Revised Charter of Philippine Amateur Athletic Federation

Creation, corporate nature, and membership

Section 2 creates a body corporate and politic in the Philippines known as the “Philippine Amateur Athletic Federation.”
Section 2 vests in the federation the corporate powers necessary to carry out the purposes of the Act.
Section 2 includes named incorporators and their successors in interest and the National Sports’ Associations “hereinafter provided,” as part of the federation’s formation.

Purpose and policy objectives

Section 3 directs the federation to encourage physical education and fitness.
Section 3 requires the federation to promote and improve athletic sports among amateurs.
Section 3 authorizes the federation to establish and maintain a uniform test of amateur standing and uniform rules for amateur sports.
Section 3 requires the federation to develop the spirit of sportsmanship and fair play.
Section 3 requires the federation to encourage and promote establishment of sports centers, public playgrounds, and recreational facilities.

Board of Governors governance structure

Section 4 establishes a Board of Governors composed of all surviving incorporators and three representatives from each National Sports’ Association recognized by the federation.
Section 4 prohibits any representative from representing more than one association in the Board.
Section 5 empowers the Board to adopt a constitution and by-laws.
Section 5 requires the Board to adopt uniform rules to determine and govern amateur athletes and sports in the Philippines.
Section 5 empowers the Board to adopt rules and regulations, consistent with administrative due process, to govern procedures for National Sports’ Associations and the executive committee in hearing and deciding cases at first instance or on appeal.
Section 5 authorizes the Board to suspend a member-association for cause by a two-thirds vote and to withdraw recognition by a three-fourths vote; reinstatement must be done in the same manner.
Section 5 authorizes the Board to authorize the executive committee to negotiate and conclude transactions for acquisition, disposition, and encumbrance of real or personal property and to raise funds.

Board meetings, quorum, and voting

Section 6 requires an annual general meeting at a time and place fixed by the federation’s constitution and by-laws.
Section 6 allows special meetings to be called by the President on initiative or upon request of one-third of Board members.
Section 6 sets quorum as the presence of a majority of Board members for valid transaction of business.
Section 6 grants each Board member one vote only.
Section 6 prohibits voting by proxy.

Officers and executive committee powers

Section 7 requires the federation to have a President, first Vice-President, second Vice-President, and an executive secretary-treasurer.
Section 7 provides that officers are elected by the Board from among its members, except that the President and executive secretary-treasurer may or may not be members.
Section 7 requires that the President and the executive secretary-treasurer must be persons dedicated to sports in general.
Section 7 fixes the terms: the President and Vice-Presidents serve for two years, and the executive secretary-treasurer serves for four years, beginning on the first day of the month following election, until successors are elected and qualified.
Section 7 deems an officer’s position vacated if he ceases to be the representative of his association in the Board, with the vacancy filled for the unexpired term by special election at a Board meeting called for that purpose.
Section 8 creates an executive committee composed of the President, two Vice-Presidents, and executive secretary-treasurer, plus one representative from each National Sports’ Association appointed by that association from among Board representatives, plus three members-at-large selected from one from the Senate, one from the House of Representatives, and one from the Office of the President.
Section 8 allows the executive committee at its discretion to select two additional members-at-large from the general public.
Section 8 requires the National Sports’ Association to which the federation’s President belongs to appoint another representative to represent it in the executive committee.

Executive committee functions and Olympic insignia rights

Section 9 requires the executive committee to implement policies and decisions set by the Board of Governors.
Section 9 requires the executive committee to prepare an annual budget and submit it for Board approval at the annual meeting.
Section 9 charges the executive committee to coordinate and harmonize the activities of all National Sports’ Associations.
Section 9 directs the executive committee to administer the federation’s common properties and stadia and assist maintenance of existing athletic facilities in regional sports centers, subject to conditions it may impose.
Section 9 empowers the executive committee to adopt rules and regulations necessary to discharge its functions consistent with the Act.
Section 9(6) grants the federation the exclusive right to use and enforce exclusive use of the word “The Olympic”, the Olympic shield, Olympic insignia, and other Philippine Sports’ insignia it or the National Sports’ Associations may design and prescribe for Filipino athletes.
Section 9(6) restricts the use of those Olympic and Philippine Sports insignia to activities and publicity connected with the Olympic games and the federation’s purposes, powers, and procedures.
Section 9(7) authorizes the executive committee to decide all appeals regarding controversies on the amateur status of athletes and teams and controversies between federation members and between associations and their members.
Section 9(8) requires the executive committee to encourage and promote establishment of sports centers, public playgrounds, and recreational facilities.
Section 10 requires the Board of Governors and executive committee to be formed and organized for effective discharge of functions as soon as nine National Sports’ Associations are fully organized and operating and assume their rights and duties.

