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This page features the full text of
Republic Act No. 6847
"The
Philippine Sports Commission Act"
AN
ACT CREATING AND ESTABLISHING THE PHILIPPINE SPORTS COMMISSION,
DEFINING
ITS POWERS, FUNCTIONS AND RESPONSIBILITIES, APPROPRIATING FUNDS
THEREFOR,
AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 6847
AN
ACT CREATING AND ESTABLISHING THE PHILIPPINE SPORTS COMMISSION,
DEFINING
ITS POWERS, FUNCTIONS AND RESPONSIBILITIES, APPROPRIATING FUNDS
THEREFOR,
AND FOR OTHER PURPOSES.
Section
1. Title of the Act. — This Act
shall be known as "The Philippine Sports Commission Act."c
han
robles virtual law library
Sec.
2. Declaration of Policy. — It
is the policy of the State to promote physical education, encourage and
sustain the development of sports in the country to foster physical
fitness,
self-discipline, teamwork and excellence for the development of a
healthy
and alert citizenry through a unified national sports promotion and
development
program, and that the establishment and creation of a single, unified
and
integrated national sports policy-making body shall further this
objective. chanrobles virtuallaw libraryred
Sec.
3. Creation of the Philippine
Sports Commission. — To carry out the above policy, a body corporate
known
as the Philippine Sports Commission, hereinafter referred to as the
Commission,
is hereby created and established. chanrobles virtuallaw libraryred
Sec.
4. Status of the Commission.
— The Commission shall have the same status as that of a governmental
regulatory
national agency attached to the Office of the President with the
Chairman
thereof being of the same level as a department undersecretary and the
Commissioners that of department assistant secretaries. chanrobles virtuallaw libraryred
Sec.
5. Nature of the Commission.
— The Commission shall exercise corporate powers. It shall have a seal,
may sue and be sued, and shall be the sole policy-making and
coordinating
body of all amateur sports development programs and institutions in the
Philippines: Provided, That in the case of the school sports
development
program, the same shall be formulated and implemented by the Department
of Education, Culture and Sports (DECS) with the assistance of the
Commission
within the framework of the national sports development program.cralaw:red
Sec.
6. Objectives of the Commission.
— The Objectives of the Commission are:
(a) To
provide the leadership, formulate the policies and set the priorities
and
direction of all national amateur sports promotion and development,
particularly
giving emphasis on grass-roots participation; chanrobles virtuallaw libraryred(b) To
encourage wide participation of all sectors, government and private, in
amateur sports promotion and development; and
(c) To
supplement government appropriations for sports promotion and
development.
Sec.
7. Functions of the Commission.
— The Commission shall have the following functions:
(a) Plan,
implement and oversee an integrated amateur sports promotion and
development
program for the country, including the program for the Decade of
Physical
Fitness and Sports: 1990-2000, pursuant to Presidential Proclamation
No.
406, in coordination with various sectors involved in sports, including
among others, the Philippine Olympic Committee, the National Sports
Associations,
the public and private schools, government corporations and entities,
the
local governments, the Armed Forces of the Philippines, and other
sports
organizations and private corporations; (b) Establish
and maintain linkages with international sports associations, national
sports commissions or organizations of other countries, and
international
nongovernmental organizations whose main objective is sports;
(c) Plan
and oversee a program to enable the Philippines to bid for and to host
the Olympic Games at the earliest practicable time;chanrobles virtuallaw libraryred
(d) Establish,
develop and maintain fully-equipped sports facilities and centers in
strategic
places in the country and, as far as practicable, such modern sports
complexes
adequate for major international competitions;
(e) Rationalize
and regulate the establishment of publicly-funded sports complexes and
supervise the management and maintenance thereof, excluding school or
college-owned
sports complexes;
(f) Plan
and formulate programs and review or evaluate, from time to time, the
organizational
set-up, projects and programs of the Commission;
(g) Develop
and promulgate rules and regulations to implement this Act, including
rules
to delineate and define areas of responsibilities of all sectors
involved
in sports promotion and development, respecting the individual set-up,
priorities, structure and competence of the different government and
private
institutions;
(h) Assist
the proper government agency in the formulation of an industry
incentives
program for the manufacture in the Philippines of sports equipment and
supplies of international standard in quality;
(i) Provide
such incentives, recognition and awards to deserving associations,
athletes,
referees, game officials, coaches, trainers and other persons or
entities
involved in or supporting sports development as may be permissible
under
the rules of amateurism; chanrobles virtuallaw libraryred
(j) Recommend
and propose to the Department of Education, Culture and Sports,
Department
of Local Government and other government agencies and instrumentalities
having sports programs, to incorporate in their respective annual
budgets,
a separate and specific budget for sports promotion and
development;
(k) Conduct
basic and applied research on sports development;
(l) Conduct
promotion and fund-raising campaigns in accordance with existing laws
to
achieve the purposes of the Commission; chanrobles virtuallaw libraryred
(m) Encourage,
promote and sustain the creation and establishment of regional,
provincial,
municipal and barangay or school district sports promotion and
development
councils, composed of officials of the Department of Education, Culture
and Sports, Department of Local Government, local government officials,
and representatives of the private sector, which shall initiate,
conduct
and coordinate sports activities in their respective jurisdictions;
and
(n) Exercise
such other acts as are incident to or are appropriate and necessary in
connection with the creation of the Commission.
