EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. Rodriguez

House Bill No. 4862

EXPLANATORY NOTE

The use of performance enhancing drugs in sports has been a big concern not only
of the Philippines but all international sports governing bodies. They have enacted measures
to ensure that athletes stay clean and competition is fair.

However, there are still instances when athletes have been found to have used
performance enhancing drugs or have taken banned substances whether knowinaly or not.

This is why we need an organization that will work towards combating and preventing
doping in all intemational and national-level sports; testing for prohibited substances and
methods, and penalizing violations.

This will ensure the country’s full participation in all international competitions.

In view of the foregoing, immediate approval of this measure is eamestly requested.

Mires
RUF} Ll oe


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled

SECTION 1. Short Title. — This Act shall be known as the “Anti-Doping in Sports Act.”

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

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

The State shall comply with its obligations under the United Nations Educational,
Scientific and Cultural Organization International Convention Against Doping in Sport, which
aims to formalize global anti-doping rules, policies and guidelines in order to provide an
honest and equitable playing environment for all athletes and promote the health of athletes
globally

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

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

‘a. Accredited laboratory refers to a laboratory approved by the WADA to test

samples for the presence of prohibited substances in accordance with
International Standards;

b. Adverse analytical finding refers to 2 report from an accredited iaboratory that
identifies in a sample, the presence of a prohibited substance of its metabolism or
markers or evidence of the use of a prohibited method,

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

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


a

ji, involving a prohibited substance which is not prohibited in out-of-
competition testing unless the circumstances as a whole demonstrate
that such a prohibited substance is not intended for genuine and legal
therapeutic purposes or is intended to enhance sport performance
Anti-doping refers to the prevention or control of doping
Anti-doping organization refers to a signatory to the Code that is responsible for
adopting rules for initiating implementing or enforcing any part of the doping
contro! process, and includes —
i The International Olympic Committee;
ii The International Paralympic;

iii, | The WADA;

iv. An intemational sporting federation;

v ‘A major event organization that conducts testing at its events;
vi. The PH-NADO; and

vi. _ Any other National Anti-Doping Organization.

Anti-doping rules refers to regulations on anti-doping, including but not limited
regulations under this Act, Code, the Convention, and their amendments;
Athlete refers to’
i Any person who participates in a sport-
1. Asan international-level athlete;
2. As anational-level athlete,
Including but not limited to any person in the Registered
Testing Pool who is otherwise subject to the jurisdiction if this
Act
it For purposes of information and education, any person referred to
in paragraph (i) and any other competitor in sports;
Athlete Support Personnel refers to any of the following —
i. Parent or guardian of an athiete who is a minor;
ii, Medical practitioner or paramedical personnel,
il, Coach, trainer, manager, official, agent, or team staff,
iv. Any other person working with or treating or assisting an athlete
Participating in or preparing for sports competition.
Code refers to the World Anti-Doping Code adopted by the WADA, and includes
any amendments to the Code adopted by WADA, from time to time;
Competition or Sporting Competition refers to a sporting activity consisting of a
single race, match, game or athletic contest:
Complicity refers to assisting, encouraging, aiding, abetting, conspiring, covering
up or any other type of international act or omission involving an anti-doping rule
violation or violation of Article 10.12.1 of the Code by another person;
Convention refers to the United Nations Educational Scientific and Cultural
Organization Convention Against Doping in Sport adopted by the 33" session of
the United Nations Educational Scientific and Cultural Organization General
Conference on 19" 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;
Doping refers to the use of prohibited substances and methods in any sporting
activity in order to artificially enhance performance;
Doping Control refers to all the steps and processes from test distribution
planning, through ultimate disposition of any appeal including all steps and
processes in between, such as provisions of whereabouts information, sample
collect and handling, results management and hearings;
Event refers to a series of individual competitions conducted together under one
international sporting federation or national sporting organization or ruling body;
In competition refers to the period commencing twelve hours before a competition
in which the athlete is scheduled to participate through the end of such


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competition and the sample collection process related to such competition,
unless provided otherwise in the rules of an international federation or the body in
charge of an event;
International-level athlete refers to an athlete who competes in sport at the
international level, as defined by each intemational federation, consistent with the
International Standard for Testing and Investigations;
International Standard refers to a standard adopted by the WADA in support of
the Code and includes any technical documents issued pursuant to the
International Standard;
National Anti-Doping Organization refers to the entity designated by each
country as possessing the primary authority and responsibility to adopt and
implement Anti-Doping Rules, direct the collection of samples, the management
of test results, and the conduct of hearings at the national level and where this
designation has not been made by the competent public authorities, the entity
shall be the country's National Olympic Committee or its designee;
National-Level Athlete refers to athletes who compete in sport at the national
level, as defined by each national anti-doping organization, consistent with the
International Standard for Testing and Investigations. In the Philippines, national-
level athletes are defined as any athletes who:
i. participate in the national leagues, events or competitions
‘organized by their NSA or by any sports organizations or club;
ii, are affiliated to a federation, national league, sports organization
or club; or
ili, participate to competition of events organized by schools,
colleges, other institutions, and other intercollegiate events;
iv. participate in professional sports.
National Sports Association (NSA) includes an umbrella body responsible for
Olympic, non-Olympic, or Paralympic sports or multi-sport organization
responsible for all sports disciplines or body responsible for a particular sport
nationally and it may be affiliated to an international federation or not
Out-of-Competition refers to any period when not in competition:
Possession refers to the actual and physical possession, or the constructive
possession, Provided, that
i. if the person does not have exclusive control over the prohibited
substance or prohibited method or the premises in which a
prohibited substance or prohibited method exists, constructive
possession shall only be found if the person knew about the
presence of the prohibited substance or prohibited method and
intended to exercise control over it; and
ji, there shall be no Anti-Doping Rule violation based solely on
possession if, prior to receiving notification of any kind that the
person has committed an Anti-Doping Rule violation, the person
has taken concrete action demonstrating that the person never
intended to have possession and has renounced possession by
‘explicitly declaring it to an Anti-Doping Organization:
ili, the purchase of a prohibited substance or prohibited method
constitutes possession by the person who makes the purchase
Prohibited List refers to the list developed by the WADA for purposes of
identifying the prohibited substances and prohibited methods;
Prohibited Method refers to any method so described on the prohibited list
Prohibited Substance refers to any substance, or class of substances, so
described on the Prohibited List;
Registered Testing Poo! refers to the pool of highest-priority athletes established
separately at the intemational level by Intemational Federations and at the
national level by National Anti-Doping Organizations, who are subject to focused


In-Competition and Outof-Competition Testing as part of that Intemational
Federation's or National Anti-Doping Organization's test distribution plan and
therefore are required to provide whereabouts information as provided in Article
5.6 of the World Anti-Doping Code and the International Standard for Testing and
Investigations;

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

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

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

ee. Therapeutic Use Exemption refers to an exemption to use a prohibited
substance or prohibited method and which is obtained in a manner as described
in Appendix 1 and Article 4.4 of the Code;

ff. Trafficking refers to selling, giving, transporting, sending, delivering or
distributing, or possessing for any such purpose, a prohibited substance or
prohibited method (either physically or by any electronic or other refers to) by an
athlete, athlete support person or any other person subject to the jurisdiction of
an anti-doping organization; 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;

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

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

SEC. 4. Coverage. - This Act shall apply for:
4. Philippine National Anti-Doping Organization.
2. International-level and National Level Athletes; and
3. Athlete Support Personnel; and
4, NSAs sports organizations, sports associations, and sports clubs.

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

SEC. 6. Duties and Functions of the Philippine National Anti-Doping Organization (PH-
NADO. - The PH-NADO shall exercise the following duties as are necessary to facilitate the
control and prevention of doping in sports, including
‘a. Promote participation in sport, free from doping in order to protect the
health and well-being of competitors and the rights of all persons who
take part in sport;
b. Prepare and implement PH-NADO’s anti-doping rules for the purposes
of
i. Setting out the procedure for adopting testing methods,
establishment of Registered Testing Pools, sample collection,


z e700

accreditation of testing laboratories, standards to be maintained by
testing laboratories based on the Code of international Standards
for testing Laboratories;

