QuestionsQuestions (Republic Act No. 10676)
The short title is the “Student-Athletes Protection Act.” Its purpose is to protect and promote the rights of student-athletes (who are first and foremost students) by regulating residency requirements and prohibiting the commercialization of student-athletes to ensure they receive quality education and general well-being while honing amateur sports skills.
A student currently enrolled in a school, who is a member of any of the school’s athletic teams or programs, and who represents (or intends to represent) the school in inter-school athletic programs/competitions. The student-athlete must be enrolled in at least a minimum full-time curricular program and must be in good standing to be eligible.
Residency requirement shall not be imposed on a student-athlete who is a high school graduate enrolling in college or university.
A maximum of one (1) year residency may be imposed by an athletic association on a high school student-athlete who transfers from one member school to another, as a measure addressing piracy.
A maximum of one (1) year residency may be imposed by an athletic association before the student-athlete can participate and represent a school in any athletic competition.
Yes. The residency rules mentioned for high school transfers (Sec. 4[a] and [b]) likewise apply to a Filipino student-athlete from other countries enrolling in a school in the Philippines.
Prohibited acts include: (1) filing an administrative charge for possible violation of school rules and regulations; (2) requiring payment of tuition and other miscellaneous fees covered by the scholarship including cash equivalent of non-monetary benefits received; (3) refusing to issue or delaying release of grades, school records, clearance, or transfer eligibility; (4) giving incomplete grades in subjects where the student-athlete is exempted as a student-athlete; and (5) imposing other forms of punishment.
Schools may grant those listed in Sec. 5, including tuition and miscellaneous school fees (books/learning materials), full board and lodging, school/athletic uniforms and supplies/equipment, reasonable regular monthly living allowance standardized by the athletic association, medical examinations/consultations and emergency and life/medical insurance and similar benefits, and other reasonable and similar benefits enhancing academic and athletic performance.
Schools shall not offer student-athletes (or immediate family members) benefits or incentives beyond those enumerated in Sec. 5 that are contrary to the nature of amateur sports and may result in commercialization.
The Department of Education (DepED) for basic education institutions and the Commission on Higher Education (CHED) for higher education institutions are authorized to regulate and oversee school athletic associations, ensure student-athlete rights are protected, and handle complaints.
A written complaint may be filed by the student-athlete, his/her parents or guardians, member schools or their alumni, or any person/entity in behalf of a student-athlete or a school which may be affected by the violation.
School officials, athletic directors, coaches, members of the coaching staff, administrators, alumni, or representatives are liable for violations. Athletic associations or schools are also liable for knowingly permitting or failing to prevent violations, without prejudice to direct liability of the individuals mentioned.
Athletic associations may investigate violations motu proprio or upon written complaint, and may impose appropriate penalties such as suspending or banning the student-athlete from playing and/or the school from participating in their respective leagues. If the respondent is the athletic association or there is reason to believe it will not act, a complaint may be filed directly with DepED or CHED.
An appeal may be filed within fifteen (15) days upon receipt of the decision with DepED or CHED.
Within thirty (30) days from filing the complaint, if there is no action, the student-athlete or representative may directly file a written complaint with DepED or CHED.
For erring schools: suspension from participating in athletic organization/s and/or a fine from PHP 100,000 to PHP 1,000,000 depending on gravity. For erring athletic associations: a fine from PHP 100,000 to PHP 1,000,000 depending on gravity.
Yes. The law states that nothing prevents persons mentioned from filing for 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. It also clarifies that availing remedies under the Act does not preclude recourse to courts.
They must promulgate the IRR within ninety (90) days from approval of the Act, in consultation with the Philippine Sports Commission (PSC). The IRR take effect thirty (30) days after publication in two (2) national newspapers of general circulation.