CHAPTER I

THE RESEARCH PROBLEM

A. Research Background
Every individual since birth is born with the right to education which is composed
of elementary, high school and tertiary degrees. Here in the Philippines, education does
not appear as a right but it is more of a privilege. A large number of Filipinos only finish
elementary until high school and sometimes these individuals do not also have an
opportunity to study at all. In order to have a decent job in the Philippines, an individual
should have at least a college diploma. Individuals who just finished only elementary to
high school are mostly ending up with blue collar jobs. Being a college graduate is a
prerequisite when one wants to land in a good job position. However, college education
is more expensive than elementary and high school education which affects majority of
the Filipinos who cannot afford this type of education. In order to attain and fulfill such
dream, some students are trying to be scholars academically and also athletically.
Being a scholar academically, the student should have excellent marks in all subjects
and impressive academic remarks from high school when the family of such student is
not capable of paying the tuition fee needed for college. In the other hand, being a
scholar athletically requires the student to have above-average skills on a certain sport
to represent a college or university. Being a student-athlete is more rewarding than an
academic scholar as free tuition fee, lodging and allowances are provided.
In order to expose such students to competitions and show their talents, there
are leagues that are being conducted by athletic associations in the country such as the
UAAP (University Athletics Association of the Philippines) and the NCAA (National
College Athletics Association). These associations are to regulate the league's rules
and regulations as well as policies for the student-athlete's welfare.
Athletic associations in the Philippines are under guidance of the PSC (Philippine
Sports Commission) as well as simultaneous with the POC (Philippine Olympic
Committee) in the implementation of rules and guidelines set on the competition or
sports events promulgated by the athletic associations. Another composition of the
rights and freedom of athletic associations are indicated in the statute which pertains to
the existence of the PSC. Thus pointed out in section 13 of Republic Act 6847 which is
also known as An act creating and establishing the Philippines sports commission,
defining its powers, functions and responsibilities, appropriating funds therefore, and for
other purposes,
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 [4]
In the line of the authority provided for the different athletic associations, they are
to settle on what is for the benefit of all covered by its regime. There are many issues
relating to the own implementations of athletic associations. One of the controversial
issues pertains about the two-year student residency rule in the UAAP. This rule is
already part of the rules and regulations of the association for years. It is also viewed
that it causes deprivation on student-athletes to play for their respective schools if they
are covered by such residency rules. Commercialization is also taking a big spot in the
culture of college sports in the country due to the desires of institutions to secure a
talented student-athlete.
Because of the controversial issue, Senator Pia Cayetano proposed
Senate Bill No. 2226 or "An act protecting the amateur nature of student-athletes in the
Philippines by regulating the residency requirement and prohibiting the
commercialization of student-athletes" that changes the two-year residency rule of the
UAAP. Under section 6 of Senate Bill No. 2226,
StudentAthletes' Residency : No residency requirement shall be imposed on a high
school Student-Athlete transferring to another high school or to a college or university.
In the case of a tertiary Student-Athlete transferring from one college or university to
another, a maximum period of one (1)-year residency may be imposed by athletic
associations. [8]
Also stated under section 8 of the said bill is the prohibition of offering
beneficiaries which may lead to commercialization of student-athletes.
Commercial Consideration: Schools shall not offer a Student-Athlete or his immediate
family members benefits or incentives beyond that enumerated under Section 7, which
are contrary to the nature of amateur sports and which may result to the
commercialization of a Student-Athlete.
The proposed bill is seen to be beneficial to the student-athletes however there are
circumstances which should be looked upon such as the rights of athletic associations
and the granted academic freedom on institutions.