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

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

iv. Specifying anti-doping contro! activities;

v. Specifying the procedures applicable in relation to Negative
Analytical findings and Adverse Analytical findings and principles
governing provisional suspension of an athlete;

vi. Specifying matters connected within the granting of TUE;

vii. Specifying the Philippine Code of Standards for the testing of
samples based on the Code of International Standards for testing
of samples;

viii, Procedure for re-entry of a banned athlete;

ix. Procedure for the providing access to independent observers;

x. Procedure in relation to in competition testing and out of
‘competition testing of athletes;

create awareness in order to discourage the practice of doping in sport
among the public and the sporting community in particular.

develop a national strategy to address doping in sport in collaboration with
the Philippine Sports Commission and other concerned agencies;
implement the Code and associated International Standards;

periodically publish Intemational Standards;

use WADA accredited laboratories for analysis of samples and other
required specimen\

implement anti-doping activities in the country including the testing of
collected samples in all sports, sport associations, sport organizations,
and sport clubs;

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

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

oversee the processes of the Committee and Panel;

carry out investigations in matters of doping in sports;

provide information to athletes, athlete support personnel and on the
procedures for, and developments conceming the collection and testing of
sample in accordance with the Code and any standards developed by
WADA;

implement the Prohibited List as published by the WADA from time to
time;

select athletes who are to be requested to provide samples for testing
when necessary;

collect samples from athletes in accordance with approved guidelines and
International Standards and secure the safe transit of samples to
laboratories accredited by WADA for testing;

summon, investigate and call for any document, evidence or person that
may be required for the enforcement of the Act;

co-operate with state agencies, non-governmental organizations and
other persons within the Philippines and intemationally to achieve the PH-
NADA's mandate;

take steps aimed at ensuring that the Government and the Philippine
Olympic Committee complies with international agreements and other


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

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

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

v. prosecute anti-doping offenses

w. promote anti-doping education;

X. undertake result management in accordance with the PH-NADO's rules
and the Code;

y. oversee all activities of the Therapeutic Use Exemption Committee;

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

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

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

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

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

SEC. 7. The PH-NADO Board (Board). ~ The Board shall be composed of the
following,
Chairperson of the Philippine Sports Commission (PSC) as Chairperson;
Secretary of Department of Health (DOH);
Secretary of Department of Education (DepEd);
Chairperson of Commission on Higher Education (CHED);
President of the Games and Amusement Board (GAB),
Chairperson of President of the Philippine Olympic Committee (POC);
g. 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 30 (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 other 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 PH-NADO or whose spouse or family
member is so employed or associated, or

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

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

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

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

a. control, supervise and administer the assets of the PH-NADO in such manner as

best promotes the purpose for which the PH-NADO is established;

b. determine the provisions to be made for capital and recurrent expenditure and for

the reserves of the PH-NADO;

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

disbursements therefrom;

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

necessary;

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

purposes;

flay down policy guidelines for operations and management of all funds collected

by the PH-NADO ; and

g. enter into associations with other bodies or organizations within and outside

Philippines as the PH-NADO may consider desirable or appropriate in
furtherance of the purpose for which the PH-NADO is established; and

h. perform all such other acts or undertake any activity as may be incidental or

conducive to the attainment or fulfilment of any of the functions of the PH-NADO
under this Act.

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

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

SEC. 9. Therapeutic Use Exemption Committee (TUEC or Committee). - There shall be
created a Therapeutic Use Exemption Committee, which shall consist of

a. Chairperson who is a doctor with seven (7) years experience;

b. A medical doctor of not less than five (5) years experience in matters relating to

sports;

c. A clinical pharmacist of not less than five (5) years experience in matters relating

to sports;

d. An international level athlete who has since retired; and

e. A sports administrator who shall have retired at least two (2) years prior to the

appointment.

The Chairperson and members appointed under this section shall hold office for 2
term of three (3) years and shall be eligible for reappointment for one further term. The
quorum for the conduct of the business of the Committee shall be three members of whom
at least two, shall be doctors.

