulo Olympic gold medal harvests, our athletes really showed the entire
world that Filipinos can compete in the global stage.

Aside from victories of Filipino athletes, the Philippines need to be compliant
with world standards that ensure fair play in international competitions. The proposed
law herein sets shall promote and support the eradication of doping in sports in the
country in compliance with its obligations under the United Nations Educational,
Scientific and Cultural Organization International Convention Against Doping in Sport,
the World Anti-Doping Code, International Standards, and Anti-Doping Rules that aim
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 bill is also congruent to the constitutional mandate that promotes 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.

For the Filipino people, the passage of the foregoing is earnestly being sought.

(wv


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
TWENTIENTH CONGRESS
First Regular Session

HOUSE BILL No, 2900

Introduced by
Honorable ANIELA BIANCA D. TOLENTINO

AN ACT PROVIDING FOR A NATIONAL ANTI-DOPING POLICY IN SPORTS,
ESTABLISHING FOR THE PURPOSE THE PHILIPPINE NATIONAL ANTI-
DOPING ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR

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.

SECTION 2. Deciaration of Policy. Article II, Section 17 of the 1987 Constitution
provides that 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.

Further, Article XIV, Section 19 (1) provides 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.”

To this end, the State shall promote and support the eradication of doping in sports
in the country in compliance with its obligations under the United Nations Educational,
Scientific and Cultural Organization International Convention Against Doping in Sport,
the World Anti-Doping Code, International Standards, and Anti-Doping Rules that aim
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.


SECTION 3. Definitions. - As used in this Act:

(a) Accredited laboratory refers to a laboratory accredited or approved by the World
Anti-Doping Agency (WADA) to test samples for the presence of prohibited substances
or the use of prohibited methods in accordance with Intemational Standards;

(b) Adverse analytical finding refers to a report from a WADA-accredited laboratory or
other WADA-approved laboratory that, consistent with the International Standard for
Laboratories, establishes in asample the presence of a prohibited substance or
its metabolites or markers or evidence of the use of a prohibited method;

(©) Administration refers to providing, supplying, supervising, facilitating, or otherwise
participating in the use or attempted use by another personof a
prohibited substance or prohibited method: Provided, however,
that this definition shall notinclude the actions of bona fide medicalpersonnel involvin
g a prohibited substance orprohibited method 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 thecircumstances as a whole demonstrate that such
prohibited substances are not intended for genuine and legal therapeutic purposes or
are intended to enhance sport performance;

(d) Anti-doping activitiesrefer to anti-doping education and information, test
distribution planning, maintenance of a registered testing pool, managing athlete
biological passports, conducting testing, organizing analysis of samples, gathering of
intelligence and conduct of investigations, processing of Therapeutic Use Exemption
(TUE) applications, results management, monitoring and enforcing compliance with
any consequences imposed, and all other activities related to anti-doping to be carried
out by or on behalf of an Anti-Doping Organization, as set out in the World Anti-Doping
Code or the International Standards;

(e) Anti-doping rules refer to the regulations on anti-doping, including regulations
under this Act, the World Anti-Doping Code, the Convention, and their amendments;
(f) Anti-doping organization refers to the WADA or a signatory that is responsible for
adopting rules for initiating, implementing or enforcing any part of the Doping Control
process, including the International Olympic Committee, the International Paralympic
Committee, other Major Event Organizations that conduct testing at their events,
International Federations, and National Anti- Doping Organizations;

(g) Anti-doping rule violation refers to the circumstance, act or conduct specified in
Section 15 of this Act;

(h) Appeal panelrefers to the National Anti-Doping Appeal Panel created under
Section 24 of this Act;

(i) Athletes refer to any person, including athletes with disability, who compete in
sports at the international level as defined by each International Federation or the
national level as determined by each National Sports Association (NSA), including any
person in the Registered Testing Pool who is otherwise subject to the jurisdiction of
this Act;

G) Athlete Biological Passport refers to the program and methods of gathering and
collating data as described in the International Standard for Testing and Investigations
and International Standard for Laboratories;

(k) Athlete support personne! refers to any coach, trainer, manager, agent, team staff,
official, medical or paramedical personnel, parent or any other person working with,
treating, or assisting an athlete participating in or preparing for a sports competition;


(1) Board refers to the Philippine National Anti-Doping Organization (PHINADO) Board
established under Section 12 of this Act;

(m) Competition refers to a single race, match, game, or singular sport contest;

(n) 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;

(0) Court of Arbitration for Sports refers to an intemational body established in 1984
to settle disputes related to sport through arbitration whose headquarter is in
Lausanne, Switzerland;

(p) Disciplinary Committee refers to the National Anti-Doping Disciplinary Committee
established under Section 22 of this Act;