Different independent organizations in the country are given rights and privileges to
govern themselves within the rules respectively set by each organization. There is a
freedom set which inherently occurs upon the existence of organizations in the society.
Because of this, their interests and main advocacies are merely invulnerable to any
oppositions as long as it is in line and not repugnant with the law. Under art. XIII sec. 15
of the 1987 Philippine Constitution,
The State shall respect the role of independent peoples organizations to enable the
people to pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means." [1]
The provision of the Constitution clearly explains that organizations are to be separated
with the State regarding its decision-making, beliefs and others that they are fighting for.
Initiating organizations is an opportunity provided with participative democracy for the
service of their claims which are collaboratively licit.[2] The same provision applies to
the different athletic associations in the country responsible for the management of
various sports events competed by skilled and potential student-athletes.
As continuance of the provision of art. XIII sec. 15 of the Constitution,
Independent peoples organizations are also made in good faith of its responsible
members with an authority that is essential to the organization to raise a favouring
interest to the public with a distinguishable governance and system of such respectable
organizations.[3]
Although organizations have rights to express their public interests and freedom
to regulate, it is not absolute as the State can intervene with the use of its Police power.
The exercise of police power, to be valid, must be reasonable and not repugnant
to the Constitution[rb 11]
In the case of Ermita-Malate Hotel and Motel Operators Association
Incorporated vs. the City of Manila, the latter exercised its Police Power over the Ermita-
Malate Hotel and Motel Operators Association Incorporated.
As in this case, there was only a stipulation of facts and such cannot prevail over the
presumption. Further, the ordinance is a valid exercise of Police Power. There is no
question to be raised because the challenged ordinance was precisely enacted to
minimize certain practices that are hurtful to public morals such as minimizing
prostitution. The increase in taxes not only discourages hotels/motels in doing any
illegal businesses but also increases the revenue of the LGUs concerned.
Consequently, taxation is also a valid exercise of police power. [32]
It is held that the City of Manila properly exercised its police power for the benefit
of public welfare. Thus, the state can intervene with the interests of the organization to
promote morality and to satisfy social concerns by imposing higher rates of taxation for
it to be regulated.
Under the Philippine Constitution, academic freedom is also given and provided
for the educational institutions in the country. Indicated therein,
Academic freedom shall be enjoyed in all institutions of higher learning.
The academic freedom gives power to a certain institution to self-govern and
implement policies for the sake of protecting and developing the market of knowledge.
The 1994 law on Commission on Higher Education defines the role of the State on
taking consideration of the academic freedom. Thus stated, The State shall likewise
ensure and protect academic freedom and shall promote its exercise and
observance for the continuing intellectual growth, the advancement of learning
and research, the development of responsible and effective leadership, the
education of high-level and middle-level professionals, and the enrichment of our
historical and cultural heritage.[rb 10]
This study aims to know the validity and accordance of Senate Bill No. 2226 in
the 1987 Philippine Constitution.
Senate Bill 2226 is proposed by Senator Pia Cayetano due to her belief that
sports joined by student-athletes are mainly for their amateur nature and love for their
particular field of recreation. With regards to the precedent, the purpose of this research
is to criticize the constitutionality of Student-Athletes Protection Act of 2014 in the event
that it will be passed into law. Preserving and maintaining the true culture of Philippine
Sports is a serious concern and an inquiry of the proposed bill should be taken into
account.
B. Research Questions
The researchers shall primarily determine the constitutionality of Senate Bill No.
2226 otherwise known as An act protecting the amateur nature of student-athletes in
the Philippines by regulating the residency requirement and prohibiting the
commercialization of student-athletes using certain legally accepted parameters.