Sec.
8. Composition of the Commission.
— The Commission shall be composed of a Chairman and four (4)
Commissioners
all of whom shall be appointed by the President.chanrobles virtual law library
Sec.
9. Qualifications of the Chairman
and the Commissioners. — The Chairman and the Commissioners of the
Commission
must be citizens of the Philippines, publicly-recognized personalities
in the field of sports, at least thirty (30) years of age and of good
moral
character.chanrobles virtual law library
Sec.
10. Salaries of the Chairman
and Commissioners. — The Chairman shall receive an annual compensation
and shall be entitled to other benefits and privileges provided under
existing
laws for an undersecretary of a department and the Commissioners to
that
of assistant secretaries. chanrobles virtuallaw libraryred
Sec.
11. Powers of the Commission.
— The Commission has the power to do all acts and things necessary to
be
done for or in connection with the performance of its functions,
including:
(a) To
appoint the officers and other personnel of the Commission and fix
their
compensation subject to existing laws, rules and regulations; chanrobles virtuallaw libraryred(b) To
delegate authority for the performance of any function to officers and
employees under its direction;
(c) To
enter into contracts;
(d) To
acquire, use and control any land, building, facilities, equipment,
instruments,
tools and rights required or otherwise necessary for the accomplishment
of the purposes of the Commission;
(e) To
acquire, own, possess and dispose of any real or personal
property; chanrobles virtuallaw libraryred
(f) To
regulate the acquisition, procurement, distribution and use of
sportswear,
equipment, instruments, tools and other sports necessities necessary
and
required for training of a national pool of athletes;
(g) To
assist and support national associations in the implementation of
Section
13 of this Act;
(h) To
confer, extend and grant awards, benefits and privileges to athletes,
coaches
and officials for outstanding performances in national and
international
competitions;
(i) To
confer, extend and grant support or assistance to sports associations
which
are in good standing with the Commission;
(j) To
exercise supervisory and visitorial powers over the national sports
associations
in connection with their sports promotion and development programs with
respect to which financial assistance is extended by the
Commission;
(k) To
accept donations, gifts, bequests, and grants for the purposes of the
Commission; chanrobles virtuallaw libraryred
(l) To
ensure the implementation by various government departments and
agencies
of their sports promotion and development programs as indicated in
their
respective annual budgets;
(m) To
impose sanctions upon any national sports association, institution,
association,
body, entity, team, athlete and sports official for violation of its
policies,
rules and regulations; and
(n) To
perform any and all other acts incident to or required by virtue of its
creation.
Sec.
12. The Philippine Olympic Committee.
— The Philippine Olympic Committee (POC) which is affiliated with the
International
Olympic Committee is hereby recognized as the National Olympic
Committee
for the Philippines. It is autonomous in character.chanrobles virtual law library
The
Philippine Olympic Committee shall maintain its primary responsibility
for activities pertaining to the country's participation in the Olympic
Games, Asian Games, Southeast Asian Games and other international
athletic
competitions in accordance respectively with the rules and regulations
of the International Olympic Committee, the Olympic Council of Asia,
the
Southeast Asian Games Federation and other international sports
bodies. chanrobles virtuallaw libraryred
Sec.
