Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House BiLLNo.__'7470

Introduced by Representatives
CRISTINA “CHIQUI” ROA-PUNO and PIA S. CAYETANO

EXPLANATORY NOTE

Article XIV, Section 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 and
alert citizenry.”

To allow greater access to the untapped pool of gifted individuals and to
showcase the talents of Filipino athletes to the world, this bill recognizes their right to
participate in training programs and to represent the country in international sports
competitions.

This bill likewise prohibits and penalizes any act that curtails the right of an
athlete to try out for, and train with, the national team, and thereafter participate in
international competitions representing the country.

Through the passage of this bill, nationalism would be promoted and the
significant role played by athletes in nation-building shall be recognized.

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

fx 8.
CRIS HIQUI” -PUNO PIA S. CAYETANO


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

7470

HOUSE BILL NO.

Introduced by Representatives
CRISTINA “CHIQUI” ROA-PUNO and PIA S. CAYETANO

AN ACT
PROTECTING THE RIGHT OF ATHLETES TO SERVE THE PHILIPPINES AS
PART OF THE NATIONAL TEAM

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 “Athletes’ Right to Represent
the Philippines Act.”

SEC. 2. Coverage. This Act shall apply to all Filipino athletes, including those
belonging to any athletic associations, sports organization or club, whether amateur,
semi-professional, or professional.

SEC. 3. Declaration of Policy. - Article |I, Section 17 of the 1987 Constitution provides
that the State shall give priority to sports “to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and development”.

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

SEC. 4. Right to Participate in International Competitions. - It is the right of an
eligible athlete to try out, train, and participate in international sports competitions and
represent the country as part of the national team.

SEC. 5. Obligation of Employers, Educational Institutions, Athletic
‘Associations, Sports Organizations and Clubs. - It is the obligation of employers,
educational institutions, athletic associations, sports organizations and clubs, whether
amateur, semi-professional and professional as well as their officials to allow an
athlete to try out, train, and thereafter participate in international sports competitions


representing the country. Provided, That such decision to represent the country came
from the athlete's free will.

SEC. 6. Prohibited Acts. - As a result of an athlete's desire to try out for, and train
with, the national team, and thereafter participate in international competitions
representing the country, it shall be unlawful for:

(a)

(b)

An educational institution or school athletic association to:

4. Refuse to release any of their athletes;

2. Revoke the scholarship of an athlete which may include the payment
of tuition and other miscellaneous fees covered by the scholarship
granted, including monetary and non-monetary benefits;

3. Give incomplete grades in subjects in which the athlete is exempted
by virtue of being a student-athlete;

4. Mark the athlete as absent in class for the duration of the try out,
training, and competition; Provided, That the student-athlete must not
exceed the number of excused absences allowed;

5. Disallow an athlete to attend trainings, practices and regular games;

6. Suspend an athlete from the varsity and/or school athletic
association;

7. Expel an athlete from the educational institution and/or school
athletic association; or

8. Impose other forms of punishment.

National Sports Associations (NSAs) and amateur sports organizations
and clubs to:

1. Refuse to release any of their athletes;

2. Withhold an athlete's allowances, including monetary and non-
monetary benefits;

3. Disallow an athlete from attending trainings, practices and regular
games;

4. Suspend an athlete from membership in the NSA and/or sports
organization or club;

5. Expel an athlete from the NSA and/or sports organization or club; or


(c)

6. Impose other forms of punishment.

Professional sports organizations and clubs, and employers to:
1. Refuse to release any of their athletes;
2. Withhold an athlete's salary, allowances, and benefits;

3. Disallow an athlete from attending trainings, practices and regular
games;

4. Suspend an athlete from membership in the professional
organization/club;

5. Deny an athlete's promotion;
6. Forcibly lay off an athlete from work; or

7. Impose other forms of punishment.

SEC. 7. Penal Clause —

(a)

(b)

(c)

It shall be unlawful for any person, natural or juridical, to directly or
indirectly, induce, threaten, or deny an athlete from participating in try-
ing programs, and/or from representing the country in sports
competitions.

Who May File. — For purposes of this Act, a complaint may be filed by
an athlete, his/her parents or guardians, NSAs, or any person or any
entity on behalf of an athlete who may be affected by the violation of this
Act.

Investigation. — A written complaint for violations of this Act may be filed
with the following bodies:

i. Philippines Sports Commission (PSC) — for violations committed in
relation to amateur sports and NSAs;

ii, Games and Amusement Board (GAB) - for violations committed in
professional sports;

iii, Department of Education (DepEd) or Commission on Higher
Education (CHED) — for violations committed in educational
institutions and school athletic associations; and

iv. Department of Labor and Employment (DOLE) for violations
committed in the workplace.


VWWHKOWINNYVOPROVP EEE Pep ee
BPESSSESSRSRRRBRASSRIAREERE So miV9HewKH

(4) Sanctions and penalties. - Upon notice and hearing, the PSC, DepEd,
CHED, GAB, and DOLE may impose a fine ranging from One Hundred
Thousand Pesos (P100,000.00) to One Million Pesos (P1,000,000.00)
depending on the gravity of the offense, and the suspension of his/her/its
GAB license or permit, if applicable for violations of this Act.

The availment of remedies under this Act will not preclude the
complainant from seeking further recourse from the courts of law.

(e) Reconsideration. — Within fifteen (15) days upon receipt of the decision,
a motion for reconsideration may be filed with the same agency,
otherwise the decision shall be final.

Nothing in this section shalll prevent the filing of a temporary restraining
order or any other injunctive relief in court if there is no other plain,
speedy, and adequate remedy in the ordinary course of law.

SEC. 8. Implementation Rules and Regulations. - The PSC, GAB, CHED, DepEd,
and DOLE, together with athletic associations, NSAs, and the 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. 9. 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. 10. 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. 11. 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,