(q) Doping in sport refers to the occurrence of any Anti-Doping Rule Violations as
defined in this Act;

(r) Doping Control refers to all steps and processes from test distribution planning
through to ultimate disposition of any appeal and the enforcement of consequences,
including all steps and processes in between, including but not limited to, testing,
investigations, whereabouts, TUEs, sample collection and handling, laboratory
analysis, results management and investigations or proceedings relating to violations
of Article 10.14of the Code (Status During Ineligibility or Provisional Suspension);

(s) Event refers to a series of individual competitions conducted together under one
ruling body;

(t) In-Competition refers to the period commencing at 11:59 p.m. on the day before
@ competition in which the athlete is scheduled to participate through the end of such
competition and the sample collection process related to such
competition: Provided, however, WADA may approve, for a particular sport, an
alternative definition should an International Federation provides a compelling
justification that a different definition is necessary for its sport; upon such approval
by WADA, the alternative definition shall be followed by all Major Event Organizations
for that particular sport;

(u) Intemational Event refers to a sports competition where the International Olympic
Committee, the International Paralympic Committee, an International Federation, a
Major Event Organization, or another international sport organization is the ruling body
for the event or appoints the technical officials for the event;

(v) International Federation refers to the international governing body for a particular
sport;

(w) International Standard refers to a standard adopted by the WADA in support, in
compliance with, and in the enforcement of the Code and includes any technical
documents issued in relation thereto. Compliance with an International Standard (as
opposed to another alternative standard, practice, or procedure) shall be sufficient to
conclude that the procedures addressed by the International Standard were performed
properly;

(x) 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, manage test results, and
conduct results management at the national level;


(y) National event refers to a sport event or competition involving international or
national level athletes that is not an international event;

(2) National-Level Athlete refers to athletes who compete in sport at the national level,
as defined by each NSA, consistent with the International Standard for
Testing and Investigations. In the Philippines, national- level athletes are defined as:

i, participate in the national leagues, events orcompetitions organized by their NSA or
by any sports organizations or club;

li. are affiliated to a federation, national league, sports organization or club in the
Philippines;

iil. participate to competition of events organizedby schools, colleges, other
institutions, and other intercollegiate events; or

iv. participate in professional sports.

(aa) NSAs refers to an umbrella body organized for their respective sports in the
Philippines and affiliated with their respective international federations which are
recognized by the International Olympic Committee responsible for Olympic, non-
Olympic, Paralympic sports or all sports disciplines;

(ab) Out-of-competition testing refers to the sample collection during any period other
than the period specified for in-competition testing;

(ac) Philippine National Anti-Doping Organization or PHINADO a body corporate
created under Section 6 of this Act which shall have the primary authority and
responsibility to adopt and implement all anti-doping activities in the Philippines;

(ad) Possession refers to
the actual, physicalpossession, or the constructive possession whichshall be found o

nly if the person has exclusive control or intends to exercise control over the
prohibited substance or prohibited method or thepremises in which a prohibited subs
tance or prohibited method exists: Provided, however,
that if the person does not have exclusive contro! overthe prohibited substance or pr
ohibited method orthe premises in which a prohibited substance or prohibited
method exists,
constructive possessionshall only be found if the person knew about the presence of
the prohibited substance or prohibited method and intended to exercise control over

it: Provided, however, that there shallbe no anti-
doping rule violation based solely onpossession if, prior to receiving notification of an
y kind that the person has committed an anti-

doping rule violation, the person has taken
concrete action demonstrating that the personnever intended to have possession an

d hasrenounced possession by explicitly declaring it to an anti
doping organization. Notwithstanding anything to the contrary in this definition, thep
urchase, including by any electronic or other means,

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

(ae) Prohibited Method refers to any method on the Prohibited List;


(af) Prohibited Substance refers to
any substance, orclass of substances, so described on theProhibited List;

(ag) Registered Testing Poo! 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 5.5 of the Code (Athlete
Whereabouts Information) andthe International Standard for Testing
and Investigations;

(ah) Sample or specimen refers to any biological material collected for
the purposes of doping control;

(ai) Tampering refers to intentional conduct which subverts the Doping
Control process but which would not otherwise be included in the definition of
prohibited methods. Tampering shall include offering or accepting a bribe to perform
or fail to perform an act, preventing the collection of a sample, affecting or making
impossible the analysis of a sample, falsifying documents submitted to an Anti-Doping
Organization from witnesses, committing any other fraudulent act upon the Anti-
Doping Organization or hearing body to affect results management or the imposition
Of consequences, and any other similar intentional interference or attempted
interference with any aspect of doping control or TUE committee or hearing panel,
procuring false testimony in furtherance of any of the foregoing;

(aj) Testing refers to the parts of the doping control process involving test distribution
planning, sample collection, sample handling, and sample transport to the laboratory;

(ak) Therapeutic Use Exemption allows an athlete with a medical condition to use a
prohibited substance or prohibited method but only if the conditions set out in Article
4.4 of the Code (Therapeutic Use Exemption) and the International Standard for
Therapeutic Use Exemptions are met;

(al) 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 means, by an athlete,
athlete support person or any other person subject to the authority of an anti-doping
organization to any third party: 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 purposes
or are intended to enhance sport performance;

(am) Use refers to the utilization, application, ingestion, injection, or consumption by
any means of any prohibited substance or prohibited method;


(an) World Anti-Doping Agency herein referred to as WADA refers to the sports body
set up for the purposes of coordinating anti-doping activities worldwide;

(ao) World Anti-Doping Code herein referred to as “Code” refers to the core document
that harmonizes anti-doping policies, rules, and regulations within sports organizations
and among public authorities around the world; and

(ap) Organization refers to the Philippine National Anti-Doping Organization created
under this Act.

SECTION 4. Coverage. - The provisions of this Act shall apply to the following:

(a) Philippine National Anti-Doping Organization;

(b) International-level and National Level Athletes;

(c) Athlete Support Personnel;

(d) NSA; and

(e) Other sports organizations, sports associations,and sports clubs.

SECTION 5. Prohibition of Doping in Sport. —
Athlete, support personnel, and other persons covered by this Act:

(a) Shall not engage in doping in sport;

(b) Shall not conceal or fail to disclose any occurrence of any Anti-Doping Rule
Violation as specified in this Act or by the Code;

(c) Shall participate in a sport competition at all levels with highest standards of
integrity and ethics and in accordance with the provisions of this Act and the rules and
regulations made thereunder;

(d) Shall accept the anti-doping rules as a condition

of such participation or involvement and be boundby the provisions of this Act and t
he rules and regulations made thereunder;

(e) Shalt be responsible for knowing what constitutes Anti-Doping Rule Violations and
the restrictions on the use of prohibited substances and the
prohibited methods which are included in the Prohibited List; and

(f) Shall bear any other responsibility as specified in the Code and the anti-doping
rules.

SECTION 6. Establishment of the _ Philippine National  Anti-
Doping Organization (PHINADO). - There is hereby established a body corporate
known as the Philippine National Anti-Doping Organization, herein referred to as
the PHINADO, designated by the Republic of the Philippines as possessing the primary
authority and responsibility to adopt and implement anti-doping rules, direct the
collection of samples, manage test results and conduct results management at the
national level.

The PHINADO shall be established as an attached agency to the Philippine Sports
Commission (PSC), with its own budget separate from the PSC: Provided, however,


that the PHINADO shall enjoy autonomy and independence in its operations, decisions,
and activities.

SECTION 7. Powers and Functions of the PHINADO.-1n addition to the
obligations of National Anti-Doping Organizations indicated in the Code, the PHINADO
shall exercise the following duties as are necessary to facilitate the control and
prevention of doping in sports:

(a) To adopt and implement anti-doping rules, regulations and policies which conform
to international obligations and commitments for promoting, coordinating and
monitoring the doping control program in sports to ensure doping-free sport;

(b) To implement the United Nations Educational Scientific and Cultural Organization
Convention Against Doping in Sport, herein referred to as the “Convention”; the Code,
and other rules and regulations in accordance with this Act;

(c) To develop a national strategy to address dopingin sport in collaboration with the
PSC, government agencies, and the private sector;

(d) To plan, coordinate, implement and monitor anti-doping activities in the country,
including the collection of samples, manage test results, and to conduct results
management in all sports, sport associations, sport organizations, and sport clubs at
the national level;

(e) To enter into contracts and to acquire movable and immovable property;

(f) To promote anti-doping research in the field of prohibited substances and methods
and doping practices in sport;

(g) To establish a program to support research and training in methods of detecting
the use of performance-enhancing drugs by athletes;

(h) To provide information to athletes, athlete support personnel, and other
stakeholders on the updated list of prohibited substances as published by the WADA,
including the procedures for, and developments concerning the collection and
testing of sample in accordance with the Code and any standards developed
by WADA;

(i) To maintain data of all prohibited substances and prohibited
methods in accordance with the directions of the WADA;

(j) To select athletes who shall be requested to provide samples for testing when
necessary;

(k) To 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;

(1) To conduct investigation for purposes of determining possible violations of this Act
and pursuant thereto, the PHINADO may invite witnesses to testify and direct them
to bring or produce related documents as evidence. In case of non-compliance, the
PHINADO may seek judicial assistance to compel attendance and compliance with its
directives or request the court to exercise its contempt power to compel compliance;
(m) To conduct results management of any Anti-Doping Rule Violations;

(n) To undertake steps aimed at ensuring that the Government and the Philippine
OlympicCommittee (POC) complies with internationalagreements and other
arrangements to which thePhilippines is a party concerning the use of drugs and
doping in sport;



(0) To enforce anti-doping rules by exercising authority over athletes, athlete
‘support personnel, and other persons, including NSAs and other
sports organizations;

(p)To coordinate and cooperate with the WADA, Other Anti-
Doping Organizations, NSAs, andInternational Associations;

(q) To facilitate and share information relating to the use of prohibited substances
and prohibited methods, doping practices, or any Anti-Doping Rule Violation between
sports bodies, officials conducting sports competitions or events, otheranti-
doping organizations and agencies;

(r) To use only WADA accredited laboratories or laboratories otherwise approved by
WADA for analysis of samples and other required specimen;

(s) To maintain the Whereabouts of a Registered Testing Pool in accordance with the
Code and International Standard for Testing and Investigations;

(t) To prosecute anti-doping offenses;

(u) To oversee all activities of the TUEC;

(v) To establish code of conduct for officers and employees of the PHINADO and for
such other persons or agencies engaged by the organization;

(w) To undertake any other activity specified by regulations of the Board that
may be expedientfor fulfilling the objective of eliminating doping insport;

(x) To submit annual report to the Office of the President and both Houses of
Congress; and

(y) To implement the provisions of this Act.

In the performance of its functions, the PHINADO shall address the needs of minors,
protected persons, 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.

SECTION 8. Organizational Structure. The
PHINADO shall be headed by a Director General and shall be assisted by a Deputy
Director General. The Human Resource complement of the PHINADO shall be
organized and set up by the Director General.

The organizational structure of the PHINADO including the position classification and
compensation of all the officers and employees thereof shall be recommended by the
Board subject to existing rules, regulations, and guidelines prescribed by the
Department of Budget and Management (DBM) and the Civil Service
Commission (CSC).

SECTION 9. The Director General. - The Director General shall be appointed by
the President of the Philippines, from among the persons of integrity and outstanding
ability with an extensive background in sports, sports medicines or sciences and other
related fields.

The Director General shall hold office on a full-timebasis for a period of five

(5) years, which may be extended to such further period, at the pleasure of the
President. The Director General shall be responsible for the execution of the powers
and functions of the PHINADO as prescribed under this Act, shall have
administrative control over the officers and other staff of the PHINADO.


In the event of the occurrence of a vacancy in theoffice of the Director General by re
ason of his death,resignation, or continued disability to discharge the
office, the Board may appoint any other person to discharge the functions of the
Director General until a new Director General is appointed by the President.

The Director General may relinquish his office bysubmitting in writing to the Presiden
t of the Philippines a notice of not less than three (3) months before the effectivity
date of his resignation: Provided, That
suchresignation shall be effective from the date when it isaccepted by the President.

SECTION 10. The Deputy Director General. - The Deputy Director General shall
be appointed by the Board to assist the Director General in managing and overseeing
PHINADO’s anti-doping program, and to ensure strict adherence to the Code and
international standards. This position shall actively engage with governmental
agencies, NSAs, affiliated organizations, and non-government stakeholders to
maintain effective anti-doping operations.

SECTION 11. Employment of other officers and employees, —The Director
General may appoint such officers and employees, subject to the rules and
regulations of the CSC and the DBM, 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 PHINADO if such person was not a
member or official of a national sports body at feast two (2) years
immediately preceding the appointment.

SECTION 12. Establishment of the PHINADO Board. — For purposes of this Act,
the PHINADO Board is hereby established and shall be composed of the following:
(a) Chairperson of the PSC as Chairperson;

(b) Secretary of the Department of Science and Technology (DOST)

(©) Secretary of the Department of Health (DOH);

(d) Secretary of the Department of Education (DepED);

(e) Chairperson of Commission on Higher Education (CHED);

(f) President of the Games and Amusement Board(GAB);

(g) President of the POC;

(h) President of the National Paralympic Committee; and

(i) 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, 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 members of the Board. To ensure their independence,
members of the private sector should not be appointed if that person:

a) Is a member of or an official of a NSA;


b) Is employed by or is associated with any person who ‘supplies goods or services to
the PHINADO or whose spouse or family member is so employed or associated therein,
or

c) Isan 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 the event of the occurrence of a vacancy in the office of the Chairperson
or Members of the Board by reason of death, resignation,
retirement or when the Chairperson or Member
is unable to discharge his functions owingto absence, illness or any other cause, the
Board may assign temporarily any member of the Board for the period of
vacancy, and such person shall discharge thefunctions of the Chairperson or Member
as the casemay be, until a new Chairperson or Member, appointedin accordance wi
th the provisions of this Act to fill suchvacancy, enters

upon his office, or until the date onwhich the Chairperson or Member resumes duties
of his office.

