AN ACT PROTECTING THE AMATEUR NATURE OF STUDENT-ATHLETES IN THE PHILIPPINES BY REGULATING THE RESIDENCY REQUIREMENT AND PROHIBITING THE COMMERCIALIZATION OF STUDENT-ATHLETES

Sixteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand fourteen.

REPUBLIC ACT NO. 10676

AN ACT PROTECTING THE AMATEUR NATURE OF STUDENT-ATHLETES IN THE PHILIPPINES BY REGULATING THE RESIDENCY REQUIREMENT AND PROHIBITING THE COMMERCIALIZATION OF STUDENT-ATHLETES

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 "Student-Athletes Protection Act".

Section 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 the 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 Act to protect and promote the rights of the student-athlete, who is, first and foremost, a student. To this end, the rights guaranteed by this Act 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/her skill and reaching his/her full potential as an athlete in an amateur sports setting.

Section 3. Definition of Terms. – As used in this Act, the following terms shall be defined as follows:

Section 4. Residency of Student-Athletes. – Without prejudice to the respective rules of athletic associations on student-athletes who are foreign imports, the following rules on residency shall be applied:

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

Section 5. Benefits and Incentives. – Schools may grant a deserving student-athlete the following benefits and incentives:

Section 6. Commercialization of Student-Athletes – Schools shall not offer a student-athlete or the immediate family members benefits or incentives beyond those enumerated under Section 5 of this Act which are contrary to the nature of amateur sports and which may result in the commercialization of a student-athlete.

Section 7. Authority of the Department of Education (DepED) and the Commission on Higher Education (CHED). – The DepED in furtherance to its mandate to supervise all basic education institutions, and the CHED with its mandate to supervise higher education institutions, are hereby further authorized to regulate and oversee school athletic associations, and are tasked to ensure that the rights of student-athletes are respected and protected. They are likewise authorized to handle complaints against the school athletic associations, and schools. They may consult the Philippine Sports Commission (PSC) for technical expertise, as may be needed.

Section 8. Prosecution of Action. –

Section 9. Implementing Rules and Regulations. – Within ninety (90) days from the approval of this Act, the DepED and the CHED, in consultation with the PSC, shall promulgate the rules and regulations implementing the provisions of this Act. The implementing rules and regulations issued pursuant to this section shall take effect thirty (30) days after its publication in two (2) national newspapers of general circulation.

Section 10. Implementing Agencies. – The DepED and the CHED shall implement the provisions of this Act.

Section 11. Separability Clause. – If any provision of this Act is declared unconstitutional the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

Section 12. 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.

Section 13. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 2226 and House Bill No. 5115 was finally passed by the Senate and the House of Representatives on June 10, 2015.

Approved: AUG 26 2015

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines