Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. _3093

Introduced by: Rep. Keith Micah “Atty. Mike”

AN ACT
TO PROMOTE SPORTS DEVELOPMENT THROUGH RESPONSIBLE AUTONOMY OF
NATIONAL SPORTS ASSOCIATIONS (NSAs) AND TO STRENGTHEN THE ROLE OF THE
STATE IN THEIR GOVERNANCE AND MANAGEMENT TO MAKE THEM MORE
RESPONSIVE TO THE GOAL OF FOSTERING PHYSICAL FITNESS, SELF-DISCIPLINE,
TEAMWORK AND EXCELLENCE FOR THE DEVELOPMENT OF A HEALTHY AND ALERT
CITIZENRY

EXPLANATORY NOTE

Article II, Section 17 of the 1987 Philippine 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”.

Article XIV, Section 19 also declares 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.

All educational institutions shall undertake regular sports activities throughout the
country in cooperation with athletic clubs and other sectors”.

Pursuant to the aforesaid Constitutional mandates, Republic Act (R.A.) No. 6847,
otherwise known as "The Philippine Sports Commission Act", provides that “It is the policy
of the State to promote physical education, encourage and sustain the development of sports
in the country to foster physical fitness, self-discipline, teamwork and excellence for the
development of a healthy and alert citizenry through a unified national sports promotion
and development program XXX”.

Section 13 of R.A. 6846 states that “National sports associations, organized for their
respective sports in the Philippines and/or affiliated with their respective international
federations which are recognized by the International Olympic Committee, are recognized
as such by the Commission”.

NSAs, as provided by law, are autonomous, recognized by the PSC, and have exclusive
technical control over the promotion and development of the particular sport for which they
are organized, However, they are subject to the supervisory and visitorial powers of the PSC.


Among the functions, powers, duties and responsibilities of the NSAs include among
others the conduct of competitions for the promotion of their respective sports, decision on
all questions on the amateur status and discipline of the athletes and officials connected with
the associations as well as the members thereof and all disputes between members,
selection of the athletes, coaches and other officials for their national teams, keeping of
accurate records of all official marks, scores and results attained by the athletes in the
associations in all competitions, as well as all results of sports competitions, and qualifying
and licensing of referees, umpires and other game officials who shall officiate in
competitions in their respective sports.

As the local governing body for a given sport or its related sports that organizes
events, promulgates the rules, promotes the sport to fans, and develops and recruits the
national players and coaches, NSAs play a primordial role in the local sports system,
specifically in fostering patriotism and nationalism, accelerating social progress, and
promoting total human liberation and development as well as self-discipline, teamwork, and
excellence for the development of a healthy and alert citizenry.

However, there was an observation that "Sport federations are almost always a
monopoly. There appears to be a lack of supervision, consequences, and a lack of
competition or alternatives.”!

It has been said as well that the concept of sports autonomy that NSAs enjoy is being
abused and brandished whenever convenient and is being used “as a blanket authority
against Athletes and Coaches if they so much disagree or ask for what is rightly theirs in the
first place.”?

As the country continues to grapple with the fallout of many controversies involving
NSAs: Filipino-American figure skater Melissa Bulanhagui’s snub by the Philippine Skating
Union (PhSU) in 20133; former two-time Olympian Donald David “Donnie” Geisler III's
expulsion from the Philippine Taekwondo Association (PTA) in 20204; Ernest John “EJ”
Obiena’s rift with the Philippine Athletics Track and Field Association (PATAFA) in 20225,
and the late sports analyst Chino Trinidad’s accusations of mismanagement and favoritism
by the officials of the Samahang Basketbol ng Pilipinas (SBP) towards a coach of the Gilas
Pilipinas national basketball team®, among others, this measure seeks to strengthen PSC’s
monitoring and oversight functions over the NSAs with the end in view of making them more
responsible, transparent, and accountable, especially because the “majority of the Philippine
NSA’s remain totally reliant and constrained by the amount of support it receives. Their

' Sport federations: ‘The monopoly that leads to countless abuse victims (hutps:/twistingthoughts.com/2021/10/14/sport-federations-the-

‘monopoly-that-leads-to-countless-abuse-vietims!)

