Repub he of ih~ Phlhpplnes CONGRESS OF THE PHILIPPINES

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~ Ill, :=-i 11'L"\c

SD,'TEF.?\l"H CONGRESS Second Regular S'ssion

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CONFERENCE COMMlITEE REPORT

The Conference Commiuec on the disagreeing provisions of Senate 8i11 No. 2226, en tiUed:

{tAN ACT PROTECTING THE AMATEUR NATURE Of STUOENT-ATHlTES tN THE PHIUPPINES BY REG ULATING TH E R~SI DENCY REQUIREM ENT AND PROHISmNG THE COMMERCIALIZATION OF STUDENT-ATHlflESH

and House Oil I No. 5115, entilled:

"AN ACT PROTECTING THE AMATEUR NATURE Of STUDENT-ATHLETES IN THE PHIUPPINES BY

REGUlATING TH ERESIDENCY REQU IREM ENT AND PROHI BITING THE COMMERCIALIZATION OF STUDENT-ATHLETES"

ilfter h.avjng met and d ~scu.ssed the subject mi;ltter in ru II .3 nd free conferencE', h.... agreed .

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SIXTE ENTH CONGRESS OF THE REPUBUC} .; S .l~ 0 P:46OF THE PH~L1PPIN ES )

Second Regular Session }

i' In, ---t}JOINT EXPlANATION OF THE CONFERENCE COMMITIEE ON THE OISAGREE'NG

PROVISIONS OF SENATE Bn.t NO. 1226 AND HOUSE BILL NO. 5115.

The Conference Cornmittl:!e on the di~..greejng provisions. of Senate Bill No. 2226 and House 8i11 No. 5115,

No school, or its representative, shalf be authorized to perform the following acts on a student-athlete on the sole reason of llislher transfer to another school:

(1) File an administrative c}18rge for possible violation of sC}lOol rules and regulations;

(2) Require (he paymenl of tuition and other miscellaneous fees covered by the scholarship granted, including monies given and fhe cash equivalent of non-monetary benefits received;

(3) Refuse '0 issue or delay the release of grades and school records, Cl$8r8nCe, or transfer eligibjfjJy;

(4) Gjve incomplete grades in subjects in which the studentathJere is exempted by virtue of being a student-athlete; and

(5) Impose oiller ronns of punishment. n

5. On Benefits and Incentives. Sectlon 5, the word "glve" on the first paragraph was replaced with the word "grant". on subparagraph (a) after the word "tuition" the comm.3 was deleted and the word "and" added and after the word "fees" the word "including" was added, Or) subparagraph (b) the word "full" was added before the word "board", subpar~gr

a) Who May File. - For purposes of Ihis Act, a written complaint may be filed by a Student-Athlete, hislher parents or guardians, member schools or their alumni, or any person or any entity in behalf of a Siudent-AUllete who, or a school which, may be affecled by any violation of this Act.

b) Who are Liable. School offif;;als, athletic direclo~, coaches, members of the coaching staff, administrators, alumni, or represen(eUves sllsll be liable for any violation of this act. Athletic associations or schools shall Jikewise be liable for knowingly permitting or failing (0 prevent such viofations, WitJlOU( prejudice to any direct liability by /lje aforementioned ;ndividuals.

cJ tnvestigation. - Athletic associations may, molu proprio or upon written complaint, investigate vio/alions of this act and impose the appropriate penaWes, such as suspending or banning the student-athlete from playing and/or the school from particip8ting in their respeclive leagues: Provided, That if the respondent is the athlelic association, or if there is reason to believe that the atJl/elic association wili not act upon Ole complaint, a written complain may be filed directly with the DepEd or CHED,

d) Appeal, - Within fifteen (15) days upon receipt of the decision of the nth/eric association, an appeal may be filed with DepEd or CHED.

e) Inaction or inJlibilion. . Within thirty (30) days from nJing of the complain', tJlere being no action from the athletic associaiion, fhe student-athlete or h;s representative may directly file a written complaint with the DepEd or CHED.

f) Sanctions and penalties. - Upon notice and hearing, the DepEd or CHED, may impose the appropriate penalties under relevant (aws, rules or regulations, including:

(1) 0" erring schools: Any violation of (he prOVISIons of th;s Act shall be punishable by 5uspens;on from paft;cipating in tile aiJlfetic organizalionls and/or a fine ranging from P100,OOO 10 P1,OOO,OOO depending on the gravny of the offense; and

(2) On emng athletic associations: Any violation of the provisions of this Act shall be punishable by a fine ranging from P100,OOO to P1,OOO,OOO depending on the gravity of tile offense.

