TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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25 JUL 14
'■25
SENATE
S. No. 460
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROVIDING FOR A NATIONAL ANTI-DOPING POLICY IN SPORTS, 
ESTABLISHING FOR THE PURPOSE THE PHILIPPINE NATIONAL ANTI- 
DOPING ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Earlier this year, the Philippines was placed under threat of suspension from 
international sports competitions due to non-compliance to anti-doping rules and 
outstanding non-conformities to the World Anti-Doping Code. Had there been no 
corrective measures, the country would not have been allowed to host international 
sporting events and that our national flag cannot fly in case a Filipino athlete wins in 
an international tournament. Failure to positively respond could have also prevented 
the Philippines from participating in important events, like the Southeast Asian Games, 
Asian Games, and even the Olympics.
The Philippines is a State Party to the International Convention against Doping 
in Sport which was adopted in 2005, hence commits to undertake appropriate 
measures towards the attainment of objectives enshrined therein, ultimately the 
prevention of and the fight against doping in sport, with a view to its elimination.1
1 Article 1. Purpose of the Convention.


This measure seeks to institute a National Policy Against Doping in Sports in 
line with our international commitments, to provide an honest and equitable playing 
environment for all athletes and promote their health. Moreover, this bill aims to 
preserve the integrity of Philippine sports that is free from the influence of prohibited 
substances and performance-enhancing drugs. Finally, this legislation proposes to put 
an end to possible lingering issues of non-compliance to the global anti-doping efforts 
through institutionalization of a legal framework towards continued growth and 
advancement of sports in the country.
Specifically, this bill provides anti-doping violations and the consequences 
therefor, including disqualification of results and forfeiture of medals and prizes, 
ineligibility to participate in any competition, or imposition of financial sanctions. The 
measure also proposes the establishment of the Philippine National Anti-Doping 
Organization (PHINADO), which shall be an autonomous and independent entity and 
shall possess the primary authority and responsibility to adopt and implement anti- 
doping rules.
The spirit of sport is the ceiebration of the human spirit, body and mind, and is 
characterized by the vaiues of ethics, fair piay and honesty, among others; and doping 
is fundamentaliy contrary to the spirit of sport.2
As an advocate of fair play and genuine sportsmanship, approval of this 
measure is earnestly sought.
NGGOY EJERCITO ESTRADA
2 The World Anti-Doping Code. Fundamental Rationale for the World Anti-Doping Code, page 14. Accessed 
through https://www.wada-ama.org/sites/default/files/resources/files/wada anti- 
doping code 2009 en O.pdf


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. ^60
25 JUL 14 A10 :25
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROVIDING FOR A NATIONAL ANTI-DOPING POLICY IN SPORTS, 
ESTABLISHING FOR THE PURPOSE THE PHILIPPINE NATIONAL ANTI- 
DOPING ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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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 education, science and technology, arts, 
culture, and sports to foster patriotism and nationalism, accelerate social progress, 
and promote total human liberation and development.
Moreover, Article XIV, Section 19 (1) provides that the State shall promote 
physical education and encourage sports programs, league competitions, and amateur 
sports, including training for international competitions, to foster self-discipline, 
teamwork, and excellence for the development of a healthy and alert citizenry.
To this end, the State shall promote and support the eradication of doping in 
sports in the country in compliance with its obligations under the United Nations 
Educational, Scientific and Cultural Organization (UNESCO) International Convention 
Against Doping in Sport, the World Anti-Doping Code, International Standards, and 
Anti-Doping Rules that aim to formalize global anti-doping rules, policies and


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guidelines in order to provide an honest and equitable playing environment for all
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athletes and promote the health of athletes.
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The State shall adopt the general principles of legitimacy, confidentiality,
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ensuring rights and freedoms, mandatory nature of doping control, and maintenance
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of fair games in doping control in sport.
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Sec. 3. Definitions. - As used in this Act;
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a) Accredited iaboratory refers to a laboratory accredited or approved by the
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World Anti-Doping Agency (WADA) to test samples for the presence of
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prohibited substances or the use of prohibited methods in accordance with
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International Standards;
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b) Adverse analytical finding refers to a report from a WADA-accredited
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laboratory or other WADA-approved laboratory that, consistent with the
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International Standards 
for Laboratories, establishes 
in a sample the
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presence of a prohibited substance or its metabolites or markers or evidence
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of the use of a prohibited method;
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c) Administration refers to providing, supplying, supervising, facilitating, or
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otherwise participating in the use or attempted use by another person of a
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prohibited substance or prohibited method: Provided, however, that this
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definition shall not include the actions of bona fide medical personnel
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involving a prohibited substance or prohibited method used for genuine and
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legal therapeutic purposes or other acceptable justification and shall not
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include actions involving prohibited substances which are not prohibited in
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out-of-competition testing unless the circumstances as a whole demonstrate
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that such prohibited substances are not intended for genuine and legal
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therapeutic purposes or are intended to enhance sport performance;
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d) Anti-doping activities refer to education and information, test distribution
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planning, maintenance of a registered testing pool, managing athlete
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biological passports, conducting testing, organizing analysis of samples,
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gathering of intelligence and conduct of investigations, processing of
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Therapeutic Use Exemption (TUE) applications, results management,
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monitoring and enforcing compliance with any consequences imposed, and
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all other activities related to anti-doping to be carried out by or on behalf of


