Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BiLLNo.__ 4581

Introduced by HONORABLE ROBERTO V. PUNO
EXPLANATORY NOTE

Article XIV, Section 1 of the Constitution recognizes “the role of the State to
protect and promote the rights of all citizens to quality education at all levels,
and take appropriate steps to make such education accessible to all.”

Moreover, Article XIV, Section 19 of the 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.”

The purpose of this bill is to foster these values in our campuses, while
providing student-athletes with the protection and support they need to excel
in both school and in sports.

Student-Athletes are precisely that, student first, athletes second. Too often
the fierceness of sports competition drives schools, parents, alumni and
sometimes the students themselves to forget the primacy of education and
prioritize winning instead. The time has come for us to protect the student-
athlete.

This proposed Act recognizes that student-athletes are above all, students
entitled to quality education. It allows student-athletes to choose the institution
from which they would like to obtain their education and protects student-
athletes from attempts to commercialize their participation in amateur sports,
while providing them with the benefits and incentives they require to fully
develop their academic and sports potentials.

For the reasons cited above, the approval of this bill is earnestly sought.

mG

Ri TO V. PUNO.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

4581

HOUSE BILL NO.

Introduced by HONORABLE ROBERTO V, PUNO.

AN ACT
PROTECTING THE AMATEUR NATURE OF STUDENT-ATHLETES IN THE
PHILIPPINES BY REGULATING THE RESIDENCY REQUIREMENT AND
PROHIBITING COMMERCIALIZATION OF STUDENT-ATHLETES
Be it enacted by the Senate and the House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Short Title - This Act shall be known as the “Student-
Athletes Protection Act of 2014”

SEC.2. Declaration of Policy ~ Article XIV, Section 1 of the 1987

Constitution recognizes the role of the State to protect and promote the right
of all citizens to quality education at all levels, and to take appropriate steps to
make such education accessible to all, Further, Section 19 (1) of the same
Article provides that the State shall promote physical education, sports
programs and competitions alongside training for international competitions to
foster self-discipline, teamwork and excellence for the attainment of a healthy
and alert citizenry. Thus, the State shall recognize and uphold the rights of
Student-Athletes to further hone their skills and abilities in their respective
fields of amateur sports without neglecting their education and general well-
being

It is the intention of this law to protect and promote the rights of the
Student-Athletes, who is, first and foremost, a student. To this end, the rights
guaranteed by this law and the obligations imposed on schools and athletic


associations and their officials, athletic directors, coaches, members of the
coaching staff, administrators, alumni and representatives shall seek to
ensure that the Student-Athlete attains quality education while honing his skill
and reaching his full potential as an athlete in an amateur sports setting

SEC. 3. Definition of Terms — As used in this Act, the following terms

shall be defined as follows:

(a) “Athletic Association” refers to any public or private
organization that is responsible for governing inter-school
athletic programs and competitions such as but not limited to,
the Private Schools Athletic Association (PRISAA), University
Athletic Association of the Philippines (UAAP), National College
Athletic Association of the Philippines (NCAA), Women's
National Collegiate Athletic Association (WNCAA), State
Colleges and University Athletic Association (SCUAA), Cebu
Schools Athletic Foundation Inc. (CESAF), National Capital
Regional Athletic Association (NCRAA), Association of Local
Colleges and Universities Athletic Association (ALCUAA), and
National Athletic Association of Schools, Colleges and
Universities (NAASCU), among others, but shall not include
National Sports Associations, as defined by Republic Act no.
6847.

(b) “School” refers to an institution recognized by the State
which undertakes educational operations such as grade school,
high school, college, university, or technical-vocational
education and training institution

(c) “Student-Athlete” refers to a student currently enrolled in
any school who is part of any of the school’s athletic teams or

programs and who represents or has an_ intentions of
representing the school in an inter-school athletic program or


competition; Provided, That for purposes of being eligible to
represent his/her school in an inter-school athletic program or
competition, the Student-Athlete shall be enrolled in at least a
minimum full-time program of studies and be in good academic

standing.

SEC.4, Student-Athletes’ Residency - Without prejudice to the
respective rules of athletic associations on foreign imports, no residency shall
be imposed on a high school Student-Athlete transferring to another high
school or to a college or university. In the case of a tertiary Student-Athlete
transferring from one college or university to another, a maximum period of

one (1) -year residency may be imposed by athletic associations.

No penalty or any other form of punishment shall be imposed by any
high school, college or university for the transfer of any Student-Athlete to
another high school, college or university, Provided, That athletic
associations, as well as agencies enumerated under section 7 of this Act, may
investigate or impose appropriate penalties to schools which offer Student-
Athletes commercial consideration as characterized under section 6 of this
Act.

SEC.5. Benefits and Incentives, — Schools may give deserving

Student-Athletes the following:

a. Tuition, miscellaneous school fees, books and other learning
materials;

b. Board and lodging;

c. Uniform and other equipment;

d. A reasonable living allowance, the computation of which
shall be in accordance with the Implementing Rules and
Regulations of this Act, as approved by the director of the

school's athletic program or his/her equivalent and


standardized by the athletic association that the school is
affiliated with ; and

e. Other reasonable and similar benefits that would further
enhance the Student-Athletes’ academic and athletic

performance

SEC. 6. Commercial Consideration. - Schools shall not offer a
Student-Athlete or his/her immediate family members benefits or incentives
beyond that enumerated under Section 5, which are contrary to the nature of
amateur sports and which may result to the commercialization of a Student-
Athlete.

SEC.7. Investigation and Imposition of Sanctions or Penalties. -
The Department of Education (DepEd), Commission on Higher Education
(CHED), Philippine Sports Commission (PSC), or other relevant government
agencies may motu propio, or upon written complaint, investigate violations of
this Act and impose the appropriate penalties, without prejudice to any civil or
criminal action filed in court.

For purposes of this Act, a written complaint may be filed by a Student-
Athlete, his/her parents or guardians, member schools or their alumni, athletic
associations, or any person who or any entity which may be affected by
violations of this Act.

Athletic associations or schools shall be liable under relevant laws, or
rules and regulations for any violation of this Act committed by its officials,
athletic directors, coaches, member of the coaching staff, administrators,
alumni, or representatives, who participated in any violation of this Act or who
shall have knowingly permitted or failed to prevent such violation, without
prejudice to any direct liability by the foregoing individuals.


SEC.8. Implementing Rules and Regulations. - The PSC, together
with the DepEd and CHED, after consultation with relevant stakeholders, shall
promulgate the Implementing Rules and Regulations (IRR) of this Act within
sixty (60) days from its effectivity: Provided, That failure to promulgate or
issue the IRR will not hinder or delay the Implementation of the provisions of
the Act.

SEC. 9. Implementing Agencies. - The PSC, as the lead agency,
together with the DepEd and CHED, shall implement the provisions of this
Act

SEC.10. 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 invalid and subsisting,

SEC.11. Repealing Clause, - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or inconsistent with the provisions of this Act is hereby
repealed, modified, or amended accordingly.

SEC.12. Effectivity Clause.- This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation

Approved,