Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. _2499

INTRODUCED BY HON. FAUSTINO MICHAEL CARLOS T. DY III

EXPLANATORY NOTE

While drugs can improve athletic performance, the use of stimulants and strength-building
substances in sport is prohibited for several reasons:

First, the use of performance enhancing drugs is harmful to the athlete and the athlete may
not be in a position to give fully-informed consent to receive the drugs. Although the use of
these drugs allows athletes to train harder, recover more quickly and build more muscle, they
can also lead to kidney damage and increased aggression. Other side-effects include baldness
and low sperm count for men, and increased facial hair and deepened voices for women.

Second, the use of performance-enhancing drugs makes the competition inequitable, unfair
and unjust. It should be a competition of raw strength obtained though natural means and
not strength obtained through artificial means and with harmful side effects.

Finally, athletes are role models within society and if it is perceived that only through
performance enhancing drugs can aspiring young people reach the pinnacle of their sport,
this will lead to a wider use of such drugs and the potential for harm extends beyond
professional athletes to the wider society.

However, there are still instances when athletes have been found to have used performance
enhancing drugs or have taken banned substances whether knowingly or not.


‘A major drug scandal at the 1998 Tour de France underlined the need for an independent
international agency to set standards in anti-doping work. The World Anti-Doping Agency
(Wada) was then established the following year.

In the Philippines, the usual ebb and flow of Philippine sports was disrupted last January
26, 2025 by a particularly concerning notice from the World Anti-Doping Agency
(WADA), saying that the country isin danger of getting banned in international
competitions due to alleged non-compliance.

This bill seeks to establish and promote an organization that will work towards combating and
preventing doping in all international and national-level sports; testing for prohibited
substances and methods, and penalizing violations with the goal of ensuring the country’s full
participation in all international competitions.

In view of the foregoing, the immediate approval of this measure is earnestly sought.

‘ARLOS T. DY II
epresentative, Isabela 5¢ District


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 2499

Introduced by Representative Faustino Michael Carlos T. Dy Il!

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:

SECTION 1. Short Title. - This Act shall be known as the Anti-Doping in
Sports Act.

SEC. 2. Declaration of Policy. - Article |, Section 17 of the 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.

Further, 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 2003 Copenhagen
Declaration on Anti-Doping in Sport, the 2005 United Nations Educational, Scientific
and Cultural Organization International Convention Against Doping in Sport, the
2010 Ratification by the Philippines of the International Convention Against Doping in
Sports, the World Anti-Doping Code, World Anti-Doping Agency (WADA)
International Standards, and the full representation and participation of the

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Philippines in the 2006 Southeast Asia Regional Anti-Doping Organization- the
regional body responsible for implementing WADA doping controls and anti-doping
education in the Southeast Asian region, with the end in view of protecting the health
of athletes from potentially harmful doping substances and practices, and preserving
the fundamental values of fairness, commitment, integrity, and equal opportunities in
sport.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Accredited laboratory refers to a laboratory accredited or approved by the
WADA to test samples for the presence of prohibited substances or the
use of prohibited methods in accordance with international standards;

(b) Administration refers to providing, supplying, supervising, facilitating, or
otherwise participating in the use or attempted use by another person of a
prohibited substance or prohibited method: Provided, however, That this definition
shall not include the actions of bona fide medical personnel involving a
prohibited substance or prohibited method 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 that
such prohibited substances are not intended for genuine and legal
therapeutic purposes or are intended to enhance sport performance;

(c) Adverse analytical finding refers to a report from a WADA-accredited
laboratory or other WADA-approved laboratory that, consistent with the
International Standard for Laboratories, establishes in a sample the
presence of a prohibited substance or its metabolites or markers or
evidence of the use of a prohibited method;

(@) Anti-doping activities refer to anti-doping education and information, test
distribution planning, maintenance of a registered testing pool, managing
Athlete Biological Passports, conducting testing, organizing analysis of
samples, gathering of intelligence and conduct of investigations,
processing of Therapeutic Use Exemption (TUE) applications, results
management, monitoring and enforcing compliance with any
consequences imposed, and all other activities related to anti-doping to be
carried out by or on behalf of an Anti-Doping Organization, as set out in
the World Anti-Doping Code or the international standards;

(e) 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 Intemational Paralympic Committee, other major event
organizations that conduct testing at their events, international federations,