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an Anti-Doping Organization, as set out in the World Anti-Doping Code or 
the International Standards;
e) Anti-doping rules refer to the regulations on anti-doping, including 
regulations under this Act, the World Anti-Doping Code, the Convention, and 
their amendments;
f) Anti-doping organization refers to the WADA or a signatory that is 
responsible for adopting rules for initiating, implementing or enforcing any 
part of the Doping Control process, including the International Olympic 
Committee, the International Paralympic Committee, other Major Event 
Organizations that conduct testing at their events. International 
Federations, and National Anti-Doping Organizations;
g) Anti-doping rule violation refers to the circumstance, act or conduct 
specified in Section 15 of this Act;
h) Appeal Committee refers to the National Anti-Doping Appeal Committee 
created under Section 24 of this Act;
i) Athletes refer to any person who competes in sports at the international 
level as defined by each International Federation or the national level as 
defined by each National Sports Association, including any person in the 
Registered Testing Pool who is otherwise subject to the jurisdiction of this 
Act;
j) Athlete Biological Passport refers to the program and methods of gathering 
and collating data as described in the International Standard for Testing and 
Investigations and International Standard for Laboratories;
k) Athlete support personnel refer to any coach, trainer, manager, agent, team 
staff, official, medical or paramedical personnel, parent or any other person 
working with, treating or assisting an athlete participating in or preparing 
for a sports competition;
l) Board refers to the PHINADO Board established under Section 12 of this 
Act;
m) Code refers to the World Anti-Doping Code, including any amendments to 
the Code adopted by WADA;
n) Competition refers to a single race, match, game or singular sport contest;


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o) 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;
p) Court of Arbitration for Sports refers to an international body established in 
1984 to settle disputes related to sport through arbitration whose 
headquarters is in Lausanne, Switzerland;
q) Discipiinary Committee refers to the National Anti-Doping Disciplinary 
Committee established under Section 22 of this Act;
r) Doping in sporf refers to the occurrence of any Anti-Doping Rule Violations 
as defined in this Act;
s) Doping Control refers to all steps and processes from test distribution 
planning to ultimate disposition of any appeal and the enforcement of 
consequences, including all steps and processes in between, including but 
not limited to, testing, investigations, whereabouts, TUEs, sample collection 
and handling, laboratory analysis, results management and investigations 
or proceedings relating to violations of the World Anti-Doping Code (Status 
During Ineligibility or Provisional Suspension);
t) £i/e/7f refers to a series of individual competitions conducted together under 
one ruling body;
u) In-Competition refers to the period commencing at 11:59 p.m. on the day 
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: Provided, however, WADA may approve, for a particular 
sport, an alternative definition should an International Federation provide a 
compelling justification that a different definition is necessary for its sport; 
upon such approval by WADA, the alternative definition shall be followed by 
all Major Event Organizations for that particular sport;


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v) International Event refers to a sports competition where the International 
Olympic Committee, the International Paralympic Committee, an 
International Federation, a Major Event Organization, or another 
international sport organization is the ruling body for the event or appoints 
the technical officials for the event;
w) International Federation refers to the international governing body for a 
particular sport;
x) International Standard refers to a standard adopted by the WADA in 
support, in compliance with, and in the enforcement of the Code and 
includes any technical documents issued in relation thereto. Compliance 
with an International Standard (as opposed to another alternative standard, 
practice or procedure) shall be sufficient to conclude that the procedures 
addressed by the International Standard were performed properly;
y) National Anti-Doping Organization refers to the entity designated by each 
country as possessing the primary authority and responsibility to adopt and 
implement anti-doping rules, direct the collection of samples, manage test 
results and conduct results management at the national level;
z) National event refers to a sport event or competition involving international 
or national level athletes that is not an international event;
ee)National-Level Athlete refers to athletes who compete in sport at the 
national level, as defined by each national sports association, consistent with 
the International Standard for Testing and Investigations. It shall refer to 
those who:
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participate in the national leagues, events or competitions organized 
by their NSA or by any sports organizations or club;
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are affiliated to a federation, national league, sports organization or 
club in the Philippines;
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participate in competition of events organized by schools, colleges, 
other institutions, and other intercollegiate events; or
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participate in professional sports.
bb)National Sports Associations refers to an umbrella body organized for their 
respective sports in the Philippines and affiliated with their respective


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international federations which are recognized by the International Olympic 
Committee responsible for Olympic, non-Olympic, Paralympic sports or all 
sports disciplines;
cc) Other Anti-Doping Organizations refer to the organizations which are 
responsible for adopting anti-doping rules for initiating, implementing or 
enforcing any part of the doping control process and include the World Anti- 
Doping Agency, the International Olympic Committee, the International 
Paralympic Committee, other major event organizations that conduct testing 
at their events and International Federations, but does not include the 
Agency;
Out-of-competition tesWnq refers to the sample collection during any period 
other than the period specified for in-competition testing;
ee) Philippine National Anti-Doping Organization or PHINADO refers to a body 
corporate created under Section 6 of this Act which shall have the primary 
authority and responsibility to adopt and implement all anti-doping activities 
in the Philippines;
ff) Possession refers to the actual, physical possession, or the constructive 
possession which shall be found only if the person has exclusive control or 
intends to exercise control over the prohibited substance or prohibited 
method or the premises in which a prohibited substance or prohibited 
method exists: Provided, however, 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: Provided, however, that 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. Notwithstanding 
anything to the contrary in this definition, the purchase, including by any