13. National Sports Associations.
— National sports associations, organized for their respective sports
in
the Philippines and/or affiliated with their respective international
federations
which are recognized by the International Olympic Committee, are
recognized
as such by the Commission.cralaw:red
The
national sports association recognized by the Commission shall be
autonomous
and shall have exclusive technical control over the promotion and
development
of the particular sport for which they are organized, subject however
to
the supervisory and visitorial powers of the Commission, as provided in
Section 11, paragraph (j) hereof.cralaw:red
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 a
national sports association unless sixty percent (60%) of the athletes
composing said team school, club, organization or entity are Filipino
citizens.cralaw:red
The
Commission recognizes the following functions, powers, duties and
responsibilities
of the various national sports associations:
(a) To
adopt a Constitution and by laws not inconsistent with the Constitution
and by laws of the Philippine Olympic Committee; chanrobles virtuallaw libraryred(b) To
raise funds by donations, benefits and other means for their purposes;
(c) To
purchase, sell, lease or otherwise encumber property, real or personal,
for the accomplishment of their respective purposes;
(e) To
conduct competitions for the promotion of their respective sports;
(f) To
appoint their representative to the Philippine Olympic Committee;
(g) To
decide all questions on the amateur status and discipline of the
athletes
and officials connected with the associations as well as the members
thereof
and all disputes between members; chanrobles virtuallaw libraryred
(h) To
adopt, in coordination with the Philippine Olympic Committee, a
training
program for the development of the athletes and their preparation for
international
competitions;
(i) To
select the athletes, coaches and other officials for their national
teams
taking into consideration not only their athletic abilities but also
their
discipline, moral character, aptitude and attitude;
(j) To
keep accurate records of all official marks, scores and results
attained
by the athletes in the associations in all competitions, as well as all
results of sports competitions, recognize and confirm the same and
furnish
copies thereof to the Philippine Olympic Committee;
(k) To
qualify and license referees, umpires and other game officials who
shall
officiate in competitions in their respective sports; and chanrobles virtuallaw libraryred
(l) To
perform such other acts as may be necessary for the proper
accomplishment
of their purposes.
Sec.
14. Executive Director. — There
shall be an Executive Director who shall be appointed or designated as
such by the Chairman, preferably from among the four (4) Commissioners,
and shall direct and supervise the day-to-day operations of the
Commission.
The Executive Director shall have supervision and control over the
bureau
on administrative services headed by a Deputy Executive Director and
the
bureau on coordinating secretariat and support services, offices and
sections
which shall likewise be headed by a Deputy Executive Director. The
Deputy
Executive Directors shall be appointed by the Chairman.chanrobles virtual law library
Sec.
15. Qualifications of Executive
Director and Deputies. — No person shall be appointed an Executive
Director
or Deputy Executive Director of the Commission unless he or she is a
citizen
of the Republic of the Philippines, at least twenty-five (25) years of
age, of good moral character, a college graduate and has at least five
(5) years experience in sports administration.chanrobles virtual law library
Sec.
16. Functions and Responsibilities
of Officers and Staff . — The administrative services bureau shall be
primarily
responsible for providing services related to financial management,
personnel,
records, supplies and equipment, while the bureau on coordinating
secretariat
and support services shall be primarily responsible for plans and
programs
formulation, research, EDP and system management, public information
and
production, transportation, communications and such other functions and
responsibilities as may be necessary and required by the
Commission. chanrobles virtuallaw libraryred
Sec.
17. Appointment of Staff and
Employees of the Commission. — The staff, officers and employees of the
Commission shall be appointed by the Chairman of the Commission.cralaw:red
Sec.
18. Tax Exemption on the Use
of Sports Facilities. — To encourage popular participation in amateur
sports,
no tax of any kind shall be levied on the use of sports facilities,
whether
the tax be on the user, owner or operator of the sports facility.cralaw:red
Sec.
19. Tax Exemptions of the Commission.
— The Commission shall be exempted from the payment of customs duties,
taxes and tariffs on the importation of sportswear, equipment,
supplies,
instruments and materials, including those donated to the Commission,
which
are of international sports standard not available from local
manufacturers
and only in such numbers as may be required in the development of
various
sports and/or training of the national pool of athletes. The
importation
of sportswear, equipment, supplies instruments and materials donated to
the Philippine Olympic Committee and, through the Commission, to the
various
national sports associations certified under oath by the Commission to
be required and necessary for the development of sports in the country
shall also be exempt from the payment of customs duties, taxes and
tariffs.
Sec.
20. Tax Deduction or Exemption
of Donations and Contributions. — All donations and contributions to
the
Commission in connection with its fund-raising projects and its
continuing
sports development programs shall be exempt from the donor's taxes, and
shall be deductible in full in the computation of the taxable net
income
of the donor. Donations and contributions to the Philippine Olympic
Committee
and/or the various national sports associations certified by the
Commission
to be pursuant to the development of sports in the country shall
likewise
be exempt from the payment of the donor's and estate taxes and shall be
deductible in full in computing the taxable net income of the
donor. chanrobles virtuallaw libraryred
Sec.
21. Sports Delegations. — The
Commission and its delegation or representatives to any international
sports
convention, conference and meeting, and athletes, coaches and other
officials
to any international competition shall be exempt from the payment of
travel
tax, airport tax and any other travel related taxes or fees now or
hereafter
imposed by law or regulation.cralaw:red
Sec.
22. Presidential Land Grant.
— The provisions of any existing law to the contrary notwithstanding
the
President may, upon the recommendation of the Secretary of Environment
and Natural Resources, grant by donation, sale, lease or otherwise, to
the Commission portions of the land of the public domain as may be
necessary
for the establishment of regional training centers in all the regions
of
the country and for the accomplishment of any of its purposes.cralaw:red
Sec.
