R.A. 3135

REPUBLIC ACT No. 3135

AN ACT REVISING ACT NUMBERED THIRTY-TWO HUNDRED SIXTY-TWO, OTHERWISE KNOWN AS THE CHARTER OF THE PHILIPPINE AMATEUR ATHLETIC FEDERATION.

Section 1. Short title. This Act shall be known as the Revised Charter of the Philippine Amateur Athletic Federation.

Section 2. Original Creation and membership of the Philippine Amateur Athletic Federation. Manuel L. Quezon, Camilo Osias, Alejandro Albert, H. A. Bordner, R. S. Fitz, Kenneth Rowntree, Regino R. Ylanan, Jorge R. Varga, E. S. Turner, V. Buencamino, C. J. Bott, Joaquin Alviar, Fred O. England, C. Preysler, Gabriel Ubago Geo, R. Summers, Martin Eiguren, Damaso Garcia Bosque, J. A. Murphy, W. N. Bartholomew, Silvestre Torres, Theo S. Hall, C. John, R. R. Garcia, P. Dulay, H. L. Noble, J. Truitt Maxwell, Vicente Wenceslao, Adam C. Dorkum, and their successors in interest and the National Sports' Associations hereinafter provided are hereby created a body corporate and public in the Philippines, to be known as the "Philippine Amateur Athletic Federation" with such corporate powers as may be necessary to carry out the purposes of the Act.

Section 3. Purposes of the Corporation. The purposes of this corporation are: (a) to encourage physical education and fitness; (b) to promote and improve athletic sports among amateurs; (c) to establish and maintain a uniform test of amateur standing and uniform rules for the government of all athletic sports; (d) to develop the spirit of sportsmanship and fair play; and (e) to encourage and promote the establishment of sports centers, public playgrounds and recreational facilities.

Section 4. Board of Governors; Composition. The Philippine Amateur Athletic Federation shall have a Board of Governors to be composed of all surviving incorporators and three representatives from each National Sports' Association recognized by the Philippine Amateur Athletic Federation: Provided, however, That no representative of any National Sports' Association shall represent more than one association in the Board.

Section 5. Functions, powers and duties of the Board. The Board of governors shall have the following functions, powers and duties:

Section 6. Meeting, quorum of the Board. The board of governors shall have an annual general meeting at such time and place as may be provided by its constitution and by laws. Special meetings may be called by the President either at his own initiative or upon the request of one-third of the members of the board.

At all meetings of the board, the presence of a majority of the members thereof shall constitute a quorum for the valid transaction of business. Each member of the Board shall be entitled to only one vote and no vote by proxy shall be allowed.

Section 7. Officers of the Corporations. The Philippine Amateur Athletic Federation shall have a President, a first and a second Vice-President, and an executive secretary-treasurer. The officers shall be elected by the Board from among its members with the exception of the President and the exclusive secretary-treasurer who may or may not be members of the board: Provided, however, That the President and the executive secretary-treasurer must be persons who are known for their dedication to sports in general.

The President and Vice-Presidents shall serve for a term of two years and the executive secretary-treasurer for a term of four years beginning on the first day of the month following their election and until their successors shall have been elected and qualified: Provided, however, That no officer's position shall be deemed vacated if he ceases to be the representative of his association in the board and such vacancy may be filled for the unexpired term by special election at a meeting of the board called for that purpose.

Section 8. Executive committee. There shall be an executive committee which shall be composed of the President, the two Vice-Presidents, and the executive secretary-treasurer of the federation, one representative from each National Sports' Association to be appointed by each association from among its representatives in the Board of Governors, and three members-at-large to be selected by the executive committee, one from the Senate, one from the House of Representatives and one from the Office of the President. The executive committee may at its discretion select two additional members-at-large from the general public.

The National Sports' Association to which the President of the Federation belongs shall appoint another representative to represent it in the executive committee.

Section 9. Powers, functions and duties of executive committee. The executive committee shall have the following powers, functions and duties:

Section 10. Formation of Board of Governors and Executive Committee. The Board of Governors and Executive Committee hereinbefore provided shall be formed and organized for the effective discharge of their functions herein as soon as nine National Sports' Associations shall have been fully organized and operating and shall assume their rights and duties hereunder.

Section 11. National Sports' Association; organization and recognition. A National Association shall be organized for each individual sports in the Philippines in the manner hereinafter provided to constitute the Philippine Amateur Athletic Federation.

Applications for recognition as a National Sports' Association shall be filed with the executive committee together with, among others, a copy of the constitution and by-laws and a list of the members of the proposed association, and a filing fee of ten pesos.