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electronic or other means, of a prohibited substance or prohibited method 
constitutes possession by the person who makes the purchase;
qq)Prohibited List refers to the list developed by the WADA, including its 
modifications for purposes of identifying the prohibited substances and 
prohibited methods;
hh)Prohibited Method refers to any method so described on the Prohibited List;
ii) Prohibited Substance refers to any substance, or class of substances, so 
described on the Prohibited List;
jj) Registered Testing Pooi refers to the pool of highest-priority athletes 
established separately at the international level by International Federations 
and at the national level by National Anti-Doping Organizations, who are 
subject to focused In-Competition and Out-of-Competition Testing as part 
of that International Federation's or National Anti-Doping Organization's test 
distribution plan and therefore are required to provide whereabouts 
information as provided in Article 5.5 of the World Anti-Doping Code (Athlete 
Whereabouts Information) and the International Standard for Testing and 
Investigations;
kk) Sampie or specimen refers to any biological material collected for the 
purposes of doping control;
II) Tampering refers to intentional conduct which subverts the Doping Control 
process but which would not otherwise be included in the definition of 
prohibited methods. Tampering shall include offering or accepting a bribe 
to perform or fail to perform an act, preventing the collection of a sample, 
affecting or making impossible the analysis of a sample, falsifying 
documents submitted to an Anti-Doping Organization from witnesses, 
committing any other fraudulent act upon the Anti-Doping Organization or 
hearing body to affect results management or the imposition of 
consequences, and any other similar intentional interference or attempted 
interference with any aspect of doping control or Therapeutic Use 
Exemption (TUE) committee or hearing panel, procuring false testimony in 
furtherance of any of the foregoing;


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mm) Testing refers to the parts of the doping control process involving test 
distribution planning, sample collection, sample handling, and sample 
transport to the laboratory;
r\r\)Therapeutic Use Exemption allows an athlete with a medical condition to 
use a prohibited substance or prohibited method but only if the conditions 
set out in Article 4.4 of the World Anti-Doping Code (Therapeutic Use 
Exemption) and the International Standard for Therapeutic Use Exemptions 
are met;
oo)Trafficking refers to selling, giving, transporting, sending, delivering or 
distributing, or possessing for any such purpose, a prohibited substance or 
prohibited method, either physically or by any electronic or other means, by 
an athlete, athlete support person or any other person subject to the 
authority of an anti-doping organization to any third party: Provided, 
however, this definition shall not include the actions of bona fide medical 
personnel involving a prohibited substance used for genuine and legal 
therapeutic purposes or other acceptable justification, and shall not include 
actions involving prohibited substances which are not prohibited in out-of- 
competition testing unless the circumstances as a whole demonstrate such 
purposes or are intended to enhance sport performance;
pp)Lfee refers to the utilization, application, ingestion, injection or consumption 
by any means of any prohibited substance or prohibited method;
qq) Worid Anti-Doping Agency or WADA refers to the sports body set up for the 
purposes of coordinating anti-doping activities worldwide;
rr) World Anti-Doping Code or Code refers to the core document that 
harmonizes anti-doping policies, rules, and regulations within sports 
organizations and among public authorities around the world; and
Sec. 4. Coverage. - The provisions of this Act shall apply to the following:
a) Philippine National Anti-Doping Organization;
b) International-level and National Level Athletes;
c) Athlete Support Personnel;
d) National Sports Associations; and
e) Other sports organizations, sports associations, and sports clubs.


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Sec. 5. Prohibition of Doping in Sport. - Athlete, athlete support personnel and
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other persons covered by this Act:
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a) Shall not indulge in doping in sport;
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b) Shall not conceal or fail to disclose any occurrence of any Anti-Doping Rule
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Violation as specified in this Act or by the Code;
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c) Shall participate in a sport competition at all levels with highest standards
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of integrity and ethics and in accordance with the provisions of this Act and
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the rules and regulations made thereunder;
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d) Shall accept the anti-doping rules as a condition of such participation or
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involvement and be bound by the provisions of this Act and the rules and
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regulations made thereunder; and
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e) Shall be responsible for knowing what constitutes Anti-Doping Rule
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Violations and the restrictions on the use of prohibited substances and the
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prohibited methods which are included in the Prohibited List.
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Sec. 6. Estabiishment of the Phiiippine Nationai Anti-Doping Organization
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(PHINADO). - There is hereby established a body corporate known as the Philippine
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National Anti-Doping Organization, herein referred to as the PHINADO, designated as
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possessing the primary authority and responsibility to adopt and implement anti-
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doping rules, direct the collection of samples, manage test results, and conduct results
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management at the national level.
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The PHINADO shall be established as an attached agency to the Philippine
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Sports Commission (PSC), with its own budget separate from the PSC: Provided,
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however, that the PHINADO shall enjoy autonomy and independence in its operations,
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decisions, and activities.
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Sec. 7. Powers and Functions of PHINADO. - The PHINADO shall exercise the
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following duties as are necessary to facilitate the control and prevention of doping in
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sports:
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a) To adopt and implement anti-doping rules, regulations and policies which
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conform to international obligations and commitments for promoting,
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coordinating and monitoring the doping control program in sports to ensure
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doping-free sport;


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b) To implement the United Nations Educational Scientific and Cultural 
Organization Convention Against Doping in Sport, herein referred to as the 
"Convention", the World Anti-Doping Code, herein referred as the "Code", 
and other rules and regulations in accordance with this Act;
c) To develop a national strategy to address doping in sport in collaboration 
with the Philippine Sports Commission, government agencies, and the 
private sector;
d) To plan, coordinate, implement and monitor anti-doping activities in the 
country, including the collection of samples, manage test results, and to 
conduct results management in all sports, sport associations, sport 
organizations, and sport clubs at the national level;
e) To enter into contracts and to acquire movable and immovable property;
f) To promote anti-doping research in the field of prohibited substances and 
methods and doping practices in sport;
g) To establish a program to support research and training in methods of 
detecting the use of performance-enhancing drugs by athletes;
h) To provide and disseminate information to athletes, athlete support 
personnel, and other stakeholders on the updated list of prohibited 
substances as published by the WADA, including the procedures for, and 
developments concerning the collection and testing of sample in accordance 
with the Code and any standards developed by WADA;
i) To maintain data of all prohibited substances in accordance with the 
directions of the WADA;
j) To select athletes who shall be requested to provide samples for testing 
when necessary;
k) To collect samples from athletes in accordance with approved guidelines 
and Internationai Standards and secure the safe transit of sampies to 
laboratories accredited by WADA for testing;
l) To carry out investigation and conduct results management of any Anti- 
Doping Rule Violations;
m) To undertake steps aimed at ensuring that the Government and the 
Philippine Olympic Committee compiies with international agreements and
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other arrangements to which the Philippines is a party concerning the use
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of drugs and doping in sport;
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n) To enforce anti-doping rules by exercising authority over athletes, athlete
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support personnel and other persons, including National Sports Associations
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and other sports organizations;
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o) To coordinate and cooperate with the World Anti-Doping Agency, Other
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Anti-Doping Organizations, National Sports Associations, and International
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Associations;
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p) To facilitate and share information relating to the use of doping substances,
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doping practices, or any Anti-Doping Rule Violation between sports bodies,
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officials conducting sports competitions 
or 
events, other 
anti-doping
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organizations and agencies;
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q) To use only WADA accredited laboratories for analysis of samples and other
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required specimen;
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r) To maintain the Whereabouts Register and a Registered Testing Pool in
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accordance with the Code and International Standard for Testing and
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Investigations;
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s) To prosecute anti-doping offenses;
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t) To oversee all activities of the Therapeutic Use Exemption Committee;
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u) To establish Code of Conduct for officers and employees of the PHINADO
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and for such other persons or agencies engaged by the organization;
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v) To undertake any other activity specified by regulations of the Board that
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may be expedient for fulfilling the objective of eliminating doping in sport;
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w) To submit annual report to the Office of the President and both Houses of
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Congress; and
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x) To perform related functions to implement the provisions of this Act.
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In the performance of its functions, the PHINADO shall address the needs of
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minors, take into account the needs of persons with disabilities or other persons with
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special needs, and ensure that the rights of everyone involved in the doping control
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procedures are respected.
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Sec. 8. Organizational Structure. - The PHINADO shall be headed by a Director
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General and shall be assisted by a Deputy Director General. The Human Resource
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complement of the PHINADO shall be organized and set up by the Director Generai.
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The organizational structure of the PHINADO including the position
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classification and compensation of all the officers and employees thereof shall be
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recommended by the Board subject to existing rules, regulations, and guidelines
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prescribed by the Department of Budget and Management and the Civil Service
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Commission.
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Sec. 9. The Director General. - The Director General shall be appointed by the
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President of the Philippines, from among the persons of integrity and proven
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competence with an extensive background in sports, sports medicines or sciences and
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other related fields.
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The Director General shall hold office on a fuli-time basis for a period of five (5)
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years, which may be extended to such further period, at the pleasure of the President.
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The Director General shall be responsible for the execution of the powers and functions
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of the PHINADO as prescribed under this Act, and shall have administrative control
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over the officers and other staff of the PHINADO.
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In the event of the occurrence of a vacancy in the office of the Director General
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by reason of his death, resignation or continued disability to discharge the office, the
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Board may appoint any other person to discharge the functions of the Director General
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until a new Director General is appointed by the President.
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The Director Generai may reiinquish his office by submitting in writing to the
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President of the Phiiippines a notice of not less than three (3) months before the
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effectivity date of his resignation: Provided, That such resignation shall be effective
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from the date when it is accepted by the President.
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Sec. 10. The Deputy Director General. - The Deputy Director General shall be
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appointed by the Board to assist the Director General in managing and overseeing
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PHINADO's anti-doping program, and to ensure strict adherence to the Code and
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international standards. This position shall actively engage with governmental
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agencies, NSAs, affiliated organizations, and non-government stakeholders to
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maintain effective anti-doping operations.
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Sec 11. Employment of Other Officers and Employees. - The Director General
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may appoint such officers and employees, subject to the rules and regulations of the
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Civil Service Commission and the Department of Budget and Management, upon such
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terms and conditions of service as it may consider necessary for the proper
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performance of its functions.
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A person shall be qualified to be employed by the PHINADO if such person was
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not a member or official of a national sports body at least two (2) years immediately
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preceding the appointment.
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Sec. 12. Establishment of the PHINADO Board. - For purposes of this Act, the
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PHINADO Board is hereby established and shall be composed of the following:
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a) Chairperson of the Philippine Sports Commission (PSC) as Chairperson;
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b) Secretary of the Department of Science and Technology (DOST);
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c) Secretary of Department of Health (DOH);
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d) Secretary of Department of Education (DepEd);
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e) Chairperson of the Commission on Higher Education (CHED);
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f) Chairperson of the Games and Amusements Board (GAB);
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g) President of the Philippine Olympic Committee (POC);
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h) President of the National Paralympic Committee; and
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i) Three (3) representatives distinguished in the field of law, sports medicine
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and sports science.
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The members of the Board from the government may designate their
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permanent authorized representatives.
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Within thirty (30) days from the effectivity, the members of the Board from the
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private sector shall be appointed by the President of the Philippines from a list of three
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nominees submitted by the members of the Board. To ensure their independence,
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members of the private sector should not be appointed if that person is:
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a) a member of or an official of an NSA;
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b) employed by or is associated with any person who supplies goods or services
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to the PHINADO or whose spouse or family member is so employed or
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associated therein, or
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c) an athlete, athlete support personnel or an official of a sports organization,
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sports club or sports federation.
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Members representing the private sector of the Board shall serve for a term of
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three (3) years. In the event of the occurrence of a vacancy in the office of the
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Chairperson or Members of the Board by reason of death, resignation, retirement or
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when the Chairperson or Member is unable to discharge his functions owing to
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absence, illness or any other cause, the Board may assign temporarily any member of
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the Board for the period of vacancy, and such person shall discharge the functions of
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the Chairperson or Member, as the case may be, until a new Chairperson or Member,
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appointed in accordance with the provisions of this Act to fill such vacancy, enters
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upon his office, or until the date on which the Chairperson or Member resumes duties
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of his office.
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Sec. 13. Powers and Functions of the Philippine National Anti-Doping Board. -
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There shall be established, for the purposes of this Act, a Board to be called the
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PHINADO Board and shall have the following functions:
14 
a) To ensure implementation of the international obligations and commitments
15 
and to monitor the compliance thereof;
16 
b) To advise the President of the Philippines and the PSC Chairperson on
17 
matters relating to the regulations on anti-doping in sports and international
18 
obligations and commitments;
19 
c) To determine the date, time, venue, and quorum for the meetings as well
20 
as the procedure for transaction of business;
21 
d) To establish Committees, as well as to appoint their members, necessary or
22 
expedient to assist PHINADO in the performance of its functions under this
23 
Act: Provided, That the Committees established under this Act may adopt
24 
and regulate their own internal rules of procedures consistent with this Act;
25 
e) To oversee the processes of the different Committees created under this
26 
Act;
27 
f) To control, supervise and administer the assets of the PHINADO in such
28 
manner that best promotes the 
purpose for which the PHINADO is
29 
established;
30 
g) To determine the provisions to be made for capital and recurrent
31 
expenditure and for the reserves of the PHINADO;
14


1 
h) To receive any grants, gifts, donations or endowments and make legitimate
2 
disbursements therefrom;
3 
i) To open such bank accounts for the funds of the PHINADO as may be
4 
necessary;
5 
j) To lay down policy guidelines for operations and management of all funds
6 
collected by the PHINADO;
7 
k) To oversee the activities of the PHINADO and require the PHINADO to
8 
submit information and reports relating to its operation;
9 
I) To enter into associations with other bodies or organizations within and
10 
outside Philippines as the PHINADO may consider desirable or appropriate
11 
in furtherance of the purpose for which the PHINADO is established;
12 
m) To make regulations consistent with the provisions of this Act, the Code,
13 
Conventions, and international standards; and
14 
n) To perform all such other acts or undertake any activity as may be incidental
15 
or conducive to the attainment or fulfilment of any of the functions of the
16 
PHINADO under this Act.
17 
Sec. 14. Meetings of the Board. - The Board shall meet at such times and
18 
places, and shall observe such procedure with regard to the transaction of business
19 
at its meetings, including the quorum at such meetings, as may be provided by
20 
regulations made by the Board. Every decision of the Board shall be on the basis of a
21 
simple majority of the total membership of the Board.
22 
Sec. 15. Anti-Doping Ruie Vioiations. - Any of the following circumstances, acts
23 
or conduct committed by an athlete, athlete support personnel, or other persons shall
24 
constitute Anti-Doping Rule Violation:
25 
a) The presence of a prohibited substance or its metabolites or markers in an
26 
athlete's bodily specimen;
27 
b) The use or attempted use of any prohibited substance or a prohibited
28 
method, unless such use is exempted by the TUEC under Section 18 of this
29 
Act;
30 
c) Refusing or failing without compelling justification, to submit sample
31 
collection after notification as authorized in applicable anti-doping rules or
32 
otherwise evading sample collection;
15


1 
d) Whereabouts failures by an athlete committed under any of the following
2 
instances:
3 
i) Filing failure wherein the athlete has failed to submit his whereabouts
4 
information before the required deadline or to update the same after
5 
change in circumstances, or even if submitted on time, is incomplete,
6 
inaccurate or insufficient information to locate him for testing;
7 
ii) Missed test wherein the athlete has filed his whereabouts information
8 
but is not available at the location for testing; or
9 
iii) Such other omissions or failures as specified under Article 2.4 of the Code
10 
(Whereabouts Failures by an Athlete).
11 
e) Tampering, or attempting to tamper, with any part or process of doping
12 
control;
13 
f) Possession of prohibited substances or prohibited methods;
14 
g) Trafficking or attempted trafficking of any prohibited substance or
15 
prohibited method;
16 
h) Administration or attempted administration of a prohibited substance or
17 
prohibited method to any athlete during in-competition or out-of-
18 
competition;
19 
i) Assisting, encouraging, aiding, abetting, conspiring, covering-up or any
20 
other type of complicity involving an Anti-Doping Rule Violation or any
21 
attempted Anti-Doping Rule Violation or violation of the prohibition against
22 
participation during ineligibility or provisional suspension; and
23 
j) Discouraging or retaliating against reporting to authorities.
24 
All of the above-indicated anti-doping rule violations shall be interpreted and
25 
applied in accordance with Article 2 of the Code (Anti-Doping Rule Violations).
26 
Sec. 16. Consequences of Anti-Doping Ruie Vioiations. - The consequences of
27 
Anti-Doping Rule Violations by an individual athlete, athlete support personnel or any
28 
other person covered under this Act, may result in one or more of the following:
29 
a) Disqualification of results, with all consequences including forfeiture of
30 
medals, points and prizes, in such manner as may be specified by the
31 
PHINADO;
16