SECTION 13. Powers and Functions of the Philippine National Anti-Doping
Board. - There shall be established, for the purposes of this Act, a Board to be called
the PHINADO Board and shall have the following functions:

a) To ensure implementation of the international obligations and commitments and to
monitor the compliance thereof;

b) To advise the President of the Philippines and the PSC Chairperson on matters
relating to the regulations on anti-doping in sports and international obligations and
commitments;

c) To determine the date, time, venue, and quorum for the meetings as well as the
procedure for transaction of business;

d) To establish such Committees as well as to appoint their members, necessary or
expedient to assist PHINADO in the performance of its functions under this
Act: Provided, That the Committees or Panels established under this Act may adopt
and regulate their own internal rules of procedures consistent with this Act;

) To oversee the processes of the different Committees created under this Act;

f) To control, supervise and administer the assets of the PHINADO in such manner as
best promotes the purpose for which the PHINADO is established;

g) To determine the provisions to be made for capital and recurrent expenditure and
for the reserves of the PHINADO;

h) To receive any grants, gifts, donations orendowments and make legitimate
disbursements therefrom;

i) To open such bank accounts for the funds of thePHINADO as may be necessary;

j) To lay down policy guidelines for operations and management of all funds collected
by the PHINADO;

k) To oversee the activities of the PHINADO and require the PHINADO to submit
information and reports relating to its operation;

|) To enter into associations with other bodies or organizations within and outside
Philippines as the PHINADO may consider desirable or appropriate in furtherance of
the purpose for which the PHINADO is established;



m) To make regulations not inconsistent with any provision of this Act, the Code,
Conventions, and international standards; and

n) To 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 PHINADO
under this Act.

SECTION 14. Meetings of the Board.
- The Board shallmeet at such times and places, and shall observe suchprocedure wi
th regard to the transaction of business at its meetings, including the quorum at such
meetings, as may be provided by regulations made by the Board. Every decision of
the Board shall be on the basis of a simple majority of the total membership of the
Board.

SECTION 15. Anti-Doping Rule Violations. — Anyone
of the following circumstances, acts, or conduct committed by an athlete, athlete
support personnel, or any other person, shall constitute an Anti-Doping Rule
Violation:

(a) The presence of a prohibited substance or its metabolites or markers in an athlete's
bodily specimen;

(b) The use or attempted use of any prohibited substance or a prohibited method,
unless such use is exempted by the TUEC under Section 18 of this Act;

(c) Refusing or failing without compelling justification, to submit sample collection
after notification as authorized in applicable anti-doping rules or otherwise evading
sample collection;

(d) Whereabouts failures by an athlete committed under any of the following
instances:

i. filing failure wherein the athlete has failed to submit his whereabouts information
before the required deadline or to update the
same aftera change in circumstances, or even ifsubmitted on time, is incomplete, ina
ccurate,or insufficient information to locate him for testing;

ii, Missed test wherein the athlete has filed his whereabouts information but is not
available at the location for testing; or

iii. Such other omissions or failures as specified under Artide 2.4 of the
Code (Whereabouts Failures by an Athlete).

(e) Tampering, or attempting to tamper, with any part or process of doping control;
(f) Possession of prohibited substances or prohibited methods;

(g) Trafficking or attempted trafficking of anyprohibited substance or prohibited
method;

(h) Administration or attempted administration of a prohibited substance or prohibited
method to any athlete during in-competition or out-of-competition;

(i) Assisting, encouraging, aiding, abetting, conspiring, covering-up or any
other type of complicity involving an Anti-Doping Rule
Violationor any attempted Anti-

Doping Rule Violation orviolation of the prohibition against participationduring ineligi
bility or provisional suspension; and

(j) Discouraging or retaliating against reporting to authorities.


All of the above-indicated anti-doping rule violations shall be interpreted and applied
in accordance with Article 2 of the Code (Anti-Doping Rule Violations).

SECTION 16. Consequences of Anti-Doping Rule Violations, -The
consequences of Anti-Doping Rule Violations by an individual athlete, athlete support
Personnel or any other person covered under this Act, may result in one or more of
the following, as further detailed in Article 10 of the Code:

(a) Disqualification of results, with all consequences including forfeiture of medals,
Points and prizes, in such manner as may be specified by the PHINADO;

(b) Ineligibility to participate in any competition or event or other activity or funding,
for such period and in such manner, as may be specified by the PHINADO;

(c) Provisional suspension from participating in anycompetition or activity prior to th
e decision inappeal;

(d) Imposition of financial sanction includingproportionate recovery of costs, for the
training and other related expenses; and

(e) Public disclosure and such other consequences as may be specified by the
PHINADO.