National Sports’ Associations organization and recognition

Section 11 requires each sport in the Philippines to have a National Association organized to constitute the Philippine Amateur Athletic Federation.
Section 11 requires applications for recognition filed with the executive committee, including a copy of the constitution and by-laws and a list of the proposed association’s members.
Section 11 requires a filing fee of ten pesos for recognition applications.
Section 11 requires the executive committee to grant recognition if satisfied the association will promote the Act’s purposes, particularly Section 3.
Section 11 sets a decision time rule: no application shall be held pending for more than three months after filing without executive committee action.
Section 11 requires that if an application is rejected, the reasons must be stated in a written communication to the applicant.
Section 11 provides that failure to specify rejection reasons does not affect the application’s status; the application remains considered unacted upon.
Section 11 provides a transitional rule: until the executive committee provided by Section 8 is formed, recognition applications are passed upon by the duly elected members of the present executive committee of the Philippine Amateur Athletic Federation, and that functioning executive committee must ensure National Sports’ Associations are formed and organized within six months from passage of the Act.

Association autonomy, membership rules, and restrictions

Section 12 provides that National Sports’ Associations are autonomous and have exclusive control over development and promotion of their particular sport.
Section 13 requires each association to determine its organization and membership through its constitution and by-laws.
Section 13 prohibits admission as a voting member of any team, school, club, organization, or entity unless 60% of the athletes composing it are Filipino citizens.
Section 15 prohibits any person from being eligible for election as president of more than one National Sports’ Association or as head of more than one National Sports’ Association.

Association powers, competition limits, and amateur governance

Section 14 requires each National Sports’ Association to adopt a constitution and by-laws for internal organization and government.
Section 14 empowers associations to raise funds through donations, benefits, and other means for their purposes.
Section 14 empowers associations to purchase, sell, lease, or otherwise encumber real and personal property for the accomplishment of their purposes.
Section 14 empowers associations to affiliate with international or regional sports associations after due consultation with the executive committee.
Section 14 authorizes associations to conduct local, interport, and international competitions other than the Olympic and Asian Games that they deem necessary for promotion of the sport.
Section 14 requires associations to render an annual report to the executive committee regarding finances and activities, submitted at least thirty days before the annual meeting of the Board of Governors.
Section 14 authorizes associations to appoint their representatives to the Board of Governors and the executive committee.
Section 14 requires associations to decide, subject to appeal to the executive committee, all questions on the amateur status and discipline of athletes connected with the associations and all disputes between their members.
Section 14 empowers associations to adopt training programs for athlete development and preparation for international competitions and to defray expenses for those programs.
Section 14 requires associations, when selecting athletes, coaches, and other officials for national teams, to consider both athletic abilities and moral character.
Section 14 requires associations to keep accurate records of all official marks attained and all competition results, recognize and ratify them, and furnish copies to the executive committee.
Section 14 requires associations to qualify and license referees and umpires and other game officials who officiate in competitions in their respective sports.

National Olympic Committee composition and function rule

Section 16 establishes a National Olympic Committee composed of: members of the executive committee whose sports are included in the Olympic program, the three members representing the Senate, House of Representatives, and the Office of the President, and the representative of the International Olympic Committee.
Section 16 requires the National Olympic Committee to function in accordance with the rules of the International Olympic Committee.

Federation and association principal business locations

Section 17 requires the Philippine Amateur Athletic Federation and all National Sports’ Associations to have their principal place of business in Manila or Quezon City.