The Executive Committee shall give the recognition applied for if it is satisfied that said association will promote the purposes of this Act and particularly section three hereof. No application shall be held pending for more than three months after the filing thereof without any action having been taken thereon by the executive committee. Should the application be rejected, the reasons for such rejection shall be clearly stated in a written communication to the applicant. Failure to specify the reasons for the rejection shall not affect the application which shall be considered as unacted upon: Provided, however, That until the executive committee herein provided shall have been formed, applications for recognition shall be passed upon by the duly elected members of the present executive committee of the Philippine Amateur Athletic Federation. The said executive committee shall be dissolved upon the organization of the executive committee herein provided: Provided, further, That the functioning executive committee is charged with the responsibility of seeing to it that the National Sports' Associations are formed and organized within six months from and after the passage of this Act.

Section 12. Nature of Associations. The National Sports' Associations formed herein shall be autonomous in character and shall have exclusive control over the development and promotion of the particular sports for which they are organized.

Section 13. Membership. Each National Sports' Association shall, by its constitution and by-laws, determine its organization and membership: Provided, however, That no team, school, club, organization, or entity shall be admitted as a voting member of an association unless 60% of the athletes composing said team, school, club, organization, or entity are Filipino citizens.

Section 14. Functions, powers and duties of Associations. The National Sports' Association shall have the following functions, powers and duties:

Section 15. Restriction on holding of office. No person shall be eligible for election as president or as the head of more than one National Sports' Association.

Section 16. Formation of National Olympic Committee. The National Olympic Committee shall be composed of the members of the executive committee whose sports are included in the Olympic program, the three members representing the Senate, the House of Representatives and the Office of the President, and the representative of the International Olympic Committee. This committee shall function in accordance with the rules of the International Olympic Committee.

Section 17. Business location. The Philippine Amateur Athletic Federation and all National Sports' Association organized hereunder shall have their principal place of business either in Manila or Quezon City.

Section 18. Properties and funds of the Philippine Amateur Athletic Federation. The properties and funds of the Federation shall be of two kinds, namely, common and particular.

Common funds and properties are such monies and real or personal properties that belong to the Philippine Amateur Athletic Federation for general use by the members thereof.

Common properties of the federation comprise the Rizal Memorial Stadia and such other real and personal properties owned and operated by the Philippine Amateur Athletic Federation created under Act Numbered Thirty-two hundred sixty-two, and those which the federation may acquire hereafter. Common funds of the federation comprise the following:

Particular properties and funds are those revised or acquired by the National Sports' Associations for their exclusive use and the ownership and control of which shall remain with them. Should any association be subsequently dissolved or ceased to exist its properties and funds shall be held in trust by the federation and may be utilized as in the case of common properties and funds until such time as they shall again be needed by the successor of the dissolved or defunct association.

Particular properties of National Sports' Associations shall comprise such real and personal properties as shall be owned by them by purchase, donations, bequests, or otherwise.

Particular funds of National Sports' Association shall comprise the following:

Section 19. Presidential Land Grant. The provisions of any existing law to the contrary notwithstanding, the President, upon the recommendation of the Secretary of Agriculture and Natural Resources may, by donation, sale, lease or otherwise, grant to the Philippine Amateur Athletic Federation portions of the land of the public domain as may be necessary to carry out the purposes of this Act.

Section 20. Expenditures of funds and uses of properties. Common funds of the federation shall be expended for any or all of the following purposes:

Particular funds of the National Sports' Associations shall be expended for the accomplishment of their respective purposes.

Section 21. Use of facilities. Subject to regulations of the federation, its playgrounds and stadia shall be available for the use of the association and their members in preference to all others and, for such use, they shall be charged a rental to be determined by the executive committee.

Section 22. Exemption of income and properties from taxes. Any laws to the contrary notwithstanding, all income, properties, and importation of sports equipment and materials by the Philippine Amateur Athletic Federation and the members shall be exempt from amusement, real property, specific taxes and all other taxes and duties: Provided, however, That the sports equipment and material imported herein shall be for the exclusive use of the federation, the associations and their athlete members and are not to be disposed of for commercial purposes or for profit.

Section 23. Effect of non-membership in the federation. From and after the date of the approval of this Act, no individual athlete, team, club, or organization engaged in sports activities who is not a member of an association as formed hereunder shall be allowed to participate in the national open championships and represent the Philippines in any competition at home or abroad or to enjoy the privileges hereunder.

Section 24. Penal Clause. A penalty of not exceeding one year imprisonment or a fine of not more than one thousand pesos or both at the discretion of the court shall be imposed upon any person who:

Section 25. Appropriation for the formation of National Sports' Associations. There shall be appropriated from thousands of the National Treasury not otherwise appropriated the sum of One hundred thousand pesos for the purpose of defraying the expenses in the formation of National Sports' Associations as provided herein.

Section 26. Repealing clause. Act Numbered Three thousand two hundred and sixty-two and all other Acts, Executive orders, rules and regulations or parts thereof inconsistent herewith are hereby repealed.

Section 27. Separability clause. In the event any provision of this Act or the application of such provision to any person or circumstance is declared unconstitutional, the remainder of this Act or the application of said provision to other persons or circumstances shall not be affected thereby.

Section 28. This Act shall take effect upon its approval.

Approved: June 17, 1961