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and national anti- doping organizations;

(f) 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;

(g) Anti-doping rule violations refer to the circumstances, acts or conducts
‘specified in Section 15 of this Act;

(h) Appeal panel refers to the National Anti-Doping Appeal Panel created
under Section 24 of this Act;

Athlete Biological Passport refers to the program and methods of gathering
and collating data as described in the Intemational Standard for Testing
and Investigations and International Standard for Laboratories;

Athletes refer to any person, including athletes with disability, who
compete in sports at the international level as defined by each intemational
federation or the national level as determined by each National Sports
Association (NSA), including any person in the Registered Testing Pool
who is otherwise subject to the jurisdiction of this Act;

(k) Athlete support personnel refers to a 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;

() Board refers to the Philippine National Anti-Doping Organization
(PHINADO) Board established under Section 12 of this Act;

(m) Competition refers to a single race, match, game, or singular sport contest;

(n) 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;

(0) Court of Arbitration for Sports refers to an international body established in
1984 to settle disputes related to sport through arbitration whose
headquarter is in Lausanne, Switzerland;

(p) Disciplinary committee refers to the National Anti-Doping Disciplinary
Committee established under Section 22 of this Act;

(a) Doping control refers to all steps and processes from test distribution
planning through ultimate disposition of any appeal and the enforcement of
consequences, including all steps and processes in between such as
testing, investigations, whereabouts, TUEs, sample collection and handling,
laboratory analysis, results management and investigations or proceedings

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(

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relating to violations of Article 10.14 of the Code (Status During Ineligibility
or Provisional Suspension);

() Doping in sport refers to the occurrence of any anti-doping rule violations
as defined under Section 15 of this Act;

(s) Event refers to a series of individual competitions conducted together
under one ruling body;

(t) 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
telated to such competition: Provided, however, That WADA may approve,
for a particular sport, an alternative definition should an international
federation provides 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;

(u) Intemational 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;

(v) Intemational federation refers to the international governing body for a
particular sport;

(w) Intemational 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;

(x) 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;

(y) National event refers to a sport event or competition involving international
or national level athletes that is not an international event;

(2) National level athlete refers to athletes who compete in sport at the
national level, as defined by each NSA, consistent with the International
Standard for Testing and Investigations. In the Philippines, national- level
athletes are defined as those who:

i. Participate in the national leagues, events or competitions
organized by their NSA or by any sports organizations or club;

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ii, Are affiliated with a federation, national league, sports organization
or club in the Philippines;

iii. Participate in competition of events organized by schools,
colleges, other institutions, and other intercollegiate events; or

iv. Participate in professional sports;

(aa) National Sports Associations refer to an umbrella body organized for
their respective sports in the Philippines and affiliated with their respective
international federations which are recognized by the International Olympic
Committee responsible for Olympic, non-Olympic, Paralympic sports or all
sports disciplines;

(ab)  Out-of-competition testing refers to the sample collection during any
period other than the period specified for in-competition testing;

(ac) 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;

(ad) 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 electronic or other means, of a
prohibited substance or prohibited method constitutes possession by the
person who makes the purchase;

(ae) Prohibited list refers to the list provided by the World Anti-Doping Code
identifying the prohibited substances and prohibited methods;

(af) Prohibited method refers to any method so described on the
Prohibited List;
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(ag) Prohibited substance refers to any substance, or class of substances, so
described on the Prohibited List;

(ah) Registered testing poo! refers to the pool of highest-priority athletes
established separately at the international level by Intemational
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 Code
(Athlete Whereabouts Information) and the Intemational Standard for
Testing and Investigations;

(ai) Sample or specimen refers to any biological material collected for the
purposes of doping control;

(aj) 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 TUE committee or
hearing panel, procuring false testimony in furtherance of any of the
foregoing;

(ak) Testing refers to the parts of the doping control process involving test
distribution planning, sample collection, sample handling, and sample
transport to the laboratory;

(al) 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 Code (Therapeutic Use Exemption) and the
International Standard for Therapeutic Use Exemptions are met;

(am) 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

6


authority of an anti-doping organization to any third party: Provided,
however, That 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;

(an) Use refers to the utilization, application, ingestion, injection, or
consumption by any means of any prohibited substance or prohibited
method;

(ao) Word Anti-Doping Agency refers to the sports body set up for the
purposes of coordinating anti-doping activities worldwide; and

(ap) — World Anti-Doping Code herein referred to as “Code” refers to the core
document that harmonizes anti-doping policies, rules, and regulations
within sports organizations and among public authorities around the world.

SEC. 4. Coverage. — The provisions of this Act shall apply to the following

(a) PHINADO;

(b) International-level and National Level Athletes;

(c) Athlete Support Personnel;

(¢) NSA; and

(e) Other sports organizations, sports associations, and sports clubs.

SEC. 5. Prohibition of Doping in Sport. - Athlete, athlete support personnel,
and other persons covered by this Act shall:

(a) Not engage in doping in sport;

(b) Not conceal or fail to disclose any occurrence of any Anti-Doping Rule
Violation as specified in this Act or by the Code;

(©) Participate in a sport competition at all levels with highest standards of
integrity and ethics and in accordance with the provisions of this Act and
the rules and regulations made thereunder;

(d) Accept the anti-doping rules as a condition of such participation or
involvement and be bound by the provisions of this Act and the rules and
regulations made thereunder;

(e) Be responsible for knowing what constitutes Anti-Doping Rule Violations
and the restrictions on the use of prohibited substances and the prohibited
methods which are included in the Prohibited List; and

(f) Bear any other responsibility as specified in the Code and the anti-doping

7


rules.

SEC. 6. Establishment of the Philippine National Anti-Doping
Organization. - There is hereby established a body corporate known as the
Philippine National Anti-Doping Organization, herein referred to as the PHINADO,
designated by the Republic of the Philippines 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.

The PHINADO shall be established as an attached agency to the Philippine
Sports Commission (PSC) for budgetary purposes, with its own budget separate
from the PSC: Provided, however, That the PHINADO shall enjoy autonomy and
independence in its operations, decisions, and activities.

SEC. 7. Powers and Functions of the PHINADO. - In addition to the
obligations of National Anti-Doping Organizations indicated in the Code, the
PHINADO shall:

(a) Adopt and implement anti-doping rules, regulations and policies which
conform to international obligations and commitments for promoting,
coordinating and monitoring the doping control program in sports to ensure
doping-free sport;

(b) Implement the United Nations Educational Scientific and Cultural
Organization Convention Against Doping in Sport, herein referred to as the
“Convention”, the Code, and other rules and regulations in accordance with
this Act;

(c) Develop a national strategy to address doping in sport in collaboration with
the PSC, government agencies, and the private sector;

(@) 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) Enter into contracts and to acquire movable and immovable property:

(f) Promote anti-doping research in the field of prohibited substances and
methods and doping practices in sport;

(g) Establish a program to support research and training in methods of
detecting the use of performance-enhancing drugs by athletes;

(h) Provide 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) Maintain data of all prohibited substances and prohibited methods in
accordance with the directions of the WADA;

() Select athletes who shall be requested to provide samples for testing when
necessary;

(k) 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;
Conduct investigation for purposes of determining possible violations of
this Act and pursuant thereto, the PHINADO may invite witnesses to testify
and direct them to bring or produce related documents as evidence. In
case of non-compliance, the PHINADO may seek judicial assistance to
compel attendance and compliance with its directives or request the court
to exercise its contempt power to compel compliance;

(m) Conduct results management of any Anti-Doping Rule Violations;

(n) Undertake steps aimed at ensuring that the Government and the Philippine
Olympic Committee (POC) complies with intemational agreements and
other arrangements to which the Philippines is a party concerning the
use of drugs and doping in sport;

(0) Enforce anti-doping rules by exercising authority over athletes, athlete
support personnel, and other persons, including NSAs and other sports
organizations;

(p) Coordinate and cooperate with the WADA, Other Anti-Doping
Organizations, NSAs, and International Associations;

(q) Facilitate and share information relating to the use of prohibited substances
and prohibited methods, doping practices, or any Anti-Doping Rule Violation
between sports bodies, officials conducting sports competitions or events,
other anti-doping organizations and agencies;

() Use only WADA accredited laboratories or laboratories otherwise
approved by WADA for analysis of samples and other required specimen;

(s) Maintain the Whereabouts Register and a Registered Testing Pool in
accordance with the Code and International Standard for Testing and
Investigations;

() Prosecute anti-doping offenses;

(u) Oversee alll activities of the Therapeutic Use Exemptions Committee (TUEC);

(v) Establish code of conduct for officers and employees of the PHINADO and
for such other persons or agencies engaged by the organization;

(w) Undertake any other activity specified by regulations of the Board that may
be expedient for fulfilling the objective of eliminating doping in sport;

(x) Submit annual report to the Office of the President and both Houses of
Congress; and

(y) Implement the provisions of this Act.