The consequences of Anti-Doping Rule Violationsfor team sports and any
other persons covered under this Act shall be determined by the Board.

SECTION 17. Conformity to Anti-Doping Rules. - Each NSA, sports association,
sports organization, sports club, and sports federation shall require all athletes and
athlete support personnelto agree tobe bound by all Anti-Doping Rules
and the PHINADO’s results’ management authority in conformity with the Code as a
condition for such participation.

An athlete or athlete support personnel who is not a minor shall be required to sign a
conformity to the Anti-Doping Rules and submit the same to the PHINADO. In case of
a minor, the parent/s or guardian shall sign such acceptance and submit the
acceptance to the PHINADO.

SECTION 18. Therapeutic Use Exemptions. — Any athlete with a medical
condition, requiring the use of a prohibited substance or prohibited method, may apply
for a therapeutic use exemption, with the assistance of the athlete's NSA, where
necessary, to the Therapeutic Use Exemptions Committee established pursuant to
Section 19 of this Act, for a therapeutic use exemption, in accordance with the
provisions of this Act and the Anti-Doping Rules.

SECTION 19. Therapeutic Use Exemption Committee. - There shall be created
a TUEC to consider applications for TUEs for athletes in accordance with the relevant
provisions of this Act, the Code and the International Standard for Therapeutic Use
Exemptions (ISTUE).

The TUEC shall be composed of five (5) independent medical experts, including the
TUEC Chairperson, who shall be elected from among the members of the TUEC.

The TUEC members must be medical doctors for not less than five (5) years of
experience in the fields of clinical, sports and exercise medicine, psychiatry, para-


sports, and with significant experience in the care and treatment of
athletes: Provided, that the TUEC Chairperson must be a medical Practitioner with
seven (7) years of experience in the same fields of expertise.

SECTION 20. Duties of the TUEC. - The TUEC shallexercise the following duties:

a) To receive, review, reject, and approve applications for the grant of TUE by athletes
who compete at the national level, and at the international level, if requested to do so
by an international federation;

b) To review TUE issued by an international federation for compliance with
the ISTUE for the purpose described in Article 4.4.3.2 of the Code (Cin case where the
athlete does not already have a TUE granted by the NADO for the substance or method
in question);

¢) To refer to the WADA any TUE issued by an international federation which in its
view does not meet the requirements of the ISTUE;

d) To notify the concerned athlete and sports association of the result of the TUE
application; and

e) To perform any other functions that are conferred by this Act or the ISTUE.

The TUEC shall comply with the following in the performance of its duties:

a) The Convention;

b) The Code;

¢) International Standard for Therapeutic Use Exemptions;

d) The Prohibited list;

e) The provisions of this Act; and

f) The PHINADO’s Anti-Doping Rules.

Any person aggrieved by the decision of the TUEC may file an appeal to the Appeal
Panel established under Section 24 of this Act.

SECTION 21. Accredited WADA Laboratories. — A sample taken from an athlete
shall be analyzed only at an accredited WADA laboratory or laboratory approved by
WADA to detect prohibited substances and prohibited methods or as otherwise
permitted by Article 6.2 of the Code (Purpose of Analysis of Samples and Data). A
sample shall not be analyzed for any other purpose unless:

(a) The athlete consents in writing;

(b) Any means of identification is removed to ensurethat the sample cannot be
traced back to the athlete; and

(c) The results of all tests shall be submitted to the PHINADO.

SECTION 22. Disciplinary Committee, - There shall be established a Disciplinary
Committee, which shall comply with the requirements found in the definition of
Operational Independence in the Code and shall consist of:

(a) A Chairperson who is a legal expert with not less than ten (10) years of experience
as a legal practitioner;

(b) Two (2) legal practitioners who have at least five (5) years of experience; and
(c) Two (2) persons who have had previous experience in sports administration and
sports medicine or related fields.


(d) The Chairperson and members of the Disciplinary Committee shall
be appointed by the Board for a term of six (6) years and shall be eligible for
reappointment for another term. The quorum for the conduct of the business of the
Panel shall be three (3) members.

SECTION 23. Duties and Jurisdiction of theDisciplinary Committee. -The Di

sciplinary Committeeshall exercise the following duties:

(a) To receive, examine, and hear Anti-Doping Rules violation;

(b) To conduct disciplinary hearing related to Anti-Doping Rules violations;

(c) To determine whether a violation of the Anti-Doping Rules has occurred;

(d) To issue contempt orders, and provide administrative penalties in the enforcement
thereof to ensure compliance;

(e) To impose sanctions and penalties of Anti-Doping Rules violations; and

(f) To Perform any other functions that are conferred or imposed on the

Panel under this Act, the Code or the International Standard for Results Management.

