The National Academy of Sports

Good Law

June 9, 2020

REPUBLIC ACT NO. 11470

AN ACT CREATING AND ESTABLISHING THE NATIONAL ACADEMY OF SPORTS AND PROVIDING FUNDS THEREFOR

SECTION 1. Short Title. — This Act shall be known as "The National Academy of Sports."

SECTION 2. Declaration of Principles. — The State recognizes its role to protect and promote the right of all citizens to quality education at all levels and to take appropriate steps to make such education accessible to all. The State also recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. Towards this end, the State shall establish a national sports program which shall promote physical education and encourage sports programs, intramurals, league competitions, and amateur sports, including training for international competitions; foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry; and develop athletes with a strong sense of patriotism and love of country. It shall institutionalize an educational system within the framework of this national sustainable sports program and provide excellent training to produce world-class athletes. Such system shall ensure that measures are in place for the admission of qualified students from all sectors, including indigenous peoples, persons with disabilities, and other marginalized groups.

SECTION 3. Creation and Establishment of the National Academy of Sports System. — There is hereby created and established a National Academy of Sports System (NAS System) to develop the athletic skills and talents of students in world class sports facilities which are at par with international standards.

The NAS System is hereby mandated to implement a quality and enhanced secondary education program, integrated with a special curriculum on sports. It shall be geared to the early recognition and development of highly talented and exceptionally gifted students and those who have demonstrated the potential of excelling in the field of sports.

The NAS System shall be attached to the Department of Education (DepEd), in close coordination with the Philippine Sports Commission (PSC).

SECTION 4. Purpose of the NAS System. — The NAS System shall offer, on full scholarship basis, a secondary education to natural-born Filipino citizens with considerable potential in sports. The curriculum shall be designed to take into consideration the education and special training needs of the student-athletes and provide them with a holistic quality education to enable them to excel in their respective sports and likewise pursue their chosen profession or career.

SECTION 5. Construction and Site of the NAS Main Campus. — After a period of planning not exceeding one (1) year upon the effectivity of this Act, the main campus of the NAS System shall be established at the existing New Clark City Sports Complex, Capas, Tarlac, and shall be equipped with the necessary sports facilities, housing, and other amenities according to current international standards. School buildings with sufficient number of classrooms and facilities shall be constructed at the complex.

The Bases Conversion and Development Authority (BCDA) shall provide the land for the site by way of usufruct in perpetuity, subject to its utilization as provided for in the preceding paragraph.

The BCDA shall also be in charge of the construction of classrooms, dormitories, and other sports facilities, and related amenities as may be determined by the Board of Trustees at the New Clark City campus.

The NAS System shall at all times be given utmost priority in the use of these existing sports facilities, dormitories, and infrastructure which shall be free of charge as long as utilized to carry out the purposes and functions of the NAS System, without prejudice to national and international sports events which will be hosted in the New Clark City and coordinated with the NAS System management.

SECTION 6. Executive Director of the NAS System. — The NAS System shall be headed by an Executive Director who shall serve for a period of five (5) years. The Executive Director shall be elected by the members of the Board, based on the guidelines and qualifications set forth in the implementing rules and regulations of this Act, preferably with a Master's degree in the field of sports education, sports science, education, management, and substantial experience in managing an educational institution.

The Board shall likewise fix the compensation of the Executive Director subject to existing Compensation and Position Classification System.

The Executive Director shall be responsible for the administration and operation of the NAS System, and shall coordinate the implementation of policies and guidelines set by the Board, in addition to those specifically provided for in this Act.

SECTION 7. Board of Trustees. — The NAS System shall be governed by a Board of Trustees, hereinafter referred to as the Board, which shall be composed of the DepEd Secretary as the Chairperson, the Chairperson of the PSC as Vice Chairperson, and the following as members: (a) the Executive Director of the NAS System; (b) the President of the Philippine Olympic Committee; (c) the Chairperson of the Commission on Higher Education (CHED); and (d) two (2) representatives from the private sector of known expertise in the field of sports, education or both, elected by the members of the Board.

The representatives from the private sector shall be appointed for a term of two (2) years, renewable for another two (2) years, without reappointment.