9

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In the performance of its functions, the PHINADO shall address the needs of
minors, protected persons, 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.

SEC. 8. Organizational Structure. -The PHINADO shall be headed by a
Director General and shall be assisted by a Deputy Director General. The Human
Resource complement of the PHINADO shall be organized and set up by the
Director General.

The Director General shall determine the organizational structure and staffing
pattern of the PHINADO in accordance with the revised compensation and position
classification system, subject to the evaluation and approval of the Department of
Budget and Management (DBM), and in accordance with the civil service laws, rules
and regulations, and other pertinent laws.

SEC. 9. The Director General. - The Director General shall be appointed by
the President of the Philippines, from among the persons of integrity and outstanding
ability with an extensive background in sports, sports medicines or sciences and
other related fields.

The Director General shall hold office on a full-time basis for a period of five (5)
years, which may be extended to such further period, at the pleasure of the
President. The Director General shall be responsible for the execution of the powers
and functions of the PHINADO as prescribed under this Act, and shall have
administrative control over the officers and other staff of the PHINADO.

In the event of the occurrence of a vacancy in the office of the Director General
by reason of death, resignation, or continued disabilty to discharge the office, the Board
may appoint any other person to discharge the functions of the Director General until
a new Director General is appointed by the President.

The Director General may relinquish the office by submitting in writing to the
President of the Philippines a notice of not less than three (3) months before the
effectivity date of resignation: Provided, That such resignation shall be effective from
the date when it is accepted by the President.

SEC. 10. The Deputy Director General. - The Deputy Director General shall
be appointed by the Board to assist the Director General in managing and
overseeing PHINADO’s anti-doping program, and to ensure strict adherence to the
Code and international standards. This position shall actively engage with

10


governmental agencies, NSAs, affiliated organizations, and non-government
‘stakeholders to maintain effective anti-doping operations.

SEC. 11. Employment of other officers and employees. - The Director
General may appoint such officers and employees, subject to the rules and
regulations of the Civil Service Commission and the DBM, 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 PHINADO if such person
was not a member or official of a national sports body at least two (2) years
immediately preceding the appointment.

SEC. 12. Establishment of the PHINADO Board. — For purposes of this Act,
the PHINADO Board is hereby established and shall be composed of the following:

(a) Chairperson of the PSC as Chairperson;

(b) Secretary of the Department of Science and Technology;

(©) Secretary of the Department of Health (DOH);

(a) Secretary of the Department of Education (DepED);

(e) Chairperson of Commission on Higher Education (CHED);

(f) President of the Games and Amusement Board (GAB);

(g) President of the POC;

(h) President of the National Paralympic Committee; and

() 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, 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 members of the Board. To ensure their
independence, members of the private sector shall 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 PHINADO or whose spouse or family member is so
‘employed or associated therein; 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 shalll 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
Chairperson or Members of the Board by reason of death, resignation, retirement or
when the Chairperson or Member is unable to discharge the functions owing to
absence, illness or any other cause, the Board may assign temporarily any member
of the Board for the period of vacancy, and such person shall discharge the functions
of the Chairperson or Member, as the case may be, until a new Chairperson or
Member, appointed in accordance with the provisions of this Act to fill such vacancy,
enters upon his office, or until the date on which the Chairperson or Member resumes
duties of his office.