1 
b) Ineligibility to participate in any competition or event or other activity or
2 
funding, for such period and in such manner, as may be specified by the
3 
PHINADO;
4 
c) Provisional suspension from participating in any competition or activity prior
5 
to the decision in appeal;
6 
d) Imposition of financial sanction including proportionate recovery of costs,
7 
for the training and other related expenses;
8 
e) Public disclosure and such other consequences as may be specified by the
9 
PHINADO; and
10 
f) Possible criminal prosecution under existing laws.
11 
The consequences of Anti-Doping Rule Violations for team sports and any other
12 
persons covered under this Act shall be determined by the Board.
13 
Sec. 17. Conformity to Anti-Doping Ruies. - Each NSA, sports association,
14 
sports organization, sports club, and sports federation shall require all athletes and
15 
athlete support personnel to agree to be bound by all Anti-Doping Rules and the
16 
PHINADO's results' management authority in conformity with the Code as a condition
17 
for such participation.
18 
An athlete or athlete support personnel who is not a minor shall be required to
19 
sign conformity to the Anti-Doping Rules and submit the same to the PHINADO. In
20 
case of a minor, the parent/s or guardian shall sign such acceptance and submit the
21 
acceptance to the PHINADO.
22 
Sec. 18. Therapeutic Use Exemptions. - Any athlete with a medical condition,
23 
requiring the use of a prohibited substance or prohibited method, may apply for a
24 
therapeutic use exemption, upon endorsement of the athlete's sports association, to
25 
the Therapeutic Use Exemptions Committee established pursuant to Section 19 of this
26 
Act, for a therapeutic use exemption, in accordance with the provisions of this Act and
27 
the Anti-Doping Rules.
28 
Sec. 19. Therapeutic Use Exemption Committee. - There shall be created a
29 
Therapeutic Use Exemption Committee (TUEC) to consider applications for TUEs for
30 
athletes in accordance with the relevant provisions of this Act, the Code and the
31 
International Standard for Therapeutic Use Exemptions (ISTUE).
17


1 
The TUEC shall be composed of five (5) independent medical experts, including
2 
the TUEC Chairperson, who shall be elected from among the members of the TUEC.
3 
The TUEC members must be medical doctors for not less than five (5) years of
4 
experience in the fields of clinical, sports and exercise medicine, psychiatry, para-
5 
sports, and with significant experience in the care and treatment of athletes: Provided,
6 
that the TUEC Chairperson must be a medical practitioner with seven (7) years of
7 
experience in the same fields of expertise.
8 
Sec. 20. Duties of the TUEC. -The TUEC shall exercise the following duties:
9 
a) To receive, review, reject and approve applications for the grant of
10 
Therapeutic Use Exemption by athletes who compete at the national level,
11 
and at the international level, if requested to do so by an international
12 
federation;
13 
b) To review Therapeutic Use Exemptions issued by an international federation
14 
for compliance with the International Standard for Therapeutic Use
15 
Exemptions for the purpose described in Article 4.4.3.2 of the Code, in case
16 
where the athlete does not already have a TUE granted by the NADO for
17 
the substance or method in question;
18 
c) To refer to the WADA any Therapeutic Use Exemption issued by an
19 
international federation which in its view does not meet the requirements
20 
of the International Standards for Therapeutic Use Exemption;
21 
d) To notify the concerned athlete and sports association on the result of the
22 
TUE application; and
23 
e) To perform any other functions that are conferred by this Act.
24 
The TUEC shall comply with the following in the performance of its duties:
25 
a) The Convention;
26 
b) The Code;
27 
c) International Standard for Therapeutic Use Exemption;
28 
d) The Prohibited list;
29 
e) The provisions of this Act; and
30 
f) The PHINADO's Anti-Doping Rules.
31 
Any person aggrieved by the decision of the TUEC may file an appeal to the
32 
Appeal Committee established under Section 24 of this Act.
18


1 
Sec. 21. Accredited WADA Laboratories. - A sample taken from an athlete shall
2 
be analyzed only at an accredited WADA laboratory to detect prohibited substances
3 
and prohibited methods or as otherwise permitted by Article 6.2 of the Code (Purpose
4 
of Analysis of Samples and Data). A sample shall not be analyzed for any other purpose
5 
unless:
6 
a) The athlete consents in writing;
7 
b) Any means of identification is removed to ensure that the sample cannot be
8 
traced back to the athlete; and
9 
c) The results of all tests shall be submitted to the PHINADO.
10 
Sec. 22. Disciplinary Committee. - There shall be established a Disciplinary
11 
Committee, which shall comply with the requirements found in the definition of
12 
Operational Independence in the Code and shall consist of:
13 
a) A Chairperson who is a legal expert and with not less than ten (10) years of
14 
experience as legal practitioner;
15 
b) Two (2) legal practitioners who have at least five (5) years of experience;
16 
and
17 
c) Two (2) persons who have had previous experience in sports administration
18 
and sports medicine or related fields.
19 
The Chairperson and members of the Disciplinary Committee shall be appointed
20 
by the Board for a term of five (5) years, and shall be eligible for reappointment for
21 
another term. The quorum for the conduct of the business of the Committee shall be
22 
three (3) members.
23 
Sec. 23. Duties and Jurisdiction of the Disciplinary Committee. - The
24 
Disciplinary Committee shall exercise the following duties:
25 
a) To receive, examine, and hear Anti-Doping Rules violation;
26 
b) To conduct disciplinary hearing related to Anti-Doping Rules violations;
27 
c) To determine whether a violation of the Anti-Doping Rules has occurred;
28 
d) To issue contempt orders, and provide administrative penalties in the
29 
enforcement thereof to ensure compliance;
30 
e) To impose sanctions and penalties of Anti-Doping Rules violations; and
19