SECTION 8. Powers and Functions of the Board. — The exercise of the powers of the NAS System is hereby vested exclusively in the Board. The Board shall have the following specific powers and duties, in addition to its general powers of administration and the exercise of all the powers granted to the board of directors of a corporation under Section 35 of Republic Act No. 11232, otherwise known as the "Revised Corporation Code of the Philippines":

(a) To formulate policies, guidelines and criteria in order to rationalize the establishment, administration and operation of the sports high schools under the NAS System in accordance with a national sports program;

(b) To identify the satellite branches and regional campuses of the NAS System for later expansion after the establishment of the main campus of the NAS System as provided in Section 5 hereof;

(c) To approve the curricula, course of study, and rules of discipline drawn up by the Executive Committee as hereinafter provided. The curriculum shall be designed to address the specific training needs of a student-athlete while delivering a holistic and quality education;

(d) To formulate policies on personnel organization, appointment, promotion, retention or renewal of contracts, compensation, removal for just cause, rewards, incentives, and other conditions of employment for administrators, faculty, and staff of the NAS System;

(e) To approve appointments made and contracts entered into by the Executive Director in connection with the employment of administrative officers, teachers, lecturers, and other employees of the school;

(f) To determine the conditions of the acceptance of paying students for special programs and trainings, such as sports camps and clinics, and establish the qualifications and criteria thereof;

(g) To provide and approve fellowships and trainings for administrators, faculty members, and staff;

(h) To approve the grant of scholarships, stipends, and such other allowances to deserving students based on the guidelines and implementing rules and regulations of this Act;

(i) To establish the criteria for the selection and admission of students which shall include, among others, national competitive trials and examinations;

(j) To recruit the best student athletes from the different regions of the Philippines to be enrolled in the NAS System to better hone their skills and talents;

(k) To develop the athletic potential of every student together with a sound and strong academic base;

(l) To provide a training program for students with the end goal of producing athletes who can compete in international competitions;

(m) To approve the issuance of certificates or diplomas to successful candidates for graduation;

(n) To receive and appropriate for the ends herein specified such sums as may be provided by law for the support of the NAS System;

(o) To receive, in trust, legacies, gifts, and donations of real and personal properties of all kinds and to administer the same for the benefit of the NAS System or for aid to any of its students;

(p) To enact rules and regulations, not contrary to law, as may be necessary to carry out the purposes and functions of the NAS System; and

(q) To perform any and all other acts incident to or required by virtue of its creation.

SECTION 9. Hiring of Foreign Coaches, Trainers and Consultants. — In addition to the powers and functions vested to the Board under Section 8 of this Act, the Board shall be allowed to approve the hiring of licensed foreign coaches, trainers, and consultants: Provided, That the PSC shall certify as to the necessity of hiring such coaches, trainers, and consultants, including a justification that their competence and skills are not locally available or proven to be incomparable with their local counterparts.

The Board shall provide guidelines and mechanisms to ensure that the new knowledge and training methods introduced by foreign coaches, trainers, and consultants shall be passed on to student-athletes and local coaches, trainers, and consultants of the NAS System.

SECTION 10. Meetings of the Board. — The Board shall regularly convene at least once every quarter of the NAS System school calendar: Provided, That upon the effectivity of this Act, the Board shall immediately convene and conduct monthly meetings for purposes of choosing and appointing the Executive Director, the members from the academe and sports community, and an organization plan for the NAS System.

The Chairperson of the Board may call a special meeting whenever necessary: Provided, That members are notified in writing at least three (3) calendar days before said meeting.

A majority of all members holding office at the time the meeting is called shall constitute a quorum for Board meetings: Provided, That the Chairperson and the Vice Chairperson of the Board are among those present in the meeting. In the absence of the Chairperson, an Undersecretary of the DepEd shall be duly designated by the Chairperson as alternate to sit in the meeting.

All members who are not receiving regular compensation from the government shall receive reasonable per diem to be determined by the Board for every meeting of the Board, subject to existing rules and regulations observed by the boards of similar specialized institutions.

SECTION 11. Reporting Requirements and Auditing of Accounts. — The Board shall submit to the Commission on Audit (COA), Department of Budget and Management (DBM), and Congress a detailed report on the progress, condition, and needs of the NAS System containing, among others, the financial statements, statement of assets and liabilities, other revenue sources and program for expenditures, physical and financial accountability reports, and other similar reportorial requirements on or before the fourteenth (14th) day of February of each year. All accounts and expenses of the NAS System shall be audited by the COA or its duly authorized representative.

SECTION 12. Executive Committee. — There shall be an Executive Committee consisting of the Executive Director, the Deputy Executive Director, as created in Section 13 of this Act, the heads of departments of the NAS System, and such other ranking faculty members or officials of the NAS System, as may be determined by the Board.

The Committee shall have the power to screen and select the students for admission and the recipients of scholarships, stipends, and other allowances as well as to develop the curricula, course of study, and rules of discipline. It shall be responsible for the development of the athletic potential of students by providing training programs to train athletes who can compete in international competitions. It shall also implement and execute policies laid down by the Board and exercise such other functions, powers and duties as the Board may prescribe.