SEC. 13. Powers and Functions of the PHINADO Board. - The Board shall:

a) Ensure implementation of the international obligations and commitments

and to monitor the compliance thereof;

Advise the President of the Philippines and the PSC Chairperson on

matters relating to the regulations on anti-doping in sports and

international obligations and commitments;

Determine the date, time, venue, and quorum for the meetings as well as

the procedure for transaction of business;

d) Establish such Committees as well as to appoint their members,
necessary or expedient to assist PHINADO in the performance of its
functions under this Act: Provided, That the Committees or Panels
established under this Act may adopt and regulate their own internal rules
of procedures consistent with this Act;

e) Oversee the processes of the different Committees created under this Act;

f) Control, supervise and administer the assets of the PHINADO in such

manner as best promotes the purpose for which the PHINADO is

established;

Determine the provisions to be made for capital and recurrent expenditure

and for the reserves of the PHINADO;

Receive any grants, gifts, donations or endowments and make

legitimate disbursements therefrom;

i) Open such bank accounts for the funds of the PHINADO as may
be necessary;

j) Lay down policy guidelines for operations and management of all funds
collected by the PHINADO;

k) Oversee the activities of the PHINADO and require the PHINADO to
submit information and reports relating to its operation;

1) Enter into associations with other bodies or organizations within and
outside Philippines as the PHINADO may consider desirable or
appropriate in furtherance of the purpose for which the PHINADO is

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b)

°)

9)

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established;

m) Make regulations not inconsistent with any provision of this Act, the Code,
Conventions, and intemational standards; and

n) Perform all such other acts or undertake any activity as may be incidental
or conducive to the attainment or fulfillment of any of the functions of the
PHINADO under this Act.

SEC. 14. Meetings of the Board. - The Board shall meet at such times and
places, and shail observe such procedure with regard to the transaction of business
at its meetings, including the quorum at such meetings, as may be provided by
regulations made by the Board. Every decision of the Board shall be on the basis of
a simple majority of the total membership of the Board.

SEC. 15. Anti-Doping Rule Violations.- Any of the following circumstances,
acts, or conducts committed by an athlete, athlete support personnel, or any other
person, shail constitute an anti-doping rule violation:

(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 any prohibited substance or a prohibited
method, unless such use is exempted by the TUEC under Section 18 of
this Act;

(©) Refusing or failing without compelling justification, to submit sample
collection after notification as authorized in applicable anti-doping rules or
otherwise evading sample collection;

(d) Whereabouts failures by an athlete committed under any of the following
instances:

i Filing failure wherein the athlete has failed to submit his whereabouts.
information before the required deadline or to update the same after a
change in circumstances, or even if submitted on time, is incomplete,
inaccurate, or insufficient information to locate him for testing;

ii. Missed test wherein the athlete has filed his whereabouts information
but is not available at the location for testing; or

iii. | Such other omissions or failures as specified under Article 2.4 of the
Code (Whereabouts Failures by an Athlete).

(e) Tampering, or attempting to tamper, with any part or process of doping
control;

(f) Possession of prohibited substances or prohibited methods;

(9) Trafficking or attempted trafficking of any prohibited substance or prohibited
method;

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(h) Administration or attempted administration of a prohibited substance or
prohibited method to any athlete during in-competition or out-of-
competition;

() Assisting, encouraging, aiding, abetting, conspiring, covering-up or any
other type of complicity involving an anti-doping rule violation or any
attempted anti-doping rule violation or violation of the prohibition against
participation during ineligibility or provisional suspension; and

() Discouraging or retaliating against reporting to authorities.

All of the above-indicated anti-doping rule violations shall be interpreted and
applied in accordance with Article 2 of the Code (Anti-Doping Rule Violations).

SEC. 16. Consequences of Anti-Doping Rule Violations. - The
consequences of Anti-Doping Rule Violations by an individual athlete, athlete
support personnel or any other person covered under this Act, may result in one or
more of the following, as further detailed in Article 10 of the Code:

(a) Disqualification of results, with all consequences including forfeiture of
medals, points and prizes, in such manner as may be specified by the
PHINADO;

() Ineligibility to participate in any competition or event or other activity or
funding, for such period and in such manner, as may be specified by the
PHINADO;

(c) Provisional suspension from participating in any competition or activity prior
to the decision in appeal;

(d) Imposition of financial sanction including proportionate recovery of costs, for
the training and other related expenses; and

(©) Public disclosure and such other consequences as may be specified by
the PHINADO.

The consequences of anti-doping rule violations for team sports and any other
persons covered under this Act shall be determined by the Board.

SEC. 17. Conformity to Anti-Doping Rules. Each NSA, sports
association, sports organization, sports club, and sports federation shall require all
athletes and athlete support personnel to agree to be bound by all anti-doping rules
and the PHINADO's results’ management authority in conformity with the Code as
a condition for such participation

An athlete or athlete support personnel who is not a minor shall be required
to sign a conformity to the Anti-Doping Rules and submit the same to the
PHINADO. In case of a minor, the parent/s or guardian shall sign such acceptance

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and submit the acceptance to the PHINADO.