Senate Bill No. 2226 provides for the Alteration of the two year residency rule of the
UAAP to prohibit commercialization. Under Section 8 of the bill, schools shall not offer a
Student-Athlete or his immediate family members or incentives beyond that enumerated
under section 7 of this bill, which are contrary to the nature of amateur sports and which
may result to the commercialization of a Student-Athlete. The researchers shall assess
its validity using the constitutional rights of schools and the people's association.

Furthermore, Senate Bill No. 2226 imposes restraints to people's organizations to alter
the two year residency rule to one year and limit the benefits and allowances to be
given to the student-athletes. The researchers shall likewise determine whether or not
this restraint is in accord with the concept of Academic Freedom and roles and rights of
people's organizations.

Therefore, In order to answer the main legal issue, researchers have adopted the
following parameters :

1. Exercise of Rights of People's Organizations
2. Exercise of Academic Freedom

C. Significance of the Study
Athletic Associations
This research will aid on protecting the rights of athletic associations in the country as
they implement rules governing the system of sports competitions. Doing such inquiry
will also let them know the extent and limitations of their power.
Academic Institutions
This will help academic institutions such as school, universities and others to make
decisions which pertain to their goals and aspirations to bring what is best for the
institution to achieve.
Legislative Branch of the Government
This research may help the lawmakers to make policies that will not only benefit for the
student-athletes but also for the equal benefit of the schools and athletic associations.
In a way for future policy making, this research will be a basis for future bills and
resolutions regarding sports related issues.
Executive Branch of the Government
In terms of implementation of policies, the state can always exercise police power within
the Constitutions jurisdiction. This research can be a basis of the state on up to what
extent can they exercise this inherent power when dealing with law implementations
and constitutional provisions.
Judicial Branch of the Government
Finally, this research will help the judiciary branch to have an objective and precise
interpretation for the common good of public welfare as the judicial department will have
different interpretations especially when the main body is altered after every end of the
term.
D. Scope of the Study
The issue of student-athlete commercialization has been a standing and continuous
circumstance in the culture of college sports in the Philippines. Due to the hot-button
issue, this research will be focusing on the evaluation of Senate Bill 2226 which is An
act protecting the amateur nature of student-athletes in the Philippines by regulating the
residency requirement and prohibiting the commercialization of student-athletes and
also known as the Student-Athletes Protection Act of 2014. Under sec. 6 of the bill, it
looks up on the altering of the residency policies implemented by athletic associations.
Stated therein is that No residency requirement shall be imposed on a high school
Student-Athlete transferring to another high school or to a college or university. In the
case of a tertiary Student-Athlete transferring from one college or university to another,
a maximum period of one (1)-year residency may be imposed by athletic
associations.[9] Senator Pia Cayetanos belief that the passage of the bill will
safeguard the rights of student-athletes against deprivation to compete and also
commercialization. An eventuality of affecting the rights of organizations may endure
nonetheless. Another concern regarding the academic freedom of institutions is also
based from the provision of the bill. As stated under sec. 8, Schools shall not offer a
Student-Athlete or his immediate family members benefits or incentives beyond
that enumerated under Section 7, which are contrary to the nature of amateur
sports and which may result to the commercialization of a Student-Athlete.
Therefore the scope used in this research covers the role and rights of peoples
organizations as well as the academic freedom essential to institutions.
As the constitutional provision regarding the role and rights of peoples organizations
affects various organizations in general, this research is primarily concerned with the
varied athletic associations that are active in the country. With academic freedom is
concerned, the study will focus on the numerous educational institutions that run in the
country.
Chapter II
Review of Related Literature
A. Theoretical Literature
Sports competition is a major event which is joined by different academic institutions
through the athletic associations in which they belong. Each school also have their own
student-athletes who are honed by their skills to battle for their respective field of sport.
Triumph is always an aim for schools because they want to have an additional
reputation and also be prominent for being a powerhouse of a certain contest. Due to
the aspirations of the member schools belonging to a particular sports association,
obsession in winnings is hard to be prevented and as a result, schools are doing acts
that will help them to be dominant in overcoming other schools in the competition.
One of the most hot-button issues that occur in line with the system of different athletic
associations is the commercialization of student-athletes. Due to the flow of money in
the sports industry, many educational institutions are being recognized for doing
actions on getting advantage of a student-athlete by providing them benefits.[rrl
69] The system in sports competitions can be annihilated by means of the existence
and practice of student-athlete commercialization. There can be an eventuality that the
true definition of love for sports will be weakened if commercialization is allowed to
continuously exist in the collegiate sports which will definitely have an effect to all those
in relation to the different athletic associations.
An article of the Sports Digest takes on a view over the evolving commercialization in
sports and to the matter of course of the student-athletes who are foremost affected by
the controversial issue.
When sport becomes overly commercialized, non-moral values such as money,
celebrity and success can influence normative decisions. Unfortunately, when these
values become central to sport, the way is opened up for non-normative actions such as
bending of the rules, outright cheating, and exploitation of athletes. Sport at all levels
has thus become a corporate entity that transmits economic, rather than ethical,
values. [10]

College could never been inspiring without the will of its own students to bring the best
for their schools through a promising and loyal manner of achieving such reputation.
In the Philippines, the commercialization of student-athletes has already been rampant
and still continues to reach on its peak. Philippine Sports is a major event that people
are awaiting for especially college sports. The commercialization of collegiate athletics
has also been practiced for a long time in the United States of America. According to
Shropshire as cited by Mitten, The concept of amateurism has been a hypocrisy
masking the reality of American interscholastic athletics from its earliest
moments. It is notable that the first of this countrys intercollegiate sports
rivalries arose in 1852 antebellum America with crew competitions between
students from Harvard and Yale. Harvard rowing teams from 1850s onward were
known to participate for the payment of sums ranging from $100 to $500.[rrl 72]
Subsequent commonplace practices such as awarding athletic
scholarships covering the costs of student-athletes tuition, room, board, and
books that are worth thousands of dollars, hiring professional coaches (including
multimillion dollar salaries for Division 1 FBS and mens basketball teams) and
athletic trainers, recruiting talented athletes, and generating multimillion dollar
revenues from gate receipts, broadcast revenues, and sponsorships are notable
features of the commercialization of American intercollegiate athletics, which
belies the truth of its continuing self-characterization as amateur sports
competition.[rrl 72]
The base of sports competitions in the country is composed of the most prominent
colleges and universities. As such, avoidance of rivalry between institutions is a
challenge to tolerate. Two of the most prestigious athletic associations in the Philippines
where most of the well-known Filipino athletes are unfolded from are the UAAP
(University Athletic Association of the Philippines) and the NCAA (National Collegiate
Athletic Association).
The University Athletic Association of the Philippines was established in the year 1938
which serves as an athletic association housing eight member universities. These
member universities also compete in fourteen various sports field and alike basketball is
the most famous, anticipated and corroborated among all the other sports.[11] In the
other hand, the National Collegiate Athletic Association of the Philippines is the oldest of
all the athletic associations in the Philippines. It is an athletic association composed of
ten colleges and universities in the country. [12]