The availmen( of remedies under this Act will not prec{ude the complainant from seeking further recourse from the courts of law.

g) Nothing in this Seclion, shari prevent any of the persons mentioned herein from filing a temporafY 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. "

8. Section 8 was renumbered to Section 9 (Implementing Rufes (Ind Regulations} which shall read:

USEe. 9. Implementing Rules and Regulations. - W;thin ninety (90) days from me approval of 'his Act, fhe DepEd and CHED, in consultation Willl PSG, sJlaU promufgale the rules and regufaUons implementing the provisions of th;s Act. The implementing rules and regulalions issued pursuant to this section shall take effect

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thirty (30) days after its publication m two (2) national newspapers of general c;rcuration, ~

9. Seerior"! 9 was rcnum bered to SEClion 10 (ImpJf' m~Ming Agendc~), wh ich shall re.3d:

"SEC. 10. Implementing Agencies. - The DepEd and CHED shall < ~

implement the provisions of this Act."

m Section 10 was renumb..ed to See'ion 11 (Separability Clausello read: '\

uSEe. 11. Separability Clause. - It any provision of lhis Act is declared unconstitutiona( the remainder o{ this Act O( any provisions not affected thereby shall remain if) full force and effect."

11, Section 12 was. rc numbered to Section 13 (I nd was rnodifled to (earl.

lISEe. 13. Effectivity. - This Act shafl take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulatiDn"

for the title. the Serlare and House versions have the same title, thus the final titlp- reads as fQtlo\'J~:

"AN ACT PROTECTING THE AMATEUR NATURE OF STUDENTATHLETES IN THE PHIUPPINES BY REGULATING THE RESIOENCY REQUIREMENT AND PROHlBfTlNG THE COMMERCJALIZATION Of STUDENT-ATHLETES"

j n case of conflict between the stale ments I amendme nts stated in this JOint Expf,3n3lion Slal~rnent and that ot the provisions of the consolidated bill in the accompanying Conference Comm itt~e Repol1, the provisions of the 1(1 kter shall prev.a it

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. DEL ROSARLO PIA S. CAYETANO Cho irperson

S~nate Panel

JUAN E~;~i: ;;NN''F''''fUI'"''-AN V. I. ' ,e rWIrper50n 5en.ate Pa nel

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L{) 'if r " :., r ~ p'" r ~ S~XTEENTH CONGRESS OF THE } REPUBLIC OF THE PHILIPPINES } Second Regular Session } i

REPUBLIC ACT NO. _ .. -I 1-.1-:1 __~~

AN ACT PROTECTING THE AMATEUR NATURE OF STUDENTATHLETES IN THE PHILIPPINES BY REGULATING THE RESIDENCY REQUIREMENT AND

PROH'SITING THE COMMERCIALIZATION OF STUDENT-ATHLETES

Be it snacted by the Senate and House or Representatives of the Philippines inCongress Assembled:

SECTION 1. Short Title. - ThfS Act shall be known as the"Studenl-Athletes Protection Act 1I

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SEC. 2. Declaration of Policy. - Article XIV, Section 1 of the 1987 Constitution recogniz.es the role or the Slate to protect and promote the right of all the J

3 crtizens to quality education at all levels. and to take appropriate steps to make such 4 educalion accessible to aiL Further, Section 19 (1) or lhe same Article provides that the~ 5 6

State shall promote physical education, sports programs and competrtions alongside training for international competitions to foster selr-disdp~ine, teamwork and excellence .J'

7 for the attainment of a healthy and alert citizenry. Thus, the State shaU recognize and 3 uphold the rights of Student-Athletes to further hone their skills and abilities in their 9 respective fields of amateur sports without neglecting their education and general well

10 being.

11 It is the intention of this law to protect and promote the rights of the Student12 Athlete, who is, first and foremost. a student. To this end, the rights guaranteed by this 13 taw and the obligations imposed on schools and athletic assodations and their officials, ~ 14 athletrc directors, coaches, members of the coaching staff, administrators, alumni, and 15 representalives shall seek to ensure that the Student-Athlete attains quality educatron 16 while honing hislher sl

1 (b) "School" refers to an instrtulion recognized by lhe State which undertakes .2 educational operations such as grade school, high schoo', college, 3 university. or technicalvocational education and training inslitution:

4 (c) Student-athlete refers to a student currently enrolled in any school who is 5 a member of any of the school's athletic teams or programs and who 6 represents or has intentions of representing the scl100l in an inter&school 7 athletic program or competition. The studentathlete must be enrolled in at 8 least a minimum fulHime curricular program and must be in good slanding 9 to be ellgibte to represent the school in an inter&school athletlc program or 10 competition,

11 SEC. 4. Residency of Student-Athletes. - Without prejudice to the 12 respective rules of atl1letic associations on student-athletes who are foreign imports. the 13 following rules on residency shaU be appUed:

14 a} Residency requirement shall not be imposed on a student-athlete who is a 15 high school graduate enrolling ~n a coHege or university:

16 b) Residency requirement shall likewise not be imposed on a high school ~ 17 student&athlete transferring from one high school to another high school, 18 provided, that, to address the issue of piracy, a maximum of one (1) year r-.......:19 residency may be imposed by an athletic association on a high school \...'--' ~ 20 student-athlete who transfers from one member school to another; ~

21 c} In the case of a tertiary student-alhlete transrerring from one college or 22 university to another, a maximum of one (1) year residency may be 23 ~mposed by an athletic association before a student-athlete could 24 participate and represent a school in any athletic competition; and

25 d) The residency rules mentioned in paragraphs(a) and (b)or this section 26 shall likewise apply to a Filipino studentsthlete from other countries n enrolllng in a school in the Philippines,

28 No school, or its representative, shall be authorized to perform lha 29 following acts on a stUdent-athlete on the sole reason of his/her transfer to 30 another school :

31 (1) File an administrative charge for possible violation of school rules 3l and regulations;

33 (2) Require lhe payment of tUition and other miscella neous rees 34 covered by the scholarship granted, including monies given and the 35 cash equivaIentor non-m0 nata ry benems rece ived;

36 (3) Refuse to issue or delay the release of grades and school records. 37 clearance, or transfer ellgibHity:

38 (4) Give incomplete grades in subjects in which the student-athlete is 39 exempted by virtue of being a student-athlete: and

40 (5) Impose other forms of punishment.

41 SEC. 5. Benefits and Incentives.- Schools may grant a deserving studenl y 42 ath!ete the following benefits and incentives:

510

15

20

25

30

35

40

1 a) Tuition and miscellaneous school fees including books and other learnlng 2 materials;

3 b) Full board and lodging;

4 c) School and athletic uniforms including supplies, equipment a,ld paraphernalia;

G d) A reasonable regular monthly liVing allowance, the amounl of which shall 7 be set and standardized by tt1e athletic association to WhlCh 1he school 1S 8 affiliate

1 d) Appeal. - Within fifteen (15) days upon receipl of the decision of the athlellc 2 association, an C1ppeal may be filed with DepEd or CHED.

3 e) Inaction or inhibition. - Wilhin thirty (30) days from filing of the complaint there 4 being no adon from the alhtetic associaHon, the studenlathlete or his 5 representative may directly file a written complaint with the DepEd or CHED.

G f) Sanctions and penalties. - Upon notice and hearing, the DepEd or CHED, may 7 impose the appropriale penalties under relevant laws, rules or regulations, 8 including:

9 (1) On erring schools; 10 Any violation of the provisions of this Act shall be punishable by 11 suspension from pa rticipating in 11le athletlc organization/s and/or a fine 12 ranging from P100,000 to P1,000,000 depending on the gravity of the 13 offense~and

14 (2) On erring athletic associations: 15 Any vio'aHon of the pro\lisions of Ulis Act shall be punishable by a fine 16 ranging from P100,OOO lo P1,000,000 depending on the gravity of the 17 offense.

18 The avaitment of remedies under this Acl will not preclude the complainant from 19 seeking further recourse from Ine courts of law,

20 g) Nothing in this Section, shall prevent any of the persons mentioned herein rrom 21 filing for a temporary restraining order or any other injunctive relief in court if 2l there lS no olher plain, speedy, and adeQuate remedy in lhe ordinary course or 23 law.

24 SEC.9. Implementing Rules and Regulations. Within ninety (90) days 2S from the approval of this Act, the OepEd and CHED, in consultation w~th PSC, shall 26 promulgate the ru~es and regulations implementing the provisions of this Act The 27 implementing rules and regulationsissued pursuant ta lhis section shall take effect thirty 2~ (30) days after its publication In lYJo (2) national newspapers of genera\ circulahon.

29 SEC. 10. ImpJementing Agencies. The DepEd and CHED shaH 30 implement the provisions of lhis Act. '

31 SEC. 11. Separability Clause. - ~f any provIsion of lhis Acl ls. declared 32 unconstilutional, the remainder of this Act or any provisions not affected thereby shall 33 remain in full force and effect.

34 SEC. 12. Repealing Clause. - Any law, presidenlial decree or issuance, 3S executive order, leUer of instruction, administralive order, rule or regulation contrary to 36 or inconsistent witt1 the provisions of this Act is hereby repealed, modified, or amended 37 accordingly.

3& SEC. 13. Effectivity. - This Act shall take eHect fifteen (15) days after its 39 publication in the Official Gazette or in a newspaper of general Circulation.

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