Student-Athletes Protection Act

Case Overview and Summary

Summary of the Student-Athletes Protection Act (Republic Act No. 10676)

Declaration of Policy (Section 2):
- Recognizes the State's role in protecting the rights of student-athletes to quality education and promoting their skills in amateur sports.
- Aims to ensure that student-athletes attain quality education while honing their athletic abilities.

Definitions (Section 3):
- Athletic association: Organizations governing inter-school athletic programs and competitions.
- School: Institutions recognized by the State that undertake educational operations.
- Student-athlete: A student enrolled in a school who is a member of the school's athletic team and represents or intends to represent the school in inter-school competitions.

Residency of Student-Athletes (Section 4):
- No residency requirement for high school graduates enrolling in college/university. (Section 4a)
- No residency requirement for high school student-athletes transferring to another high school, except a maximum of one (1) year residency may be imposed by an athletic association for transfers between member schools. (Section 4b)
- For tertiary student-athletes transferring to another college/university, a maximum of one (1) year residency may be imposed by an athletic association. (Section 4c)
- The above residency rules also apply to Filipino student-athletes from other countries enrolling in a school in the Philippines. (Section 4d)
- Schools are prohibited from imposing certain punishments on student-athletes solely for transferring to another school. (Section 4)

Benefits and Incentives (Section 5):
- Schools may grant deserving student-athletes the following benefits and incentives:
    - Tuition, miscellaneous fees, books, and learning materials. (Section 5a)
    - Full board and lodging. (Section 5b)
    - School and athletic uniforms, supplies, equipment, and paraphernalia. (Section 5c)
    - A reasonable regular monthly living allowance, set and standardized by the athletic association. (Section 5d)
    - Medical examinations, consultations, emergency services, insurance, and other reasonable benefits to enhance academic and athletic performance. (Section 5e)
    - Other reasonable benefits to enhance academic and athletic performance. (Section 5f)

Commercialization of Student-Athletes (Section 6):
- Schools shall not offer student-athletes or their immediate family members benefits or incentives beyond those enumerated in Section 5, which are contrary to the nature of amateur sports and may result in the commercialization of a student-athlete.

Authority of DepED and CHED (Section 7):
- DepED and CHED are authorized to regulate and oversee school athletic associations and ensure the protection of student-athletes' rights.
- They can handle complaints against athletic associations and schools, and may consult the Philippine Sports Commission for technical expertise.

Prosecution of Action (Section 8):
- Who may file a complaint: Student-athletes, parents/guardians, member schools, alumni, or any person/entity on behalf of a student-athlete or school affected by violations.
- Who are liable: School officials, athletic directors, coaches, staff, administrators, alumni, or representatives. Athletic associations or schools are also liable for knowingly permitting or failing to prevent violations.
- Investigation: Athletic associations may investigate violations and impose penalties, such as suspending student-athletes or banning schools from participating.
- Appeal: Decisions of athletic associations may be appealed to DepED or CHED within 15 days.
- Inaction or inhibition: If no action from the athletic association within 30 days, the student-athlete or representative may file a complaint directly with DepED or CHED.
- Sanctions and penalties: DepED or CHED may impose penalties on erring schools (suspension from athletic organizations and/or fines ranging from PHP 100,000 to PHP 1,000,000) and erring athletic associations (fines ranging from PHP 100,000 to PHP 1,000,000), depending on the gravity of the offense.
- Complainants may also seek recourse from courts of law.
- Temporary restraining orders or injunctive relief may be filed in court if there is no other plain, speedy, and adequate remedy.

Implementing Rules and Regulations (Section 9):
- DepED and CHED, in consultation with the Philippine Sports Commission, shall promulgate the implementing rules and regulations within 90 days from the approval of the Act.
- The implementing rules and regulations shall take effect 30 days after publication in two national newspapers.

Implementing Agencies (Section 10):
- DepED and CHED shall implement the provisions of the Act.

Separability Clause (Section 11):
- If any provision is declared unconstitutional, the remainder of the Act shall remain in full force and effect.

Repealing Clause (Section 12):
- Any law, decree, order, or regulation contrary to or inconsistent with the provisions of the Act is hereby repealed, modified, or amended accordingly.

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