1 
f) To Perform any other functions that are conferred or imposed on the
2 
Committee under this Act, the Code or the International Standard for Results
3 
Management.
4 
The Disciplinary Committee shall comply with the following in the performance
5 
of its work;
6 
a) The Convention;
7 
b) The Code;
8 
c) International Standard for Results Management;
9 
d) The Prohibited List;
10 
e) The provisions of this Act; and
11 
f) The PHINADO's Anti-Doping Rules.
12 
Anti-Doping Rules violations involving national level athletes, athlete support
13 
personnel, NSA's and sports organizations, shall be resolved by the Disciplinary
14 
Committee at the first instance within a period of thirty (30) days, after the conduct
15 
of the hearing or submission of pleadings and subject to appeal to the Appeals
16 
Committee within fifteen (15) days from receipt of the decision of the Disciplinary
17 
Committee.
18 
The Appeals Committee must resolve the matter within thirty (30) days from
19 
receipt of the entire records from the Disciplinary Committee. Appeal to the Court of
20 
Arbitration for Sport may also be filed within fifteen (15) days from receipt of the
21 
decision of the Appeals Committee. The decision of the Court of Arbitration for Sport
22 
shall be final and executory.
23 
Anti-doping rule violations involving international level athletes shall be resolved
24 
by the Disciplinary Committee at the first instance and shall be appealed directly to
25 
the Court of Arbitration for Sport whose finding and recommendation shall likewise be
26 
final and executory.
27 
All impositions of penalties and recommendations, however, shall be
28 
implemented by the PHINADO.
29 
Sec. 24. Appeal Committee. - There shall be established an Appeal Committee
30 
for purposes of hearing the appeals filed pursuant to this Act and shall be composed
31 
of the following:
20


1 
a) A Chairperson who is a member of the Philippine Bar with at least ten (10)
2 
years of legal practice;
3 
b) Two (2) members who are members of the Philippine Bar with at least five
4 
(5) years of legal practice; and
5 
c) Two (2) members who are registered medical practitioners with at least
6 
seven (7) years of experience.
7 
The Chairperson and other members of the Appeal Committee shall be
8 
appointed by the PSC for a term of five (5) years, and shall be eligible for
9 
reappointment for another term: Provided, That each member shall be eligible for
10 
reappointment.
11 
Sec. 25. Doping Control Process. - In the exercise of its powers, duties and
12 
responsibilities, the PHINADO shall perform the following acts, subject to existing laws,
13 
rules, and regulations:
14 
a) Collect samples and testing. - Where the PHINADO has reasons to believe
15 
that an athlete, athlete support personnel or any other person covered by
16 
this Act has committed an Anti-Doping Rule Violation, it shall require such
17 
person to submit samples for testing, in accordance with such procedure
18 
and in such manner, as may be specified by this Act;
19 
b) Entry, Search and Seizure. - Where the PHINADO has reasons to believe
20 
that an athlete, athlete support personnel or any other person covered by
21 
this Act has committed an Anti-Doping Rule Violation, any person authorized
22 
by the PHINADO, after securing the appropriate search warrant, and in the
23 
presence of iocal police authorities, may:
24 
i) enter and search any place, for the purpose of inspecting, examining and
25 
obtaining evidence of any Anti-Doping Rule Violation has been
26 
committed or is being committed; and
27 
ii) seize any equipment, device, substance, record, register, document or
28 
other material object, as evidence of such Anti-Doping Rule Violation for
29 
purposes of prosecution or mitigation or prevention o any Anti-Doping
30 
Rule Violation.
31 
c) Result Management Process. - After receiving an adverse report from a
32 
WADA-accredited testing laboratory showing presence of any prohibited
21


1 
substance in the sample of an athlete, the PHINADO shall carry out initial
2 
examination of the report and verify if Therapeutic Use Exemption has been
3 
granted to such athlete with respect to such substance. In case after
4 
examination and verification, no Therapeutic Use Exemption has been
5 
granted to the athlete, the PHINADO shall take such action in such manner
6 
specified by this Act and by the Code.
7 
Sec. 26. Registered Testing Pooi. - The PHINADO shall establish a Registered
8 
Testing Pool in accordance with the Code and the International Standard for Testing
9 
and Investigations. The PHINADO shall, in accordance with the Anti-Doping Rules,
10 
publish criteria for the inclusion of the name of an athlete in its Registered Testing
11 
Pool. The PHINADO shall notify the concerned athlete, in writing, of the inclusion of
12 
his or her name in its Registered Testing Pool, and shall also notify the athlete in
13 
writing when they are removed from the Registered Testing Pool.
14 
Sec. 27. Data ofAthietes and Maintenance of Database. - The PHINADO shall
15 
collect, use and process the following personal data for the purposes of implementing
16 
the objectives of this Act and in accordance with applicable data privacy regulations:
17 
a) List of Anti-Doping Rule Violations committed by an athlete under this Act
18 
or the Code and the details of such violation;
19 
b) Medical history of the athlete;
20 
c) Whereabouts information of the athlete; and
21 
d) Any other personal data as it may deem necessary.
22 
The PHINADO shali issue regulations to govern the procedure for coliection,
23 
usage, processing and disclosure of the personal data. It shall establish and maintain
24 
a database to record all the sanctions imposed by the PHINADO, the Disciplinary
25 
Committee, the Appeal Committee, and such other details of the sanctions, in such
26 
manner, as may be prescribed by regulations.
27 
Sec. 28. Duties and Responsibilities of Athletes, Athlete Support Personnel,
28 
NSAs, Sports Organizations, Sports Associations, and Sports Clubs. - The athletes,
29 
athlete support personnel, NSAs, sports organizations, sports associations, and sports
30 
clubs shall:
31 
a) Respect PHINADO's TUEC's, Disciplinary Committee's autonomy and not to
32 
interfere with its operationai decisions or activities;
22