Almost the same exploitation occurs in both of the latter athletic associations depending
on the sport expected by many people to have an interest of.
Because of the great privilege to play on a conspicuous athletic association that
are eyed by the whole nation, many people especially students are striving to be in line
with the athletic association to play for their own passion in sports. In a wide array of the
youth who are wishing and attempting to be a member of the institution that they want to
be part in, there is eventually a contrast between those deserving to be student-athletes
and also those otherwise. Belonging to an institution capable of participating in the
athletic associations is not an instant act to be done by promising student-athletes.
Student-athletes are restricted of playing immediately due to the residency rules
imposed by different athletic associations the UAAP. In relation with the residency
requirement altercation, the UAAP fabricated its own rules and regulations regarding the
subject matter:
"RESIDENCY REQUIREMENT
1.Transfer Students
From UAAP Member University
1. An undergraduate transferee who is an athlete (regular or training team) from a
UAAP member University must establish two (2) years meaning 730 calendar days of
continuous residency in such Member University.
2. The resident years of an athlete will be counted as two (2)
3. playing years if he/she transfers to another Member University.
4. Athletes who transfer from a UAAP Member University to another UAAP Member
University shall only be required to establish one-year residency instead of two (2) years
if such athletes are voluntarily released with a written clearance by the concerned UAAP
Member University.
From Non-UAAP Member University
1. No undergraduate or high school transferee from a non-UAAP Member University
shall be allowed to play in the UAAP unless he/she has established one (l) year
residency, it being understood that the one-year residency is equivalent to three
hundred sixty five (365) calendar days of continuous residency in such university.
2. Except for those who re-enroll in the same university, athletes who stop schooling
for two (2) or more years must establish one (1) year residency in a Member University
before being allowed to play in the UAAP. ln such case, the year of residency shall not
be counted as a playing year.
3. Athletes pursuing a second bachelor degree or its equivalent in another university
shall establish a one (l) year residency before being allowed to play in the UAAP and
subject to compliance with the UAAP eligibility requirements.
4. For UAAP eligibility purposes, a high school graduate who is enrolled in a
vocational course after high school graduation is considered to have stopped schooling.
lf a high school graduate enrolls in a vocational course in a UAAP Member University
and transfers to another Member University degree program, he/she must establish a
one (l) year residency before he/she will be allowed to play in the UAAP, regardless of
whether he/she has spent less than two (2) years in the previous vocational course.
5. An athlete who is in the process of establishing residency requirements in the
UAAP shall not play for another team in any league; otherwise, an additional one (1)
year residency shall be required. Such athlete may play for his/her own university
outside the UAAP.
6. An athlete proven to have played for another team in violation of Rule:(e) above
shall be prohibited from playing for one (l) calendar year starting from the time he/she
last played for such team. The player suspension of (l)year shall be counted in his/her
playing years in the UAAP.
7. No residency requirement will be imposed to an athlete whose team has been
disbanded by his/her UAAP Member University and who transfers to play for another
UAAP Member University"[13]