Federation properties, funds, and fund classification

Section 18 categorizes federation properties and funds as common and particular.
Section 18 defines common funds and properties as those belonging to the federation for general use by its members.
Section 18 defines common properties to include Rizal Memorial Stadia, other real and personal properties owned and operated by the federation created under Act Numbered Thirty-two hundred sixty-two, and properties the federation acquires later.
Section 18 defines common funds to include:
- (a) the net receipts from Philippine Charity Sweepstakes races, with entitlement to receipts of three sweepstakes races a year, notwithstanding any law to the contrary;
- (b) donations, bequests and devises, and receipts from benefit games and other benefits conducted by the federation;
- (c) annual dues from National Sports’ Associations;
- (d) income realized from federation real and personal properties;
- (e) receipts from any other funds; and
- (f) stocks, bonds, monies, and other credit forms owned under Act Numbered Thirty-two hundred sixty-two and those the federation later acquires.
Section 18 defines particular properties and funds as those received or acquired by National Sports’ Associations for exclusive use and whose ownership and control remain with them.
Section 18 requires that if an association is dissolved or ceases to exist, its properties and funds are held in trust by the federation and may be utilized like common properties and funds until needed by the successor of the dissolved or defunct association.
Section 18 defines particular properties as real and personal properties owned by associations by purchase, donations, bequests, or otherwise.
Section 18 defines particular funds to include:
- (a) monies raised through donations and benefit-game receipts and officially conducted competitions; and
- (b) annual dues from members, where each association determines dues paid to itself, while the federation determines the association’s dues paid to the federation by considering the association’s paying capacity.

Presidential land grant authority

Section 19 authorizes the President, upon recommendation of the Secretary of Agriculture and Natural Resources, to grant portions of the public domain to the Philippine Amateur Athletic Federation.
Section 19 allows the land grant by donation, sale, lease or otherwise, as necessary to carry out the Act’s purposes.

Expenditures and facility use rules

Section 20 requires federation common funds to be expended for:
- (a) administrative expenses;
- (b) maintenance, preservation, and improvement of common properties; and
- (d) transportation, equipment, board and lodging expenses of Philippine athletic delegations and participants to the Olympics and Asian Games and other international competitions, and preparation for holding Olympic competitions and Asian Games in the Philippines.
Section 20 provides that if common funds are insufficient for a covered purpose, voluntary contributions may be secured from associations, but the contribution must first be applied to defray the expenses of the association making the contribution.
Section 20 requires particular funds of National Sports’ Associations to be expended for their respective purposes.
Section 21 provides that, subject to federation regulations, its playgrounds and stadia are available for use by associations and their members in preference to all others.
Section 21 requires rentals for such use, with the rental amount determined by the executive committee.

Tax exemption and limits on sports equipment

Section 22 exempts from amusement, real property, specific taxes, and all other taxes and duties the federation’s income, properties, and importation of sports equipment and materials, and those of its members.
Section 22 restricts imported sports equipment and materials to exclusive use of the federation, associations, and their athlete members.
Section 22 prohibits disposition of imported sports equipment and materials for commercial purposes or for profit.

Amateur participation restriction for non-members

Section 23 provides that, starting from the date of approval of the Act, no individual athlete, team, club, or organization engaged in sports activities that is not a member of an association formed under the Act may:
- participate in the national open championships; or
- represent the Philippines in any competition at home or abroad; or
- enjoy the privileges under the federation.

Penal clause and criminal liability

Section 24 imposes 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, on any person who:
- (a) solicits funds for any purposes in the Act without authorization by the federation or its member associations;
- (b) without authority uses the word “Olympic”, the Olympic shield, Olympic insignia, and other emblem designed and prescribed by the federation or any association for exclusive use of Filipino athletic members; or
- (c) sells or otherwise disposes of sports equipment and materials covered by Section 18 for commercial purposes or for profit.

Funding appropriation for association formation

Section 25 appropriates from the funds of the National Treasury not otherwise appropriated One hundred thousand pesos for defraying expenses in forming National Sports’ Associations as provided in the Act.

Repeal, separability, and continuation effect

Section 26 repeals Act Numbered Three thousand two hundred and sixty-two and all other acts, executive orders, rules and regulations, or parts inconsistent with Republic Act No. 3135.
Section 27 provides separability: if any provision or application is declared unconstitutional, the remainder of the Act or application to other persons or circumstances is not affected.
Section 28 states the Act takes effect upon its approval (June 17, 1961).