SEC. 18. Therapeutic Use Exemptions. - Any athlete with a medical
condition, requiring the use of a prohibited substance or prohibited method, may
apply for a therapeutic use exemption, with the assistance of the athlete’s NSA,
where necessary, to the TUEC established pursuant to Section 19 of this Act, for a
therapeutic use exemption, in accordance with the provisions of this Act and the
Anti-Doping Rules.

SEC. 19. Therapeutic Use Exemptions Committee. - There shall be
created a TUEC to consider applications for TUEs for athletes in accordance with the
relevant provisions of this Act, the Code and the International Standard for
Therapeutic Use Exemptions (ISTUE).

The TUEC shall be composed of five (5) independent medical experts,
including the TUEC Chairperson, who shall be elected from among the members of
the TUEC.

The TUEC members must be medical doctors for not less than five (5) years
of experience in the fields of clinical, sports and exercise medicine, psychiatry, para-
sports, and with significant experience in the care and treatment of athletes:
Provided, That the TUEC Chairperson must be a medical practitioner with seven (7)
years of experience in the same fields of expertise.

SEC. 20. Duties of the TUEC. - The TUEC shall:

a)Receive, review, reject, and approve applications for the grant of TUE by
athletes who compete at the national level, and at the international level,
if requested to do so by an international federation;

b) Review TUE issued by an international federation for compliance with the
ISTUE for the purpose described in Article 4.4.3.2 of the Code (In case
where the athlete does not already have a TUE granted by the NADO
for the substance or method in question);

)Refer to the WADA any TUE issued by an international federation which
in its view does not meet the requirements of the ISTUE;

d) Notify the concemed athlete and sports association of the result of the
TUE application; and

e)Perform any other functions that are conferred by this Act or the ISTUE.

In the performance of its duties, the TUEC shall comply with the
provisions of the following:

a) The Convention;

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b) The Code;

c) International Standard for Therapeutic Use Exemptions;
d) The Prohibited list;

e) The provisions of this Act; and

f) The PHINADO’s Anti-Doping Rules.

‘Any person aggrieved by the decision of the TUEC may file an appeal to the
Appeal Panel established under Section 24 of this Act.

SEC. 21. Accredited WADA Laboratories. — A sample taken from an athlete
shall be analyzed only at an accredited WADA laboratory or laboratory approved by
WADA to detect prohibited substances and prohibited methods or as otherwise
permitted by Article 6.2 of the Code (Purpose of Analysis of Samples and Data). A
sample shall not be analyzed for any other purpose unless:

(a) The athlete consents in writing;

(b) Any means of identification is removed to ensure that the sample
cannot be traced back to the athlete; and

(c) The results of all tests shall be submitted to the PHINADO.

SEC. 22. Disciplinary Committee. - There shall be established a
Disciplinary Committee, which shall comply with the requirements found in the
definition of Operational Independence in the Code and shall consist of:

(a) A Chairperson who is a legal expert with not less than ten (10)
years of experience as a legal practitioner;

(b) Two (2) legal practitioners who have at least five (5) years of
experience; and

(©) Two (2) persons who have had previous experience in sports
administration and sports medicine or related fields.

The Chairperson and members of the Disciplinary Committee shall be
appointed by the Board for a term of six (6) years and shall be eligible for
reappointment for another term. The quorum for the conduct of the business of the
Panel shall be three (3) members.

SEC. 23. Duties and Jurisdiction of the Disciplinary Committee. - The
Disciplinary Committee shall:

(a) Receive, examine, and hear anti-doping rules violation;
(b) Conduct disciplinary hearing related to anti-doping rules violations;

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

(@) Issue contempt orders, and provide administrative penalties in the

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enforcement thereof to ensure compliance;

(e) Impose sanctions and penalties of Anti-Doping Rules violations; and

(f) Perform any other functions that are conferred or imposed on the
Panel under this Act, the Code or the International Standard for Results
Management.

