SEVENTEENTH CONGRESS

CONGRESS OF THE PHILIPPINES
Third Regular Session

HOUSE OF REPRESENTATIVES}

£5:

House Bill No.

Introduced by Representative
CRISTINA “CHIQUI” ROA-PUNO

EXPLANATORY NOTE

Art. XIV, Sec. 19 (1) of the 1987 Philippine Constitution recognizes that "the
State shall promote physical education and encourage sports programs, league
competitions, and amateur sports, including training for international competitions, to
foster self-discipline, teamwork, and excellence for the development of a healthy
citizenry.”

On March 17, 2010, the Philippines ratified the UNESCO Intemational
Convention Against Doping in Sport (Convention) which recognizes the authority of
World Anti-Doping Agency (WADA) as the international independent organization for
the promotion, coordination, and monitoring of anti-doping in all its forms. The
Convention likewise recognizes WADA’s World Anti-Doping Code (Code), which
provides a comprehensive framework to protect the fundamental right of athletes to
participate in doping-free sport and to ensure harmonized, coordinated and effective
anti-doping programs at the international and national levels with regard to the
detection, deterrence and prevention of doping

To date, the Philippine has limited its legislation to the regulation of drugs or
narcotics through RA9165, the Comprehensive Dangerous Drugs Act of 2002. We have
yet to legislate on the use of performance enhancing drugs, or doping, in sports, which
poses an unfair advantage in competitions as well as extreme danger to the health of
the athletes,

Through this bill, the Philippines will be able to comply with its duties as a State
Party to the Convention, and adopt an anti-doping policy in compliance with the
principles of faimess, equity, legality, and transparency in sporting activities and
promoting the health of athletes globally, including athletes’ fundamental rights to
participate in a doping-free sport. An independent Philippine National Anti-Doping
Organization (PH-NADO) shall also be established as the only organization permitted to
carry out anti-doping activities in the Philippines. It seeks to combat and prevent doping
in all international and national-level sports; testing for prohibited substances and
methods, and stipulating penalties and sanctions for its violations.

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

Cc “CHIQUI” ROA-PUNO


‘SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
Third Regular Session
HOUSE OF REPRESENTATIVES

8544

House Bill No.

Introduced by Representative
CRISTINA “CHIQUI” ROA-PUNO

AN ACT
ESTABLISHING A NATIONAL ANTI-DOPING POLICY IN SPORT IN
COMPLIANCE WITH THE UNITED NATIONS EDUCATIONAL,
SCIENTIFIC AND CULTURAL ORGANIZATION INTERNATIONAL
CONVENTION AGAINST DOPING IN SPORT, 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 lI, 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 intemational
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 control 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 a report from an accredited laboratory that
identifies in a sample, the presence of a prohibited substance or its metabolites
or markers or evidence of the use of a prohibited method;

c. 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 or
prohibited method used for genuine and legal therapeutic purposes or
other acceptable justification; and

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;

d. 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
corel process, and includes-

The International Olympic Committee;
i. The International Paralympic Committee;
ii, The WADA;
iv. An international sporting federation;
v. A major event organization that conducts testing at its events;
vi. The PH-NADO; and
vii. Any other National Anti-Doping Organization;

f. Anti-doping rules refers to regulations on anti-doping, including but not limited
regulations under this Act, Code, the Convention, and their amendments;

g. Athlete refers to —

i. Any person who participates in a sport-
1. As an intemational-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 of this Act.

ii, For purposes of information and education, any person referred to in
paragraph (i) and any other competitor in sports;

h Athite Support Personnel refers to any of the following —
Parent or guardian of an athlete who is a minor;
ii, Medical practitioner or paramedical personnel;
iii 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 intentional act or omission involving an anti-doping rule
violation, an attempted 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 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;

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
collection 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 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 organisation, consistent with the


37

International Standard for Testing and Investigations. In the Philippines, national-
level athletes are defined as any athletes who:

iv.

participate in the national leagues, events or competitions organized by
their NSA or by any sports organisation or club;

are affiliated to a federation, national league, sports organisation or club;
or

participate in competitions or events organized by schools, colleges, other
institutions, and other intercollegiate events;

participate in professional sports

u. 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 intemational federation or not;

v. Out-of-Competition refers to any period when not in competition;

w. Possession refers to the actual and physical possession, or the constructive
possession. Provided that:

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

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;

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

x. Prohibited List refers to the list developed by the WADA for purposes of
identifying the prohibited substances and prohibited methods;

y. Prohibited Method refers to any method so described on the prohibited list;

2 Prohibited Substance refers to any substance, or class of substances, so
described on the Prohibited List;

aa. Registered Testing Pool 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 Intemational
Federation's or National Anti- Doping Organization's test distribution plan and
therefore are required to provide whereabouts information as provided in Article


eV OMeune

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;

e. 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;

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 organisation; 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 prohibited substances are not intended for genuine and legal
therapeutic purposes or are intended to enhance sport performance;

gg. Use refers to the utilization, application, ingestion, injection or consumption by

ht
SEC.
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2;
3.
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SEC.

any means of any prohibited substance or prohibited method; and

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

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

;. 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

Comi

mission, 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.


