Non-commercialization of student-athletes

Dear PAO, I am a student-athlete i n our school and a graduating senior high school student. I am being recruited by some universities to join their school. I got struck with a particular school that is offering me such as car, condominium unit and salary, in addition to free tuition and board and lodging, in order for me to choose them. Is this mode of enticement legally allowed? Sincerely yours, Omar

Dear Omar,

The law that addresses your situation is Republic Act 10676, or the Student-Athletes Protection Act, Sections 5 and 6 of which provide:

“Section 5. Benefits and Incentives.— Schools may grant a deserving student- athlete the

(a) Tuition and miscellaneous school fees including books and other learning materials; (b) Full board and lodging; ( c) School and athletic uniforms including supplies, equipment and paraphernalia;

(d) A reasonable regular monthly living allowance, the amount of which shall be set and standardized by the athletic association

(e) Medical examinations and consultations, emergency medical services, life and medical insurance and other reasonable further enhance the academic and athletic performance of the student-athlete; and

(f) Other reasonable and similar benefits that would further enhance the student-athlete’s academic and athletic performance.

Section 6. Commercialization of Student- Athletes— Schools shall not offer a student-athlete or the immediate family members benefits or incentives beyond those enumerated under Section 5 of this Act which are contrary to the nature of amateur sports and which may result in the commercialization of a student-athlete.” [Emphasis supplied.]

Relatedly, any violation of the above- mentioned law shall be meted with a penalty pursuant to Section 8 (f), which reads:

“(f) Sanctions and penalties.— Upon notice and hearing, the DepED [Department of Education] or the CHED [Commission on Higher Education] may impose the appropriate penalties under relevant laws, rules or regulations, including: (1) On erring schools: Any violation of the provisions of this Act shall be punishable by suspension from participating in the athletic organization/s and/or thousand pesos (P100,000.00) to one million pesos (P1,000,000.00) depending on the gravity of the offense; and (2) On erring athletic associations: Any violation of the provisions of this Act shall be punishable by a fine ranging from one hundred thousand pesos (P100,000.00) to one million pesos (P1,000,000.00) depending on the gravity of the offense.

The availment of remedies under this Act will not preclude the complainant from seeking further recourse from the courts of law.” (Emphasis supplied)

It is clear from the provisions stated above that student-athletes as limited by those stated in the law. This is to prevent commercialization of student-athletes, which would clearly defeat the very essence of amateur sports.

In your situation, any offers law would be illegal. Hence, any school engaged in the practice can be prosecuted and may be meted with a penalty of suspension from the athletic amount of which will depend on the gravity of the offense.

- tion that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.