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

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

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

. review therapeutic use exemptions issued by an intemational federation for
compliance with the Intemational Standard for Therapeutic Use Exemptions;


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

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

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

The TUEC shall be guided by the following in the performance of their work

the Convention;

the Code;

International Guidelines on Therapeutic Use Exemption;

the Prohibited list;

the provisions of this Act; and

the PH-NADO's Anti-Doping Rules.

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

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

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

b. such other period as may be provided for in the anti-doping rules of the relevant

International Federation, to the relevant International Federation for an
exemption and provide the Committee with a copy of the application prior to the
international event.

An application for therapeutic use exemption shall be made:

a. immediately after the athlete becomes aware that the use of a prohibited
substance or prohibited method is required; and
b. subject to any circumstance of emergency, no later than thirty days prior
to the participation of the athlete in any competition or event
Regulation may be made prescribing any other matters, procedures or
documents which may be required for the consideration and grant of a TUE

SEC. 12. Accredited Laboratories. — A sample taken from an athlete shall be analyzed at
an accredited laboratory to detect prohibited substances and prohibited methods. A sample
shall not be analyzed for a purpose other than that referred to under subsection (1) unless;
‘a. the athlete consents in writing; and
b. any means of identification is removed to ensure that the sample cannot be
traced back to the athlete.
The results of all tests shall be submitted to the PH-NADO.

SEC. 13. Disciplinary Panel. — There shall be created a Disciplinary Panel (Panel), which
shall consist of:
a. an officer of the PSC designated by its Chairperson, who shall be the Chairman;
b. two (2) persons from among lawyers who have more than five (5) years
‘experience in court appearances, who shall both Vice Chairmen;
c. two (2) persons from among medical practitioners who have more than five (5)
years experience in the field of sports medicine:
d. two (2) persons who shall be persons who have had previous experience in
sports administration.
‘The Chairperson and members appointed under this section shall hold office for a
term of three (3) years and shall be eligible for reappointment for one further term.
The quorum for the conduct of the business of the Panel shall be three members of
whom at least to, shall be doctors


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

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

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

¢. Determine whether a violation of the Anti-Doping Rules has occurred;

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

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

The Panel shall be guided by the following in the performance of their work

a. the Convention;

b. the Code;

¢. International Guidelines on Therapeutic Use Exemption;

d. the Prohibited List;

e. the provisions of this Act; and

f. the PH-NADO’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 Panel both at the first instance and
at appeal.

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

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

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

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

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

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

SEC. 17. Duties and Responsibilities of Athletes, Athlete Support Personnel; and
NSAs, sports organizations, sports associations, and sports clubs. — The Athletes
Athlete Support Personnel, and NSAs sports organizations, sports associations, and sports
clubs shall

a. respect PH-NADO’s TUC’s, Disciplinary 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 PH-
NADO any information related to an anti-doping rule violation and to
cooperate with investigations conducted by any Anti-Doping Organization
with authority to conduct the investigation


©. cooperate with the operation of an investigation, including establishment
of a doping test rooms at an Event sponsored by it or subordinated
bodies

d. take appropriate information delivery and implement support measures
towards Athletes who are part of the PH-NADO’s Registered Testing Pool
such as ensuring them to submit whereabouts filing in the Registered
Testing Pool

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

f. Comply with anti-doping rules.

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

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

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

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

b. the use or attempted us of a prohibited substance or method;

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

d. the violation of applicable requirements regarding athlete availability for out of

competition testing, including failure to provide required whereabouts information

and missed tests which are declared based on reasonable rules;

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

the possession of prohibited substances and methods;

the trafficking in any prohibited substance or method: and

the administration or attempted administration of a prohibited substance or

method to any athlete, or assisting, encouraging, aiding, abetting, covering up or

any other type of complicity involving an anti-doping rule violation or any

attempted violation;

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

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

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

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

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


4. Fine: imposition of a fine of not less than ONE HUNDRED THOUSAND
PESOS (P100,000.00) but not more than ONE MILLION PESOS
(P1,000,000,00).

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

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

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

SEC. 22. Implementation Rules and Regulations. — The PH-NDO, in consultation with
BSC, CHED, DepEd, DOH, PRC, Games and Amusement Board, NSAs, Philippine Olympic

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

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

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

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

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

Approved,