Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Hon. Roberto “Robbie” V. Puno

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, immedi | is earnestly sought.

ROBERT|O/ROBBIE” V. PUNO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

ail
HOUSE BILL NO,

INTRODUCED BY HON. ROBERTO “ROBBIE” V. PUNO

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:

SEC. 1. Title.
the Philippines Act.”

This Act shall be known as the “Athletes’ Right to Represent

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 11, Section 17 of the 1987
Constitution provides that the State shall give priori ty 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 ‘enry”. 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

1


SEC. 4. Decline of Invitation. Vhe Filipino athlete who declined the invitation
shall submit to the NSA a sworn statement stating the reason which prevents him/her
from accepting the invitation.

C. 5. Obligation of Employers, Educational Institutions, Athletic
Associations, Sports Organizations and Clubs. - \t 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. — Pursuant to the right herein granted, it shall be
unlawful for any person, natural or juridical, to perform the following acts
that directly or indirectly, induces, threatens, or denies an athlete from participating
in try outs, training programs, and/or from representing the country in sports
competitions:

(A) For An Educational Institution or School Athletic Association to:

1. Refuse to release a student-athlete to the national team to try-out, train,
and to participate in international competitions;

2. Revoke the scholarship of an student-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 student-athlete is
exempted by virtue of being a student-athlete;

4. Mark the student-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 a student-athlete to attend trainings, practices and regular
games;

6. Suspend a student-athlete from the varsity and/or school athletic
association;

7. Expel a student-athlete from the educational institution and/or school
athletic association; or

8. Impose other forms of punishment.



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

Refuse to release any of their athletes to the national team to try-out,

train, and to participate in international competitions;

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

6. Impose other forms of punishment.

(c) Professional sports organizations and clubs, and employers to:

1. Refuse to release any of their athletes to the national team to try-out,
train, and to participate in international competitions;

2. Withhold an athlete’s salary, allowances, and benefits;

. Disallow an athlete from attending trainings, pra

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.

ices and regular

SEC. 7. Investigation and Imposition of Penalty —

(a) Who May File. — For purposes of this Act, a complaint shall be filed by
an athlete, an athlete’s parents or guardians, the concerned NSAs, or any
Person or any entity on behalf of an athlete who may be affected by the
violation of this Act.

(b) 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;


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

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

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

(c) 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 secking further recourse from the courts of law.

SEC. 8

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

Nothing in this section shall 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

Implementing 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.

. Separability Clause. — If any provision or part of this Act is declared

invalid or unconstitutional, the remaining parts or provisions not affected thereby
shall remain in full force and effect.


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.

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

Approved.