Republic Act No. 3135: An act revising act numbered thirty-two, six hundred and twenty-two, otherwise known as the charter of the philippine amateur athletic federation

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:

1.To adopt a constitution and by-laws;

2.To adopt a uniform set of rules to determine and govern amateur athletes and sports in the Philippines;

3.To adopt rules and regulations, consistent with administrative due process, to govern the procedure to be observed by the National Sports' Association and the executive committee in hearing and deciding cases before them either on initial hearing or an appeal;

4.To suspend for cause a member-association of the federation by a vote of two-thirds of the board and withdrawn recognition of an association by a vote of three-fourths of the board. The reinstatement to active status of the association affected shall be effected in the same manner;

5.To authorize the executive committee to negotiate and conclude, for and in behalf of the federation, transactions for the acquisition, disposition, and encumbrance of real or personal property as well as the raising of funds for the accomplishment of the purposes of the federation.

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:

1.To implement all the policies and decisions laid down by the Board of Governors;

2.To prepare an annual budget and submit the same for the approval of the Board of Governors at the annual meeting;

3.To coordinate and harmonize the activities of all National Sports' Associations;

4.To administer the common properties and stadia of the Philippine Amateur Athletic Federation and assist in the maintenance of existing athletic facilities in regional sports centers, subject to the conditions that it may impose;

5.To adopt such rules and regulations as may be necessary for the discharge of its functions and consistent herewith;

6.To maintain, enforce, and defend the exclusive right of the federation to the use of the work "The Olympic", Olympic shield, all Olympic insignia, and all other Philippine Sports' insignia that it or the National Sports' Associations may design and prescribe for use by Filipino Athletes of whatever nature, and to confine their use to activities and publicity concerned with the Olympic games, and with the purposes, powers, and procedures of the federation;

7.To act and decide on all appeals brought before it regarding controversies on the amateur status of athletes and teams, as well as those arising between members of the federation and between the associations and their members; and

8.To encourage and promote the establishment of sports centers, public playgrounds and recreational facilities.

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:

1.To adopt a constitution and by-laws for their internal organization and government;

2.To raise funds by donations, benefits, and other means for their purposes;

3.To purchase, sell, lease or otherwise encumber property both real and personal, for the accomplishment of their purpose;

4.To affiliate with international or regional sports' Association after due consultation with the executive committee;

5.To conduct local, interport and international competitions, other than the Olympic and Asian Games, they may deem necessary for the promotion of the sport;

6.To render an annual report to the executive committee regarding their finances and activities which shall be submitted at least thirty days before the annual meeting of the Board of Governors;

7.To appoint their representatives to the Board of Governors and the executive committee;

8.To decide, subject to appeal to the executive committee, all questions on the amateur status and discipline of the athletes connected with the associations, as well as the members thereof and all disputes between their members;

9.To adopt a training program for the development of athletes and their preparation for international competitions and to defray the expenses for the same;

10.To select the athletes, coach, and other officials for their national teams taking into consideration not only their athletic abilities but also their moral character.

11.To keep accurate records of all official marks attained by the athletes in the associations in all competitions as well as all results of sports competitions, recognize and ratify the same, and furnish copies thereof to the executive committee;

12.To qualify and license referees and umpires and other game officials who shall officiate in competitions in their respective sports; and

13.To perform such other acts as may be necessary for the proper accomplishment of their purposes and not inconsistent with this Act.

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:

(a)The net receipts from Philippine Charity Sweepstakes races and, for this purpose, the Philippine Amateur Athletic Federation shall be entitled to the receipts of three sweepstakes races a year, any law to the contrary notwithstanding.

(b)Donations, bequests and devises, as well as receipts from benefit games and other kinds of benefits conducted by the federation.

(c)Annual dues from the National Sports' Associations.

(d)Income realized from its real and personal properties.

(e)Receipts from any other funds.

(f)Stocks, bonds, monies and other forms of credit owned by the Philippine Amateur Athletic Federation created under Act Numbered Thirty-two hundred sixty-two and those which the federation may subsequently acquire. 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:

(a)Monies raised through donations and receipts from benefit games, and officially conducted competitions.

(b)Annual dues from their respective members, the annual dues to be paid to the federation by each association shall be determined by the executive committee after taking into consideration the paying capacity of the Association concerned, while that to be paid to the National Sports' Association by their respective members shall be determined by each association.

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:

(a)To defray the administrative expenses of the federation.

(b)To defray the expenses for the maintenance, preservation, and improvement of the common properties of the federation.

(c)To defray the transportation, equipment and board and lodging expenses of Philippine Athletic delegations and participants to the Olympics and Asians Games and other International competitions as well as the preparation for the holding of Olympic competitions and Asian games in the Philippines: Provided, however, That should the funds not be sufficient for the purpose, voluntary contributions may be secured from the Associations but such contribution shall first be applied to defray the expenses of the Association making the contribution. 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:

a. Shall solicit funds for any of the purposes mentioned in this Act without being authorized to do so hereunder or by the Philippine Amateur Athletic Federation or its member Associations; b. Shall, without authority, use the word "Olympic", the Olympic shield, Olympic insignia and such other emblem designed and prescribed by the federation or any association for the exclusive use of Filipino Athletic members. c. Shall sell or otherwise dispose of the sports equipment and material mentioned in section eighteen hereof for commercial purposes or for profit.

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

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.

In plain language