23. Sports Facilities. — The
administration and full control of all existing sports facilities,
including
land, buildings and equipment, owned by the national government as well
as those owned by government-funded foundations, associations and
entities
except liabilities, shall be transferred to the Commission: Provided,
That
the sports facilities owned by the local government units, state
colleges
and universities, or public schools shall remain with the said
institutions
or entities. In particular, the management and full control of all the
land, buildings, equipment and other improvements thereon of the Rizal
Memorial Sports Complex, and the Quezon City Velodrome shall be
transferred
to the Commission upon the effectivity of this Act.cralaw:red
The
Commission shall have full control and management of the University of
Life Sports Complex two (2) years from the effectivity of this, Act;
and
full use of and access to the facilities of sports complex immediately
upon the organization and start of the operations of the Commission.
The
said sports complex include: (a) sports facilities consisting of
grandstands,
tennis and basketball courts, stadium oval and track and field,
swimming
pools, pool grandstand and viewing rooms, and related equipment and
accessories;
(b) ten (10) dormitory buildings, nos. A to J; (c) substations,
air-conditioning
building, control rooms, switch houses and light towers, centralized
air-conditioning
system, standby generators and PABX telephone system; and (d) all other
sports-related equipment and support facilities: Provided, That the
existing
level of support and financial assistance for non-formal education from
said complex shall continue with an annual increase of not more than
ten
percent (10%) per year up to December 31, 1992. chanrobles virtuallaw libraryred
Sec.
24. Assistance by the Government
Entities. — The Commission may call upon any government entity for
assistance
in the performance of its functions and duties. All heads of
departments,
agencies, corporations and offices of the government are hereby
enjoined
to render full assistance and cooperation to the Commission to ensure
the
attainment of its objectives and the success of the national sports
development
program.cralaw:red
Sec.
25. Abolished Agencies. — The
Gintong Alay Foundation, Project: Gintong Alay, and all other
government-funded
foundations and associations related to sports are hereby abolished and
their functions, applicable appropriations, records, equipment,
property,
rights, claims and such other incidental things as may be necessary
except
liabilities are transferred to the Commission. All of the said
government-funded
foundations and associations related to sports must turn over all their
properties and function to the Commission and wind up their respective
affairs within six (6) months after the effectivity of this Act:
Provided,
That employees of such abolished agencies, particularly the rank and
file,
shall be absorbed by the Commission to the extent that it is
administratively
feasible.
Sec.
26. Funding. — In order to provide
the necessary funds required for the organizational and initial
calendar
year of operational expenditures of the Commission, the amount of
Twenty-five
million pesos (P25,000,000.00) from the National Treasury is hereby
appropriated:
Provided, That operating expenses for the Commission itself shall not
exceed
twenty percent (20%) of the annual appropriation and that at least
eighty
percent (80%) of said annual appropriation and all of the national
sports
development funds, as hereinafter provided, shall be disbursed for the
national sports program, particularly in support of the identification,
recruitment and training of athletes in pre-regional, regional,
national
and international competitions, including the implementation of the
Decade
of Physical Fitness and Sports: 1990-2000.cralaw:red
To
finance the country's integrated sports development program, including
the holding of the national games and all other sports competitions at
all levels throughout the country as well as the country's
participation
at international sports competitions, such as, but not limited to, the
Olympic, Asian, and Southeast Asian Games, and all other international
competitions, sanctioned by the International Olympic Committee and the
International Federations, thirty percent (30%) representing the
charity
fund and proceeds of six (6) sweepstakes of lottery draws per annum,
taxes
on horse races during special holidays, five percent (5%) of the gross
income of the Philippine Amusement and Gaming Corporation, the proceeds
from the sale of stamps as hereinafter provided, and three percent (3%)
of all taxes collected on imported athletic equipment shall be
automatically
remitted directly to the Commission and are hereby constituted as the
National
Sports Development Fund. Further, the Philippine Postal Service Office
is hereby authorized to print paper and gold stamps which shall depict
sports events and such other motif as the Philippine Postal Service
Office
may decide, at the expense of the Commission. Any deficiency in the
financial
requirements of the Commission for its sports development program shall
be covered by an annual appropriation passed by Congress.cralaw:red
Sec.
27. Repealing Clause. — All laws,
presidential decrees, executive orders, presidential proclamations,
rules
and regulations or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly. chanrobles virtuallaw libraryred
Sec.
28. Separability Clause. — If
any provision of this Act is declared unconstitutional, the same shall
not affect the validity and effectivity of other provisions hereof.
Sec.
29. Effectivity. — This Act shall
take effect upon its approval and completion of publication in at least
two (2) national newspapers of general circulation. chanrobles virtuallaw libraryred
Approved:
January
24, 1990
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