2 The What and Why of the POC, PSC. and the NSAs. Sports Management Council of the Philippines, May 22. 2015

1 39. sporiphil, cin the=sshat-und-why -the-pocspse-anthe=nsts-att-1/) Accessed on 08 September 2023

‘Champion skater frozen out, The Game of My Life, Bill Velasco, September 23, 2013, Philippine Star

(yup. 996.0, pilstar com sports201309223/1 ca-oul) Accessed on 10 September 2023,

4 Persona non grata’: Olympian Donald Geisler expelled from PH tackwondo body. Dennis Gasgonia, ABS-CBN News, September 22.
oun-plistackwonda-hols) Accessed

2020 (hiips:: news absecln,.cony’spoets 09 22/2U/persona-non-gratiroly mpian-sonald-peisler-esprell
‘00 07 September 2023,

5 pATAFA vs Obiena: The mess no one needed, January 5, 2022, Ariel lan Clarito (hitps:/1vww.rappler.com’sports’pataa-vsecj-ohient:
) Accessed on 11 September 2023

‘Trinidad calls out SBP officials for alleged bias for

‘coach Voldemort’, September 8, 2023
s-furseouch-voldemort’) Aecessed on

“Konsintindor”

Cups: polit
10 September


situation is made worse by the highly politicized nature of Philippine sports and the bias of
corporate sponsors towards the more “popular” sports.

Amid the country’s continued promotion ofitselfas a rising developing country in the
world while simultaneously improving key aspects such as the development of our national
athletes to their full potential, and in order to bolster the caliber of our national athletes and
promote the development of sports in the country, the bill seeks to institute governmental
oversight over the NSAs through monitoring and oversight mechanisms.

Likewise, it mandates all NSAs to craft their respective roadmaps for the national
development and excellence of their respective sports and provides for the establishment
of Safeguarding Committees to safeguard participants in the sporting environment from
abuse, harassment, and game fixing that undermine both the mental and physical health of
participants and the integrity of sport.

Moreover, it provides for the adoption of appropriate programs and mechanisms to
uphold the integrity of sports and the promulgation of performance-based incentive scheme
that will serve as the basis for extending financial assistance to NSAs.

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

on

Keith Micah “Atty. Mike” D.L. Tan
4th District, Quezon

7 The Philippine Taekwondo Association Experience: Developing a mode! of sport govemance and sustainability for National Sports
Associations. Geraldine Berardo , De La Salle University (Accessed on 07 September 2023)


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. _3093

Introduced by: Rep. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
TO PROMOTE SPORTS DEVELOPMENT THROUGH RESPONSIBLE AUTONOMY OF
NATIONAL SPORTS ASSOCIATIONS (NSAs) AND TO STRENGTHEN THE ROLE OF THE
STATE IN THEIR GOVERNANCE AND MANAGEMENT TO MAKE THEM MORE
RESPONSIVE TO THE GOAL OF FOSTERING PHYSICAL FITNESS, SELF-DISCIPLINE,
TEAMWORK AND EXCELLENCE FOR THE DEVELOPMENT OF A HEALTHY AND ALERT
CITIZENRY

Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled:
SECTION 1. Title. - This Act shall be known as the “NSAs Governance Act”.

SEC. 2. Declaration of Policy. - The State recognizes the potential of local governing
bodies of sports or their related sports in promoting physical education, encouraging and
sustaining the development of sports in the country to foster physical fitness, self-discipline,
teamwork and excellence for the development of a healthy and alert citizenry.

Towards this end, the State shall ensure that:

(a) The operations of NSAs are rationalized and monitored centrally to promote
sports good governance;

(b) The management of NSAs is carried out in a transparent, responsible and
accountable manner and with the utmost degree of professionalism and effectiveness; and

(c) The NSAs are competent to carry out its functions, fully accountable to the State
and acts in the best interest of the State.