The Disciplinary Committee shal! comply with the following in the performance of its
work:

(a) The Convention;

(b) The Code;

(c) International Standard for Results Management;

(d) The Prohibited List;

(e) The provisions of this Act; and

(f) The PHINADO’s Anti-Doping Rules

Anti-Doping Rules violations involving national level athletes, athlete support
personnel, NSA’s and sports organizations, shall be resolved by the Disciplinary
Committee at the first instance within a period of thirty (30) days, after the conduct
of the hearing or submission of pleadings and subject to appeal to the Appeals Panel
within fifteen (15) days from receipt of the decision of the Disciplinary Committee.
Notwithstanding the aforementioned, the WADA’s deadline to appeal to the Appeal
Panel shall be as specified in the Code.

The Appeals Panel must resolve the matter within thirty (30) days from receipt of the
entire records from the Disciplinary Committee. Appeal to the Court of Arbitration for
Sport may also be filed, by those parties with a right to appeal to the Court of
Arbitration for Sport as specified in the Code, within fifteen (15) days from receipt of
the decision of the Appeals Panel. Notwithstanding the aforementioned, the WADA’s
appeal deadline to appeal to the Court of Arbitration for Sport shall be as specified in
the Code. The decision of the Court of Arbitration for Sport shall be final and executory.

Anti-doping rule violations arising from participation in an international event or
involving International levelathletes shall be resolved by the Disciplinary Committee at
the first instance where PHINADO is the results management authority and may be
appealed directly to the Court of Arbitration for Sport by those parties with a right of
appeal to the Court of Arbitration for Sport as specified in the Code. The decision of
‘the Court of Arbitration for Sport is final and executory.


All impositions of penalties and recommendations, however, shall be implemented by
the PHINADO.

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

SECTION 24. Appeal Panel. — There shall be established an Appeal Panel for
Purposes of hearing the appeals filed pursuant to this Act and shall be composed of
the following:

(a) A Chairperson who is a member of the Philippine Bar with at least ten (10) years
of legal practice;

(b) Two (2) members who are members of the Philippine Bar with at least five
(5) years of legal practice; and

(c) Two (2) members who are registered medical practitioners with at least seven (7)
years of experience.

The Chairperson and other members of the Appeal Panel shall be appointed by the
PSC for a term of five (5) years, and shall be eligible for reappointment for another
five (5) years: Provided, That each membershall be eligible for reappointment.

SECTION 25. Doping Control Process. - In the exercise of its Powers, duties and
responsibilities, the PHINADO shall perform the following acts, subject to the Code
and International Standards, existing laws, rules, and regulations:

(a) Collect samples and testing. In accordance with the International Standards, the
PHINADO may, randomly at its discretion or when it has reasons to believe, that an
athlete has committed an Anti-Doping Rule Violation, require such person to provide
samples for doping control, in accordance with such procedure and in such manner,
as may be specified by this Act;

(b) Entry, Search and Seizure. Where the PHINADO has reasons to believe that an
athlete, athlete —_ support personnel or any other person covered by __ this
Act has committed an Anti-

Doping Rule Violation, any person authorized by thePHINADO, after securing the
appropriate search warrant, and in the presence of local police authorities, may:

i. enter and search any place, for the purpose ofinspecting, examining, and obtaining
evidence of any Anti-Doping Rule Violation has been committed or is being
committed; and

ii. seize any equipment, device, substance, record, register, document or other
material object, as evidence of such Anti-Doping Rule Violation for purposes of
prosecution or mitigation or prevention o any Anti-Doping Rule Violation.

(c) Result Management Process. After receiving an adverse report from a WADA
accredited laboratory showing presence of any prohibited substance or the use of any
prohibited method in the sample of an athlete, the PHINADO shall carry out initial


examination of the report and
verify if TUE has been granted to such athlete inrespect of such substance, in
addition to carrying out any other review required by the International Standard for
Results Management.

The PHINADO shall take such action in such manner specified by the International
Standard for Results Management following the initial review.

SECTION 26. Registered Testing Pool. -The PHINADO shall establish a
Registered Testing Pool in accordance with the Code and the International Standard
for Testing and Investigations. The PHINADO 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 PHINADO shall notify the concerned athlete, in writing,
of the inclusion of his or her name in its Registered Testing Pool, and shall also notify
the athlete in writing when they are removed from the Registered Testing Pool.