1 SEC. 6. Duties and Functions of the Philippine National Anti-Doping Organization
2 (PH-NADO)- The PH-NADO shall exercise the following duties as are necessary to
3 facilitate the control and prevention of doping in sports, including:
4
5 a. Promote participation in sport, free from doping in order to protect the
6 health and well-being of competitors and the rights of all persons who
7 take part in sport;
8 b Prepare and implement PH-NADO’s anti-doping rules for the purposes of.
9 Setting out the procedure for adopting testing methods,
10 establishment of Registered Testing Pools, sample collection,
u accreditation of testing laboratories, standards to be maintained by
2 testing laboratories based on the Code of International Standards for
13 testing Laboratories;
14 ji. Procedure to be followed in the analysis of samples, results
15 management;
16 ili, Specifying anti-doping rules applicable and consequences of anti-
7 doping rule violation;
18 iv. Specifying anti-doping control activities;
19 v. Specifying the procedures applicable in relation to Negative
20 Analytical findings and Adverse Analytical findings and principles
2 governing provisional suspension of an athlete;
2 vi. Specifying matters connected with the granting of TUE;
23 vii. Specifying the Philippines Code of Standards for the testing of
24 samples based on the Code of International Standards for testing of
25 samples;
26 vii. Procedure for re-entry of a banned athlete;
27 ix. Procedure for the providing access to independent observers;
28 x. Procedure in relation to in competition testing and out of competition
29 testing of athletes.
30 c. create awareness in order to discourage the practice of doping in sport
31 among the public and the sporting community in particular.
32 d. develop a national strategy to address doping in sport in collaboration with
33 the Philippine Sports Commission and other concemed agencies;
34 e. implement the Code and associated International Standards;
35 f. periodically publish International Standards;
36 g. use WADA accredited laboratories for analysis of samples and other
37 required specimen;
38 h. implement anti-doping activities in the country including the testing of
39 collected samples in all sports, sport associations, sport organizations,
40 and sport clubs;
a i. undertake, coordinate or arrange for research to be undertaken in the field
a2 of performance-enhancing substances and methods and doping practices
43 in sport;
a4 promote and implement the application of various guidelines and
45 international standards in matters related to anti-doping;
46 oversee the processes of the Committee and Panel;
47 carry out investigations in matters of doping in sports;
48 provide information to athletes, athlete support personnel and on the
49 procedures for, and developments concerning the collection and testing of
50 samples in accordance with the Code and any standards developed by

51 WADA;


n. 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;

p. 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;

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

r. co-operate with state agencies, non-govemmental organisations and
other persons within the Philippines and internationally to achieve the PH-
NADO's mandate;

s. 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 results 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 persons with disabilities or other persons 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 the 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);

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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 thirty (30) days from the effectivity of this Act, 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 amember 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 organization,
sports club or sports federation;

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

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;
f. lay 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
Dec sea aa Committee, which shall consist of:
chairperson who is a medical doctor with over seven (7) years’ experience in
matters related to sport;
b. a medical doctor of not less than five (5) years experience in matters relating to
sports;
cc. aclinical pharmacist of not less than five (5) years experience in matters relating
to sports;
|. 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.

a

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 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 of 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 intemational federation;

c. review therapeutic use exemptions issued by an international federation for
compliance with the International Standard for Therapeutic Use Exemptions;

d. refer to the WADA any therapeutic use exemption issued by an intemational
federation which in its view does not meet the requirements of the International
Standard for Therapeutic Use Exemption

. notify the Board of its decision to grant therapeutic use exemption; and
perform any other functions that are conferred or 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 international
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:


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thirty days before his participation in an international event; or

. 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.

oD

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

Regulations 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 be 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.

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

Receive, examine and hear Anti-Doping Rules violation;

Conduct disciplinary hearings related to Anti-Doping Rules violations;

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

Impose sanctions and penalties of Anti-Doping Rules violations;

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

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

the Code;

. Intemational Guidelines on Therapeutic Use Exemption;

the Prohibited List;

the provisions of this Act; and

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f. the PH-NADO’s Anti-Doping Rules.

Anti-Doping Rules violations involving national level athletes, athlete support personnel,
NSAs, 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 NADO
of the person's country of residence, WADA, International Paralympic Committee
Intemational Sports Federation, the Intemational Olympic Committee and any other
international 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. 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. 16. 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, TUEC’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.

c. 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.

e. 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 Prohibited substances and
methods shall not be considered as a release from the responsibility.


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

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. 17. 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 use of a prohibited substance or method;

¢. 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. 18. Administrative Sanctions and Penalties. - Where any athlete, athlete
support personnel, NSA, sports association/organisation/club has been found to have
committed anti-doping violations, he 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

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

d. 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. 19. 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. 20. Appropriations. — 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 recommended by the PH-NADO Board for the continued implementation of
this Act shall be submitted to DBM for inclusion in the General Appropriations Act.

SEC. 21. Implementation Rules and Regulations. - The PH-NADO, in consultation
with PSC, CHED, DepEd, DOH, PRC, Games and Amusement Board, NSAs,
Philippine Olympic Committee, and with the participation of representatives from sports
organizations and clubs with proven track records of involvement and promotion of the
rights and welfare of athletes, shall issue the Implementing Rules and Regulations of
this Act within thirty (30) days from its effectivity,

SEC. 22. Transitory Clause. - All property, assets, rights, liabilities, obligations,
agreements, conveyances, deeds, leases, licences, permits, exemptions, power of
attomey, 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 PH-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 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. 23. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected shall
remain valid and subsisting

SEC. 24, 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. 25. 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,