SEC. 3. Monitoring and Oversight of NSAs. - Notwithstanding the pertinent provisions
of Republic Act No. 6847, otherwise known as the “The Philippine Sports Commission Act",
the PSC is hereby mandated to serve as the central advisory, monitoring, and oversight body
with authority to formulate, implement and coordinate policies. It shall serve as an impartial
and fair hearing body regarding disputes involving athletes, coaches, and NSAs. The PSC
shall have the following powers and functions:

(a) Establish a sport-specific performance evaluation systems including performance
scorecards for all NSAs;


(b) Conduct periodic study, examination, assessment and evaluation of NSAs, receive
and require reports on the operations and management of the NSAs including, but not
limited to:

(1) Policies, priorities and direction;

(2)Sports promotion and development programs;

(3) Training programs;

(4) Qualifying tournaments that serve as basis for inclusion of athletes in the national
roster;

(5) Selection of the athletes, coaches and other officials for national teams;
(6)Preparations for international competitions;

(7) Competition guidelines and scoring system;

(8) Methods of appeals and protests in sports competitions;

(9) Dispute resolution mechanism;

(10) Accurate records of all official marks, scores and results attained by the athletes
in all competitions duly sanctioned by the NSAs;

(11) All results of sports competitions and other relevant matters involving the
conduct of competitions for the promotion of their respective sports; and

(12) Such other information that the PSC shall require such as those regarding the
adoption and enforcement of Sports Integrity Program.

(c) Coordinate and monitor the operations of NSAs, ensuring alignment and
consistency with the national sports development policies and programs.

SEC. 4. Establishment of Safeguarding Committees. - The PSC shall establish a
Safeguarding Committee as may be appropriate for each NSA. The Committee shall be
responsible for the formulation and implementation of a Safeguarding Program to safeguard
participants in the sporting environment from abuse, harassment, and game machinations
that undermine both the mental and physical health of participants and the integrity of the
sport.

The Program shall include the following activities:

(a) Determination of inappropriate and harmful behaviors which constitute
misconduct and threaten the sport's core values;

(b) Formulation of processes, procedures, and decision-making through independent
mechanisms for assessment, investigation, and adjudication;


(c) Promotion of safe environments through appropriate inter-personal behavior and
best practice of players, coaches, and officials in their respective roles in the
sporting environments;

(d) Facilitation of access to appropriate channels for reporting concerns and to
psychosocial support for affected parties;

(e) Provision of knowledge, resources and tools in the development of safeguarding
capabilities within the NSA;

(f) Assistance to NSAs in enhancing their standard operating procedures with respect
to abuse, harassment, and game machinations; and

(g) Promotion of respect to the NSA’s responsibility to provide leadership and good
governance.

SEC. 5. Sports Integrity Program. - Each NSA shall adopt and enforce appropriate
programs and mechanisms to uphold the integrity of the sport in consultation with the
coaches, athletes and other stakeholders. NSAs shall implement anti-cheating systems
particularly those that promote fair scoring and spectator-friendly tournaments and
prevent the incidence of bribery, favoritism, game machination, and other forms of cheating
that undermine the integrity of the sport, especially those that victimize children.

SEC. 6. Performance-Based Incentive Scheme. - A performance-based incentive scheme
shall be established by the PSC consistent with the pertinent provisions of this Act as basis
for extending financial assistance to NSAs.

SEC. 7. Roadmap for Excellence of the NSAs. - All NSAs shall craft their respective
roadmaps for the national development and excellence of their own sports, which shall
incorporate, among others, programs and activities for grassroots promotion, identifying
potential athletes, assistance for trainings and competitions, including the necessary
budgetary requirements, to support their athletes’ full development in both the national and
international arena, with special programs and funding for those with the potential to
become world-class elite athletes in the Olympics and other international sports
competitions.

NSAs shall set goals on the expansion of their grassroots programs and the exposure
and opportunities for their respective athletes and coaches in national and international
sports competitions: Provided, That the NSAs shall only receive financial assistance if their
roadmap has been reviewed by the PSC, certifying its propriety and compliance with the
following:

(a)Sports Development and Participation for All. - Promote and encourage
population-based participation in sports and other physical activities, which shall
be the basis for the development of more skilled athletes. Coordinate with the
LGUs for programs involving, among others, mass participation in physical fitness
activities;

(b) Talent Identification. - Promote early recognition and development of talented
and exceptionally gifted Filipino athletes who have demonstrated the potential of
excelling in the field of sports;


(c) Education and Sports. - In coordination with various educational institutions,
including the National Academy for Sports (NAS), the University of the Philippines
(UP), and other concerned government agencies, and non-government
organizations (NGOs), shall ensure that highly talented and exceptionally gifted
students are given the opportunity to pursue and excel in sports and have access
to good quality education.