Due to the residency requirement imposed by the UAAP, student-athletes are hindered
of their wish to play immediately. There are several cases of student-athletes who
experienced obstruction to perform in the playing field due to the imposition of residency
rules that affected them. The controversial issue have consequently affected many
promising student-athletes as in the case of swimmer Mikee Bartolome who became a
victim of the imposed rules of the UAAP with respect to residency. Bartolome was
prevented for competing for 2 seasons when she moved from high school to college
from the University of Santo Tomas to the University of the Philippines. Thereupon after
being circumscribed, she said accordingly that "the rule is not relevant to Filipinos and
also unconstitutional as well as unsound for being inhumane and imperious." [14]
Another student-athlete deeply affected is the uprising basketball prospect Jerie Pingoy
who was not able to start his playing career upon transferring from his alma mater FEU-
FERN to the Ateneo de Manila University.
Many concerns have been raised for their devotions on what is happening with the
method on how sports competitions in the country run in the midst of varying athletic
associations. This problem propelled Senator Pia Cayetano who is also a student-
athlete back in her college years by being the captain of the varsity volleyball team of
the University of the Philippines for proposing the Senate Bill 2226 or also known as the
Student-Athletes Protection Act of 2014.
According to Cayetano, "Athletes thrive during competition. And to deprive an athlete of
this, to bench them for a significant period, could be damaging to their physical
development as well as their emotional and mental state." [15]

The bill was also proposed for the protection of the rights of those who are not eligible to
play instantaneously who most and foremost the student-athletes. Being deprived of
any action to take is a verge of disrespecting the constitutional provision on bill of rights.
Therefore, inhibiting student-athletes to compete for them to express their admirations
due to the rulings of an athletic association should be upholded.
In account with the protection of student-athletes, Cayetano also introduced Senate Bill
2166 or the Magna Carta for student-athletes which provides for their rights and also in
response to the controversial issue of commercialization. Stated in the bill is that,
All student-athletes will be given several rights while being protected from unethical
and unfair practices like abuse and violence, including the imposition of a residency rule
on transferring high school graduates. [16]

Everyone should have the right to a comfortable life which is free from any form
of disgrace when one is aiming for such act to be done. According to Bernas,
The constitutional protection of the right to life is not just a right to be alive or to the
security of ones limb against physical harm. The right to life is the right to a good life.
[17]
Having a careful critique with the bill will not only take effect on distinct athletic
associations but also to the certain organizations in the society who have their own
dominion and credence. Different organizations are respected by the state as provided
in art. 3 sec.15 of the Philippine Constitution concerning the role and rights of
independent peoples organizations. Organizations also possess some characteristics
which define them as said by Korten,
Organizations are defined by three characteristics :
a) a mutual benefit association that bases its legitimacy on the ability to serve its
members;
b) a democratic structure that gives members ultimate authority over its leaders; and
c) self-reliance so that its continued operations does not depend on external initiative or
funding. [18]

According to Buendia, these organizations are defined by three important
measures which are:
a) structure, which defines how members relate to one another;
b) purpose, or the objectives or aims of the organization;
c) membership basis, which defines who are those who belong to these organizations.
The terms associated with structure are associations or groups, with purpose, public
good, welfare of members, and with membership basis, basic sectors, common
bond, citizens, voluntary and spatial."[19]

The Universal Declaration of Human Rights says that people have the right to make its
own decision making without the interference of the government. As provided by the
right to privacy, it also protects the correspondence of people, its records and also
property from the government. [20]

An athletic association such as the UAAP aims to regulate the rules for the
overall welfare of the student-athletes and also to have a smooth flow of sports
competitions.
"Without discrimination, sports organizations should have the capability of meeting the
legislation of human rights to have an equality on the facilities, programs and services in
almost all cases." [21]

Organizations are made through different ways and the power to decide still comes from
its members. Aside from being established through the contemplation of law,
organizations are made through the by-laws. By-laws are powerful as the organization
is controlled by its people. It allows a certain organization to be self-governing on
matters relating to their goals and aspirations.
"A by-law is a rule or law established by an organization or community to regulate itself,
as allowed or provided for by some higher authority. The higher authority, generally a
legislature or some other governmental body, establishes the degree of control that the
by-laws may exercise. By-laws may be established by entities such as a business
corporation, a neighbourhood association, or depending on the jurisdiction, a
municipality." [22]