In the exercise of jurisdiction and performance of duties, the Disciplinary
Committee shall comply with the provisions of the following:

(a) The Convention;

(b) The Code;

(c) International Standard for Results Management;
(d) The Prohibited List;

(e) The provisions of this Act; and

(f) The PHINADO’s Anti-Doping Rules

Anti-doping rules violations involving national level athletes, athlete support
personnel, NSA's and sports organizations, shall be resolved by the Disciplinary
Committee at the first instance within a period of thirty (30) days, after the conduct of
the hearing or submission of pleadings and subject to appeal to the Appeal Panel
within fifteen (15) days from receipt of the decision of the Disciplinary Committee.
Notwithstanding the aforementioned, the WADA's deadline to appeal to the Appeal
Panel shall be as specified in the Code.

‘The Appeal Panel must resolve the matter within thirty (30) days from receipt of
the entire records from the Disciplinary Committee. Appeal to the Court of Arbitration
for Sport may also be filed, by those parties with a right to appeal to the Court of
Arbitration for Sport as specified in the Code, within fifteen (15) days from receipt of
the decision of the Appeal Panel. Notwithstanding the aforementioned, the WADA’s
appeal deadline to appeal to the Court of Arbitration for Sport shall be as specified in
the Code. The decision of the Court of Arbitration for Sport shall be final and
executory.

Anti-doping rule violations arising from participation in an international event or
involving intemational level athletes shall be resolved by the Disciplinary Committee
at the first instance where PHINADO is the results management authority and may
be appealed directly to the Court of Arbitration for Sport by those parties with a right
of appeal to the Court of Arbitration for Sport as specified in the Code. The decision
of the Court of Arbitration for Sport is final and executory.

All impositions of penalties and recommendations, however, shall be
implemented by the PHINADO.

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No final decision by the Disciplinary Committee 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. 24. Appeal Panel. - There shall be established an Appeal Panel for
purposes of hearing the appeals filed pursuant to this Act and shall be composed of
the following:

{a) A Chairperson who is a member of the Philippine Bar with at least ten (10)
years of legal practice;

(b) Two (2) members who are members of the Philippine Bar with at least five (5)
years of legal practice; and

(c) Two (2) members who are registered medical practitioners with at least
seven (7) years of experience.

The Chairperson and other members of the Appeal Panel shall be appointed
by the PSC for a term of five (5) years, and shall be eligible for reappointment for
another five (5) years: Provided, That each member shall be eligible for
reappointment.

SEC. 25. Doping Control Process. - In the exercise of its powers, duties
and responsibilities, the PHINADO shall perform the following acts, subject to the
Code and International Standards, existing laws, rules, and regulations:

(a) Collect samples and testing. In accordance with the International
Standards, the PHINADO may, randomly at its discretion or when it has
reasons to believe, that an athlete has committed an anti-doping rule
violation, require such person to provide samples for doping control, in
accordance with such procedure and in such manner, as may be specified
by this Act;

(b) Entry, search and seizure. Where the PHINADO has reasons to believe
that an athlete, athlete support personnel or any other person covered by
this Act has committed an anti-doping rule violation, any person authorized
by the PHINADO, after securing the appropriate search warrant, and in the
presence of local police authorities, may:

i. enter and search any place, for the purpose of inspecting, examining,
and obtaining evidence of any anti-doping rule violation has been
committed or is being committed; and

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ii. seize any equipment, device, substance, record, register, document or
other material object, as evidence of such Anti-Doping Rule Violation
for purposes of prosecution or mitigation or prevention of any anti-
doping rule violation.

(c) Result management process. After receiving an adverse analytical finding
Teport from a WADA accredited laboratory showing presence of any
Prohibited substance or the use of any prohibited method in the sample of an
athlete, the PHINADO shall carry out initial examination of the report and
verify if TUE has been granted to such athlete in respect of such substance,
in addition to carrying out any other review required by the International
Standard for Results Management.

The PHINADO shall take such action in such manner specified by the
International Standard for Results Management following the initial review.

SEC. 26. Registered Testing Pool. - The PHINADO shall establish a
registered testing pool in accordance with the Code and the International Standard
for Testing and Investigations. The PHINADO 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 PHINADO shall notify the concerned athlete, in writing,
of the inclusion of his or her name in its registered testing pool, and shall also notify
the athlete in writing when they are removed from the registered testing pool.