(d) Sports Scholarships and Grants. - Provide scholarships under relevant laws to all
qualified athletes, and offer grants for sports science research to build the
knowledge generation capacity of Filipino sports science.

(e) Health and Well-being. - Ensure that the health of Filipino athletes, including their
safety, is protected at all times, which includes their physical, mental, and
emotional well-being. Secure elite Filipino athletes’ access to proper nutrition,
health care professionals, including free or subsidized vitamins and medical
expense coverage, taking into consideration the budget needed for emergency
situations, such as athletes’ sports-related medical examination and procedures,
as well as strive to provide the same benefits for athletes in grassroots sports,
including student-athletes, in direct coordination with their educational
institutions and other concerned agencies.

(f) Infrastructure and Training Facilities. - Ensure that all Filipino athletes are given
the opportunity to properly train in their respective sports, by providing them
with adequate support and funding to train in safe and world-class facilities, with
well-maintained equipment, including other items needed for training.

(g) Amateur to National Athlete Support - Identify the gaps and address the issues
that should be resolved in order to provide a policy on the early recognition and
development of potential elite athletes by providing adequate support for
grassroots athletes and training them to become potential qualifiers and medalists
in the Olympics and other international events. Proactively coordinate and
collaborate with concerned agencies, including NGOs, such as the Philippine
Olympic Committee (POC).

(h) Local and International Competitions. - Plan the potential sports career track for
all Filipino athletes, from student to amateur to national level, including the
promotion of all local and international sports competitions.

(i) Right to Join Competitions and/or Represent the Philippines. - Promote and
safeguard the right of every qualified Filipino athlete to join local and international
sports competitions, by, among others, protecting them from unjustified refusal
or objection by their respective NSAs or educational institutions, whichever is
applicable.

(j) Welfare of Athletes. - Incorporate and mandate all interested parties to recognize
and uphold the rights and welfare of all Filipino athletes, at all times, especially
during policy- and decision-making.


(k) Protection of Athletes. - Identification of the prevalence of politicking, patronage
system, nepotism, favoritism, and game manipulation or cheating and formulation
of effective and efficient measures to counter these inimical practices.

(1) Special Benefits/Incentives/Privileges. - Ensure that all qualified athletes and
coaches shall automatically be given the corresponding benefits and incentives, as
provided by Republic Act No. 10699, or the National Athletes and Coaches Benefits
and Incentives Act.

(m) Funding. - Strengthen the framework for the budgetary requirements of all
Filipino athletes, depending on their respective needs during their preparation,
training, and competitions.

(n) Public-Private Partnership. - Encourage active private sector participation
through, among others, public-private partnerships that would enable the full
implementation of the twenty (20)-year Roadmap for Sports Excellence, including
the roadmap of each NSAs.

In crafting the Roadmap, the NSAs, in coordination with the POC, shall identify all the
gaps and possible issues that could prevent athletes from harnessing their full potential in
their respective sports and include the solutions, targets, and objectives that would fully
support the athletes in pursuit of their respective goals and targets, which include becoming
potential qualifiers and medalists in the Olympics and other international competitions.

Provided Further, That the continuous funding of the NSAs shall be determined by
the PSC based on the proper, reasonable, and efficient implementation of each NSA's
roadmap.

SEC. 8. Implementing Rules and Regulations. - The PSC, in consultation with the NSAs
and other stakeholders, shall formulate the rules and regulations necessary for its effective
implementation within ninety (90) days from approval of this Act.

SEC. 9. Separability Clause. - In case any provision of this Act is declared invalid or
unconstitutional, such declaration shall have no effect in the validity or constitutionality of
the remaining provisions hereof.

SEC. 10. Repealing Clause. - All laws, decrees, rules and regulations inconsistent with
the provisions of this Act are hereby repealed or amended accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in a newspaper of general circulation.

Approved,