SECTION 27. Data of Athletes and Maintenance of Database. - The PHINADO.
shall collect, use and process the following personal data for the Purposes of
implementing the objectives of this Act and in accordance with applicable data
Privacy regulations:

(a) List of Anti-Doping Rule Violations committed byan athlete under this Act or the
Code and the details of such violation;

(b) Medical history of the athlete;

(c) Whereabouts information of the athlete; and

(d) Any other personal data as it may deem necessary.

The PHINADO may issue regulations to govern theprocedure for collection, usage,
Processing and disclosure of the personal data. It shall establish and maintain a
database to record all the sanctions imposed by the PHINADO, the Disciplinary
Committee, the Appeal Panel, and such other details of the sanctions, in such
manner, as may be prescribed by regulations.

SECTION 28. Duties and Responsibilities of Athletes, Athlete Support
Personnel, NSAs, sports organizations, sports associations, and Sports
clubs. -The athletes, athlete support personnel, NSAs sports organizations, sports
associations, and sports clubs shall:

(a) Respect PHINADO’s TUEC's, Disciplinary Committee and Appeal Panel’s autonomy
and not to interfere with its operational decisions or activities;

(b) Require clubs and other similar bodies under its authority to report to PHINADO
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;

(c) Cooperate with the conduct of operation of an investigation, including
establishment of a doping test rooms at an event sponsored by it or
subordinated bodies;

(d) Take appropriate information delivery and implement support measures towards
athletes who are part of the PHINADO’s Registered Testing Pool such as ensuring
them to submit whereabouts filing in the Registered Testing Pool;


(e) Report to PHINADO, 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;

(f) Comply with anti-doping rules; and

(g) Assist PHINADO in formulating rules, regulations, and policies to promote anti-
doping.

Lack of knowledge about anti-doping regulations and the substances and methods,
which have been included on the Prohibited List shall not be a justification for non-
compliance of any of the provisions provided for under this Act.

NSAs shall obey the provisions of this Act and PHINADO rules in case of imposition of
sanctions against athlete, athlete support personnel or other person under the NSA’s
Jurisdiction. Non-execution of obligations stipulated herein by the NSA shall be
considered as a violation of this Act.

SECTION 29. Administrative Sanctions andPenalties. - Where any athlete has
been found to have committed any anti-doping rule violation as defined under Section
15 of this Act, the consequences of such violation as provided in Section 16 hereof as
well as the PHINADO Rules shall apply for the purpose of determining and imposing
the appropriate consequences.

Provided, That athlete support personnel, coaches, trainers, or any other person who
connive, conspire, assist, aid, abet, or cover-up any _ other type of
complicity involving an Anti-Doping Rule Violation or any attempted Anti-
Doping Rule Violation shall also be subject to administrative sanctions and penalties
under this Act and the PHINADO Rules.

Where a medical professional is found to be in complicity with Anti-Doping violations,
the Disciplinary Committee shall endorse the violation to the Professional Regulatory
Commission, who shall also impose, depending on the gravity of the violation, the
penalty of suspension or revocation of professional license.

SECTION 30. Integration of Anti-Doping Policy into the Educational
System. - The PSC, the DepED, the CHED, the National Academy of Sports, in
coordination with the PHINADO, 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.

SECTION31. Appropriation. - The amount needed forthe initial implementation of

this Act shail be charged against the current year’s appropriations of the PSC for the
maintenance and other operating expenses of the PHINADO. Thereafter, the required
budget for the continued implementation of this Act shall be appropriated from the
General Appropriation Act directly to the PHINADO based on the annual financial plan
approved by the Board and submitted to the DBM.


SECTION 32. Transitory Clause.- All property, assets, rights, liabilities, obligations,
agreements, conveyances, deeds, leases, licenses, 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 PHI-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 PHINADO established under this Act to the same extent as they
were enforceable by or against the former PHI-NADO before the commencement of
this Act.

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

SECTION 33. Implementing Rules and Regulations. -The PHINADO, in
consultation with the PSC, DOH, GAB, NSAs, POC, CHED, DepEd, NAS, Philippine
Regulation Commission shall, not later than thirty (30) days upon the effectivity of this
Act, promulgate the necessary rules and regulations for the effective implementation
of this Act: Provided, That failure to promulgate the rules and regulations shall not
Prevent the implementation of this Act upon its effectivity.

SECTION 34. Separability Clause. - If any part or provision of this Act is held
invalid or unconstitutional, the other provisions not affected thereby shall remain in
full force and effect.

SECTION 35. Repealing Clause. - All laws, executive orders, issuances, decrees,
rules, and regulations inconsistent with or contrary to the Provisions of this Act are
deemed amended, modified, or repealed accordingly.

SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,