Express freedom is acquired by organizations once they have already formed their
group and this empowers them to protect their concerns. To exercise this opportunity,
organizations take advantage of making their own ground rules to be advertent of
promoting their special interest in the society.
Athletic associations are composed of various schools and universities and each
institution are also vested with the constitutional right of academic freedom. Academic
freedom provides institutions the right to decide on matters that will help for their
development and contributions to the society. According to MacIver as cited by
Fernando, Essentially, the university is a company of scholars and learners,
teachers and students. It is a guild serving the community, and while it serves
more immediately the region to which most of its students and teachers belong, it
serves also the whole of mankind.[rrl 70]
In Garcia vs Loyola School of Theology as cited by Pabiton, the Supreme Court
of the Philippines explained academic freedom that is recognized by the
Constitution which includes: (a) the right of the faculty to conduct
research in his or field of expertise and publish the same; (b) the institutional
autonomy from outside coercion or interference; and (c) the autonomy to choose
its students.[rrl 71]Ateneo Law journal
The State cannot interfere with any academic institution on matters relating to the
policies to be grasped by the school. In the case of members of an athletic association,
they have the right to make action that will matter for the welfare of their student-
athletes. In the case of Lupangco vs. Court of Appeals as, it shows that when an
academic institution, which includes in its definition review centers, has adopted
a method of instruction to aid its students in passing the Certified Public
Accountants Board Examination, the State should take a conservative approach
and not to interfere with the academic institutions methodology.[rrl 71]Ateneo
Law Journal
A law is so much powerful as it is implemented to the sovereign of the government.
Laws are made to bring solutions to the problems of the society pertaining to its general
well-being. Having such statutes will bring good for the people but such law should not
be too much excessive on its stipulations. Having such overbroad law will result into a
disarray to the constitutional provisions applied to an entity particularly the role and
rights of peoples organizations and also to the academic freedom of educational
institutions.
B. Conceptual Literature
The two year residency rule and the commercialization affect the student-athletes
in such a way that they cannot harness their skills due to stagnancy. They cannot
practice and apply the skills that they possess because they cannot play for the
school or university they want to play for. With the two year residency, it will
slowly destroy a student-athletes future. In terms of commercialization according
to this American Article written by Matthew Zhu talking about student
commercialization :

While student-athletes are the product that makes billions of dollars annually,
they are often left in the dust when it comes to their overall well-being. They are
falsely treated similar to professionals, but paid nothing. Student-athletes are
given a pretense that academics will not matter, but for the vast majority of them,
it will. Besides the few years of fame, the commercialization of college sports
harms college athletes, for the most part, while benefitting administrators,
schools, and, somewhat, the students.[rrl 68]
Indeed, they are not benefited from the commercialization with the fact that they
are given with extra benefits and luxuries but they are not compensated with the
amount of money that they really deserve. It is because that they are still student-
athletes not professionals athletes, they are being taken advantage by the
schools and other entities involved to earn more. It is also implied that it destroys
the amateur nature of sports at the same time collegiate leagues will appear are
not to be used as entertainment with competitive sports but more of source of
income and monopoly of talented student-athletes.