SEC, 27. Data of Athletes and Maintenance of Database. - The PHINADO
shall collect, use and process the following personal data for the purposes of
implementing the objectives of this Act and in accordance with applicable data privacy
regulations:

(a) List of anti-doping rule violations committed by an athlete under this Act or

the Code and the details of such violation;

(b) Medical history of the athlete;

(c) Whereabouts information of the athlete; and

(d) Any other personal data as it may deem necessary.

The PHINADO may issue regulations to govern the procedure for collection,
usage, processing and disclosure of the personal data. It shall establish and
maintain a database to record all the sanctions imposed by the PHINADO, the
Disciplinary Committee, the Appeal Panel, and such other details of the sanctions, in
such manner, as may be prescribed by regulations.

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SEC. 28. Duties and Responsibilities of Athletes, Athlete Support
Personnel, NSAs, sports organizations, sports associations, and sports clubs.
- The athletes, athlete support personnel, NSAs sports organizations, sports
associations, and sports clubs shall:

(a) Respect PHINADO's TUEC’s, Disciplinary Committee and Appeal 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
PHINADO 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;

(©) Cooperate with the conduct of 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 PHINADO’s Registered Testing Pool
such as ensuring them to submit whereabouts filing in the Registered
Testing Pool;

(e) Report to PHINADO, and to ensure the appropriate enforcement of
sanctions, penalties and other consequences of, all potential anti-doping
tule 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; and
(g) Assist PHINADO in formulating rules, regulations, and policies to promote
anti-doping.

Lack of knowledge about anti-doping regulations and the substances and
methods, which have been included on the Prohibited List shall not be a justification
for non-compliance of any of the provisions provided for under this Act.

NSAs shall obey the provisions of this Act and PHINADO rules in case of
imposition of sanctions against athlete, athlete support personnel or other person
under the NSA’s jurisdiction. Non-execution of obligations stipulated herein by the
NSA shall be considered as a violation of this Act.

SEC. 29. Administrative Sanctions and Penalties. - Where any athlete has
been found to have committed any anti-doping rule violation as defined under
Section 15 of this Act, the consequences of such violation as provided in Section 16
hereof as well as the PHINADO Rules shall apply for the purpose of determining and
imposing the appropriate consequences: Provided, That athlete support personnel,

20


coaches, trainers, or any other person who connive, conspire, assist, aid, abet, or
cover-up any other type of complicity involving an anti-doping rule violation or any
attempted Anti-doping rule violation shall also be subject to administrative sanctions and
penalties under this Act and the PHINADO Rules.

Where a medical professional is found to be in complicity with Anti-doping
violations, the Disciplinary Committee shall endorse the violation to the Professional
Regulatory Commission, who shall also impose, depending on the gravity of the
violation, the penalty of suspension or revocation of professional license.

SEC. 30. Integration of Anti-Doping Policy into the Educational System. -
The PSC, the DepEd, the CHED, the National Academy of Sports, in coordination
with the PHINADO, 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. 31. Appropriations. - The amount necessary for the initial
implementation of this Act shall be charged against the current year’s appropriations
of the PSC. Thereafter, the funding of which shall be included in the annual General
Appropriations Act.

SEC. 32. Transitory Clause.- All property, assets, rights, liabilities,
obligations, agreements, conveyances, deeds, leases, licenses, permits,
exemptions, power of attorney, 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 PHI-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 PHINADO established under this Act
to the same extent as they were enforceable by or against the former PHI-NADO
before the commencement of this Act.

A person who, immediately before the commencement of this Act, was an
employee of former PHI-NADO shail, on the commencement of this Act, be
deemed to be an employee of the PHINADO established under this Act.

SEC. 33. Implementing Rules and Regulations. - The PHINADO shall, in
consultation with the PSC, DOH, GAB, NSAs, POC, CHED, DepEd, National
Academy of Sports, and Philippine Regulation Commission, not later than thirty (30)
days upon the effectivity of this Act, promulgate the necessary rules and regulations
for the effective implementation of this Act: Provided, That failure to promulgate the
rules and regulations shall not prevent the implementation of this Act upon its
effectivity.

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SEC. 34. Separability Clause. - If any part or provision of this Act is held
invalid or unconstitutional, the other provisions not affected thereby shall remain in
full force and effect.

SEC. 35. Repealing Clause. - All laws, executive orders, issuances, decrees,
tules, and regulations inconsistent with or contrary to the provisions of this Act are
deemed amended, modified, or repealed accordingly.

SEC. 36. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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