1 
b) Require clubs and other similar bodies under its authority to report to
2 
PHINADO any information related to an anti-doping rule violation and to
3 
cooperate with investigations conducted by any Anti-Doping Organization
4 
with authority to conduct the investigation;
5 
c) Cooperate with the conduct of operation of an investigation, including
6 
establishment of a doping test rooms at an event sponsored by it or
7 
subordinate bodies;
8 
d) Take appropriate information delivery and implement support measures
9 
towards athletes who are part of the PHINADO's Registered Testing Pool
10 
such as ensuring them to submit whereabouts filing in the Registered
11 
Testing Pool;
12 
e) Report to PHINADO, and to ensure the appropriate enforcement of
13 
sanctions, penalties and other consequences of, all potential anti-doping
14 
rule violations within its jurisdiction including investigation into whether
15 
athlete support personnel or other persons may have been involved in each
16 
case of doping, as well as to implement automatic investigation into anti-
17 
doping rule violations related to a minor;
18 
f) Comply with anti-doping rules; and
19 
g) Assist PHINADO in formulating rules, regulations, and policies to promote
20 
anti-doping.
21 
Lack of knowledge about anti-doping regulations and the substances and
22 
methods which have been included on the Prohibited List shall not be a justification
23 
for non-compliance of any of the provision provided for under this Act.
24 
NSAs shall obey the provisions of this Act and PHINADO rules in case of
25 
adoption of sanctions against athlete or athlete support personnel. Non-execution of
26 
obligations stipulated herein by the NSA shall be considered as a violation.
27 
Sec. 29. Administrative Sanctions and Penaities. - When any athlete, athlete
28 
support personnel, NSA, sports association, sports organization, or sports club has
29 
been found to have committed anti-doping violations. Article 10 of the Code (Sanctions
30 
on Individuals) and the PHINADO Rules shall apply for the purpose of determining and
31 
imposing the appropriate consequences.
23


1 
When a medical professional is found to be in complicity with Anti-Doping
2 
violations, the Disciplinary Committee shall endorse the violation to the Professional
3 
Regulation Commission, who shall also impose, depending on the gravity of the
4 
violation, the penalty of suspension or revocation of professional license.
5 
Sec. 30. Integration of Anti-Doping Poiicy into the Educationai System. - The
6 
Philippine Sports Commission, the Department of Education, the Commission on
7 
Higher Education, the National Academy of Sports, in coordination with the PHINADO,
8 
shall ensure the integration of age-appropriate content pertaining to anti-doping into
9 
the physical education curriculum at all educational levels, both in public and private
10 
institutions.
11 
Sec. 31. Appropriations. - The amount needed for the initial implementation of
12 
this Act shall be charged against the current year's appropriations of the PSC for the
13 
maintenance and other operating expenses of the PHINADO. Thereafter, the required
14 
budget for the continued implementation of this Act shall be appropriated from the
15 
General Appropriation Act directly to the PHINADO based on the annual financial plan
16 
approved by the Board and submitted to the DBM.
17 
Sec. 32. Transitory Cause. - All property, assets, rights, liabilities, obligations,
18 
agreements, conveyances, deeds, leases, licenses, permits, exemptions, power of
19 
attorney, undertakings, securities and other arrangements existing at the
20 
commencement of this Act and vested in, acquired, incurred or entered into by or on
21 
behalf of the former PHINADO under the PSC, shall upon the commencement of this
22 
Act, be deemed to have vested in or to have been acquired, incurred or entered into
23 
by or on behalf of the PHINADO established under this Act to the same extent as they
24 
were enforceable by or against the former PHINADO before the commencement of
25 
this Act.
26 
A person who, immediately before the commencement of this Act, was an
27 
employee of former PHINADO shall, on the commencement of this Act, be deemed to
28 
be an employee of the PHINADO established under this Act.
29 
Sec. 33. Implementing Rules and Regulations. - The PHINADO, in consultation
30 
with the PSC, DOH, Games and Amusements Board, NSAs, Philippine Olympic
31 
Committee, CHED, DepEd, NAS, PRC shall, not later than thirty (30) days upon the
32 
effectivity of this Act, promulgate the necessary rules and regulations for the effective
24


1 
implementation of this Act: Provided, That failure to promulgate the rules and
2 
regulations shall not prevent the implementation of this Act upon its effectivity.
3 
Sec. 34. Separability Clause. - If for any reason, any provision of this Act is
4 
declared unconstitutional or invalid, such parts not affected thereby shall remain in
5 
full force and effect.
6 
Sec. 35. Repealing Clause. - All laws, decrees, executive orders, rules and
7 
regulations and other issuances or parts thereof which are inconsistent with this Act
8 
are hereby repealed, amended or modified accordingly.
9 
Sec. 36. Effectivity. - This Act shall take effect fifteen (15) days after its 
10 publication in the Official Gazette or in any two (2) newspapers of general circulations.
Approved,
25