Another indirect effect of commercialization of student-athletes is, there is always
a special treatment because such athlete is a treasure in an academic institution
to acquire victory.
Student-athlete commercialization is seen as a destructive process of carrying out the
system of collegiate sports. The protection of student-athletes from restrictions imposed
on them is a serious concern and thus shall need to be solved in order to maintain the
amateur nature of college sports. In spite of the passage of the bill pertaining to the
protection of student-athletes, such bill stays to be enacted due to impediments on
making harmony that affects athletic associations such as focusing on the role and
rights of peoples organizations and the academic freedom given to educational
institutions.
Due to the practice of offering excessive benefits by some schools just to lure
athletes into transferring to or staying with them, Senator Pia Cayetano called out
the athletic associations mainly responsible for its member schools in doing
such action. Cayetano believes that certain instances occur thats why student-
athletes transfer such as the given scholarship with benefits. The senator
invoked this as she distinguished the right of student-athletes to enroll in the
school of his or her choice.
"I have nothing against people earning money from sports, but not when you're a
student athlete," Cayetano said. "We have to self-regulate. My challenge is to call
it a student athletic association, not a commercial league."
She also added that the reason for having commercialization is that the parents
are allowing their children to be treated as subject of commercialization and
because there are also other benefits given without the amounts being disclosed
[rrl 28]
There are local sports leaders who welcomed the proposed Senate Bill 2226 or
the Student-Athletes Protection Act of Senator Pia Cayetano. Holy Cross of
Davao College (HCDC) sports director Rudy Salvador said some schools practice
commercialization just to win leagues and competitions. Salvador says, "Even
some schools extend an athlete's stay in their respective schools for the sake of
competition".
He said that Cayetanos bill will not only make a fair competition between the
schools but also provide a chance for the student-athlete to shine in their
respective field of sports. University of Mindanao (UM) sports director Joaquin P.
Sarabia, however, said that piracy of players usually happens in Manila.
According to him, athletes who transfer to bigger universities are usually offered
luxuries beyond ordinary. He also added, "I'm in favour for it to be implemented
because it will be beneficial for both the schools and athletes themselves.[rrl 73]
There are many supporters of the proposed bill on student-athletes
Protection act because they believe that it will be the answer for the full
protection of student-athletes as well as the key for ending up commercialization
in college sports. However, there are also some who are opposing to it because
they see gaps that will possibly occur in the event of it being enacted into law.
Fr. Ermito de Sagon, O.P., director of the Institute of Physical Education and
Athletics, was one of the persons who doubt that the proposed Student-Athletes
Protection Act could really prevent institutions from providing unwarranted
benefits to lure student-athletes.
I dont think this bill will solve the problem because any school or university can
deny the fact that they are giving excess incentives to their athletes, he told the
Varsitarian.
De Sagon also acknowledged about the two-year residency rule imposed by the
UAAP, saying that it already represents half of students college life. However,
he voiced out that the controversial residency rule will not be a burden for
student-athletes because they are given up to five years of playing in
competitions. De Sagon said the proposed bill should also consider the other
many reasons on why student-athletes are moving from one institution to
another.
Different athletes have different concerns. Sometimes it has something to do
with the athlete, or at times it has something to do with the parents. Therefore, we
must take into consideration the many possibilities concerning this issue, he
said. I dont think this bill will solve the problem because any school or
university can deny the fact that they are giving excess incentives to their
athletes.[rrl 74]
In his blog entitled Changing a Culture with a Law Toby Pavon, a law student
from Adamson University, he explained what big differences might be brought by
the enactment of the Student-Athletes Protection bill such as evident possibility
of having legal effects in the future. Pavon believes that there will be a big step on
altering of the culture in college sports. He also said that sports fans should also
be prepared for the new changes which will change the custom culture in college
sports.
Some might be bad, but what worries me is that some provisions will not
function the way they intend it to. Hopefully the future drafts of this law will close
the loopholes and that the implications the laws bring are the ones they intend to
happen. Will it make for a better UAAP? Who knows? [26]
In Bacolod, many athletic directors and officials including those who are from
private and public schools are seeing loopholes in the proposed Senate Bill No.
2226. It indeed has good intention to regulate and provide protection to student-
athletes in the country but there are things which should be cleared up in order to
be implemented efficiently.
Anthony Carlo Agustin, athletic director of West Negros University, said that he is
in favour of the provision which states that no residency requirement shall be
imposed on a high school student-athlete transferring to another high school or
to a college or university.
Although, he is unconvinced with the section which stresses that it will allow
schools to give deserving student-athletes tuition, board, and lodging, uniform
and equipment, as well as reasonable living allowance while it prohibits schools
from offering student-athlete or his immediate family members the benefits or
incentives beyond what is enumerated under Section 7.
Some thoughts are raised from Agustin questioning How can this proposed law
justify or prove that schools have already violated such provisions?
What is the allowed form of board and lodging for student-athletes and what is
the limit of so-called reasonable living allowance? And, finally, how can this law
determine if immediate family members of athletes got offers? Agustin
questioned.[rrl 75]
With reference to the constitutional right given to independent peoples
organizations, the freedom of these associations should be respected by the
state because the purpose of the UAAP is to merely regulate the rules and
regulations of the association for the welfare of the student-athletes. However,
the role and rights of organizations are not clearly absolute due to certain
limitations that must be observed for them to express their public interests.
According to Tiedeman, as cited by Barnett
"The conversation of private rights is attained by the imposition of a wholesome
restraint upon their exercise, such a restraint as will prevent the infliction of
injury upon others in the enjoyment of them.... The power of the government to
impose this restraint is called Police Power." [27]