SECTION 13. Deputy Executive Director of the NAS System. — There shall be a Deputy Executive Director who shall assist the Executive Director. In the absence of the Executive Director, the Deputy Executive Director shall assume the administrative and supervisory functions of the Executive Director.

The Deputy Executive Director, whose compensation shall be fixed by the Board, shall be appointed by the Chairperson of the Board, subject to the approval of the members of the Board and to existing Compensation and Position Classification System.

SECTION 14. Registrar of the NAS System. — There shall be a Registrar of the NAS System who shall act as the Board Secretary and keep all the records of the NAS System.

The Registrar shall be appointed by the Executive Director, with the approval of the Board.

SECTION 15. Treasurer of the NAS System. — There shall be a Treasurer of the NAS System who shall keep custody of its funds and properties.

The Treasurer shall be appointed by the Executive Director, with the approval of the Board.

All accounts and expenses of the NAS System shall be audited by the COA or its duly authorized representative.

SECTION 16. Personnel of the NAS System. — The Executive Director shall, upon approval of the Board, employ professional and highly skilled managers, educators, teachers, coaches, trainers, sports and medical professionals, who are experts in the field, and other personnel with long and vast experience in sports education and administration to ensure the proper operation and maintenance of the NAS System, subject to existing Compensation and Position Classification System.

Officers or employees of the government engaged as lecturers in the NAS System may receive compensation in addition to their salary at a rate to be fixed by the Board subject to existing rules and regulations: Provided, That their duties as lecturers are performed outside of the regular office hours.

SECTION 17. Payment of National Taxes and Customs Duties. — The payment of national taxes, including customs duties, of the NAS System shall be charged against the Tax Expenditure Fund (TEF) provided for in the annual General Appropriations Act.

The NAS System shall be exempt from withholding taxes on the honoraria or fees paid by the NAS System to visiting lecturers or professors from abroad, subject and pursuant to existing Philippine tax treaties.

SECTION 18. Tax Deduction and Exemption of Donations and Contributions. — All grants, legacies, bequests or devises, gifts and donations for the benefit of the NAS System, its support and/or maintenance, or for aid to any of its students shall be tax-exempt and fully deductible from the gross income of the donors in accordance with the National Internal Revenue Code (NIRC) of 1997, as amended.

SECTION 19. Campuses. — The Board shall provide for policies for the organization of future regional nationally-funded high schools for sports. The Board shall also provide for policies to enter into a memorandum of agreement with existing locally funded high schools for sports for consideration as extension campuses or branches of the NAS System. The extension campuses shall be organized in coordination with the concerned local government unit, the DepEd, and the PSC, and in consultation with the DBM.

SECTION 20. Joint Congressional Oversight Committee on the NAS System. — There is hereby created a Joint Congressional Oversight Committee to oversee, monitor, and evaluate the implementation of this Act.

The Oversight Committee shall be composed of five (5) members each from the Senate and the House of Representatives, including the Chairpersons of the Committees on Basic Education, Arts and Culture in the Senate and Basic Education and Culture in the House of Representatives, Youth and Sports Development, and Finance in the Senate and Appropriations in the House of Representatives. The membership of the Committee for each House shall have at least one (1) minority member.

SECTION 21. Appropriations. — The Secretary of the DepEd shall immediately include in the Department's budget the amount necessary for the effective implementation of this Act which shall be included in the annual General Appropriations Act.

Upon the effectivity of this Act, the BCDA shall likewise immediately include in its procurement plan the construction of classrooms, dormitories, and other sports facilities and related amenities for the NAS main campus whose funding shall also be included in the General Appropriations Act.

SECTION 22. Implementing Rules and Regulations. — The DepEd and the PSC, in consultation and coordination with the DBM, the CHED, the Department of Public Works and Highways (DPWH), the BCDA, and other relevant stakeholders shall promulgate, not later than thirty (30) days upon the effectivity of this Act, the necessary rules and regulations for its effective implementation: Provided, That the failure to promulgate such rules and regulations shall not prevent the implementation of this Act upon its effectivity.

SECTION 23. Separability Clause. — If any part or provision of this Act is declared unconstitutional or invalid, the remainder of this Act or any provision not affected thereby shall remain to be in full force and effect.

SECTION 24. Repealing Clause. — All other laws, presidential decrees, executive orders, and other administrative issuances, rules, regulations or parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.

SECTION 25. Effectivity. — This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in a major daily newspaper of national circulation in the Philippines.

Approved: June 9, 2020.

Republic Acts

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