The power of organizations to decide for their own in executing their public
interest is not arbitrary when it is no longer advantageous to those who may be
affected by such determination of organizations. For this, the inherent power of
the State which is the Police Power reigns for the proper implementations of
different organizations that should be for the public welfare.
Police power is the power inherent in government to enact laws, within
constitutional limits, to promote order and safety, morals and general welfare of
society. [28]
Any act oppressing the welfare of the vast majority of the people of the country is
covered under the command of Police Power and thus these organizations
should be monitored of what their concerns are about.
As cited by Aralar, "the Police power inherent to the state is should be answering
to the different matters of society and also be flexible." [29]
Actions such as infringement of the policies of the government are to be
suppressed for the prevention of conflict in the correspondence between the
state and its people.
There are organizations in the country which interests are mainly harsh
and also detrimental to the well-being of the whole nation such as insurgent
groups like the NPA (New Peoples Army).
The NPA is a Communist rebel group that seeks to overthrow the Philippine
government and replace it with a national democratic alternative through
protracted peoples war, with guerrilla warfare the main form of warfare in the
early stages. It falls under the leadership of the CPP and forms part of the
National Democratic Front of the Philippines (NDFP), the political wing of the CPP
and an umbrella organization of all the national democratic mass organizations.
[30]
By looking into the purpose of the NPA, they have their own advocacy of altering
and also controlling the State which is not complimentary to the many people and
thus the Police Power of the State is on the side of not tolerating such actions to
arise.
According to Agpalo, Liberty is a blessing without which life is a misery, but
liberty should not be made to prevail over authority because then society will fall
into anarchy." [31]
A bill proposed for the protection of the rights of student-athletes is a
major step for maintaining the proper system of collegiate sports in the country.
It will aid the inspirations of the student-athletes to play for their respective
sports while representing the school of their preference. There is no doubt that
the participating schools agreed with the residency rule because it is their
academic freedom to see their students not only athletically but also
academically so that they can also contribute for the gradual improvement of the
country. Although institutions are given the academic freedom to settle matters
relating to their own policies such as sports related programs, such right is not
tyrannical.
Freedom generally is considered to be the absence of external constraint
brought about by violence, bonds etc., while at the same time retaining the
internal capacity for self-determination.1 When any such external constraint does
occur, a kind of external physical necessity takes place which is opposed to that
natural external liberty of self-determination which is called freedom of
spontaneity. [rrl 76]
According to Theodore Hall, O.P, Academic freedom, consequently, is not
an unlimited but a qualified freedom. In the hierarchical structure of
truth and freedom it plays at times a superior role and at other times a
subordinate role.[rrl 76]
The right of academic freedom is deemed to nurture the whole
academe with the full grasp of expounding wisdom which will endure
for attaining the mission and vision of a certain institution. Whereas
the academic freedom is seen as an arbitrary power empowering
educational institutions, it shall also be monitored for on its
predominant nature.
According to Olson, Academic freedom is a right we should all
cherish because it ensures an environment of free inquiry. That is
precisely why we must guard against attempts to make the concept
so limitless, so capacious, that it loses its power to protect the
academic enterprise. When academic freedom becomes all things to
all people, then it becomes nothing at all.[rrl 77]
While there are instances wherein the role and rights of peoples organizations
should be respected by the State as well as the power of academic freedom is
concerned but consequently prevailed over by the Police power of the state,
coherence may conducively attain a proper system of control in the society. "A
person may become a victim of slavery should the authority of the state will
prevail over liberty. "[36]
Chapter III
Research Design
A. Research Framework
B. Research Methodology
The analysis of the senate bill 2226, An Act Protecting the Amateur Nature of
Student-Athletes in the Philippines by Regulating the Residency Requirement and
Prohibiting the Commercialization of Student-Athletes and the corollary issues
introduced is a way for response to the main issue of the research. By evaluating
the main issue, the research comes up with a review of related literature which is
split into theoretical and conceptual. These parts of the review of related
literature are put into a system which is also divided into four parts to be able to
define the entire research process. The divisions are mainly, the input, process,
output and also the outcome. Each division connects with each other and serves
as steps for the proper system of research.
In criticizing the constitutionality of Senate Bill No. 2226 also known as the
Student-Athletes Protection Act of 2014, the researchers embraced the qualitative
type of research through usage of examples, concentration on the significance of
the issues and also generating a thorough critique in a way of approach to the
study. Qualitative research is an approach for exploring and understanding the
meaning individuals or groups ascribe to a social or human problem.[38] By
using such approach, varying concerns of the distinct sides are conducted in the
research.
The research also utilized the Transformative Philosophical World
view in the evaluation procedure of the research. Under the Transformative
Worldview, it defines that the whole research study should be in line with the
government policies to be able to answer for the various queries of the
society.[39] The foundation of the research are mainly based through specific
issues need to be addressed that speak to important social issues of the day,
issues such as empowerment, inequality, oppression, domination, suppression,
and alienation.[40]
To have an express direction in doing the research, two types of inquiry are used
under the qualitative method which is the Grounded Theory and Case
Studies. Under the Grounded Theory, the process involves using multiple
stages of data collection and the refinement and interrelationship of categories of
information.[41] In the other hand, Case Studies provide an elaboration of a
comprehensive subject pertaining particularly to the valuation process. Time and
event also determines the cases as well as the data gathered through distinct
forms of collection.[42] To add, the entire study is circulated by data allocated
from different sources by means of various forms such as emerging approaches,
text, observation and document data, themes, and pattern interpretations.