Anti-fixing Act

Senate Difice of the sectarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session 26 JAN 27 P1:58 SENATE RECEIVED BY: S. No. 1699 Introduced by Senator MARK A. VILLAR AN ACT PROHIBITING GAME-FIXING AND PROVIDING PENALTIES FOR VIOLATIONS THEREFOR EXPLANATORY NOTE Sports in the Philippines is an important part of the country's culture. The country had already produced numerous champions that placed the Philippines as a leading nation in various sports categories. In recent years, the Philippines made its mark globally in several sports categories such as lawn tennis, figure skating, gymnastics, chess, weightlifting, and boxing among others. These achievements in sports displayed the Filipino traits of hard work and perseverance. However, there are people who, for profit, take advantage of the Filipino passion for sports. This illegal act known as game-fixing or manipulating, arranging or predicting the result of a sports contest through dishonest means, taints the spirit of Filipino sportsmanship. Through this unscrupulous means, the Filipino people's participation in sports in the spirit of fair play, is violated. Ultimately, the real victim in game-fixing is not those who put out their bets, but the Filipino athletes and their belief in Philippine sportsmanship. The 1987 Constitution, Article II Section 17 provides that the State shall give priority to sports, among others, to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

To enforce this constitutional mandate, this bill seeks to provide a clear definition of the illegal act of game-fixing, alongside the provision of a higher penalty for the offense. Further, this bill will expand the covered sports against game-fixing thereby including electronic sports herein, amending Presidential Decree No. 483. In view of the foregoing, immediate passage of this bill is earnestly sought. MARK A. VILLAR RDC

Senato Office of the saracetarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) JAN 27 P1:58 SENATE RECEIVED BY: S. No. 1699 Introduced by Senator MARK A. VILLAR AN ACT PROHIBITING GAME-FIXING AND PROVIDING PENALTIES FOR VIOLATIONS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti Game-Fixing Act."

Sec. 2. Declaration of Policy. - It is the policy of the State to promote the

growth and development of sports in the country and protect the youth from the influence of persons who, through fraudulent schemes, machinations and other nefarious practices, undermine the true spirit of sportsmanship and taint the fair and competitive conduct of sports in the country. Towards this end, the State hereby declares game-fixing, point-shaving, and game machinations in any sports competition unlawful, and imposes severe penalties on these acts to discourage the commission thereof and to promote the values of excellence, fair play, and integrity in Philippine sports.

Sec. 3. Definition of Game-Fixing. - Game-fixing in any professional or amateur

sports is hereby declared unlawful. Game-fixing refers to any arrangement, agreement, scheme, or act or series of acts, wherein any person or persons, maliciously conduct or cause to be conducted any professional or amateur sports other than on the basis of the honest playing skill or ability of the players or participants or even deliberately limiting the skill or ability of any player or

• : participant in a game, race, or sports competition in order to influence the process or to produce a predetermined result for purposes of gambling, betting, or as part of a scheme to defraud the public on the conduct and outcome of the game. While proof of actual payment or receipt of money or any valuable consideration is not a requirement to constitute the crime of game-fixing, it shall, however, be deemed a prima facie evidence of its commission.

Sec. 4. Other Forms of Game-Fixing. - Game-fixing shall likewise include the

8 following acts: a. Point-shaving refers to any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, race or sports competition to make points or scores shall be deliberately limited to influence the result thereof in favor of one or the other team, player or participant therein; b. Game machinations refer to any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, race, or sports contest; and C. The act of willfully abetting, aiding, or inducing any person to commit game-fixing and profiting therefrom.

Sec. 5. Game-Fixing by Syndicate. - Game-fixing is deemed committed by a

syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another to perform the acts specified in Sections 3 and 4 of this Act.

Sec. 6. Covered Sports. - Game-fixing may be committed in professional or

amateur sports including professional e-games. For purposes of this Act, professional sports shall refer to individual or team sports, games, contests, bouts, tournaments or competitions whereby the participating athlete is paid sums of money or other forms of compensation as regular salary or prize for participation. Amateur sports shall refer to individual or team sports, games, contests, bouts,

tournaments or competitions, including collegiate leagues conducted by the public or private schools athletic associations, whereby the participants are engaged largely or entirely without remuneration.

Sec. 7. Penalties. The following penalties are hereby imposed on persons found

5 guilty of game-fixing as herein described. a. The penalty of imprisonment from three (3) years and one (1) day to six (6) years, or a fine of not less than One million pesos (Php 1,000,000.00) but not more than Five million pesos (Php 5,000,000.00), or both at the discretion of the court shall be imposed upon any person, other than those referred to in sub-paragraphs b, c, d, and e, found guilty of any offense defined herein; b. The penalty of imprisonment from six (6) years and one (1) day to twelve (12) years or a fine of not less than One million pesos (Php 1,000,000.00) but not more than Five million pesos (Php 5,000,000.00), or both at the discretion of the court, when the offender is an athlete, promoter, referee, umpire, judge, or court; c. The penalty of life imprisonment or a fine of not less than Ten million pesos (Php 10,000,000.00) or both at the discretion of the court, when the offender is a member of a syndicate as defined in Section 5 of this Act; d. The maximum penalty provided under this Act shall be imposed: i. If the offender is a public officer, whether elected or appointed. The accessory penalty of perpetual disqualification from holding any public office or employment shall likewise be imposed; ii. If the offender is the partner, president, director, manager, trustee, estate, administrator or any juridical entity, who directly participated, consented or knowingly tolerated the game-fixing shall be held criminally liable as a principal; and

ili. If the offender is an alien, deportation shall be imposed only after the service of sentence. e. The liability is an alien, deportation shall be imposed only after the service of sentence.

Sec. 8. Proposal, Attempt, Conspiracy to Commit Game-Fixing. - The penalty of

6 imprisonment from one (1) year to three (3) years, or a fine of not less than Five 7 hundred thousand pesos (Php 500,000.00) but not more than One million pesos (Php 1,000,000.00) or both, at the discretion of the court shall be imposed upon any person 9 who proposes, attempts, or conspires to commit game-fixing.

Sec. 9. Perpetual Disqualification from Participation in Amateur and Professional

11 Sports. - The following persons shall be perpetually disqualified to participate in any 12 competitive sport: a. Those engaged in professional sports if convicted by final judgment or game-fixing; and b. Those engaged in amateur sports if convicted by final judgment for the second time. The Philippine Sports Commission (PSC), Games and Amusement Board (GAB), Department of Education (DepEd), Commission on Higher Education (CHED), and other concerned agencies shall be served copies of the decision and order the disqualification of a person from participating in whatever capacity in any sports in the country.

Sec. 10. Roles of Concerned Agencies. - The following agencies and

instrumentalities are mandated to perform the following tasks: a. The GAB shall revoke the license of professional athletes and other sports officials. The provisions of this Act notwithstanding, the Games and Amusement Board, may in a separate administrative proceeding, suspend or revoke the professional license of any person found guilty of violation of other applicable laws, rules and regulations;

b. The PSC shall remove athletes from the national team, including coaches and other sports officials, ban athletes from participating in all PSC- organized and sanctioned amateur sports competitions, and disqualifying athletes, coaches and officials from being nominated for, or from receiving, any award pursuit to Republic Act No. 8757 or the "Philippines Sports Hall of Fame Act", or any award that may be given in the future c. The DepEd shall ban primary and secondary level student-athletes including coaches and officiating staff, from participating in the Palarong Pambansa and other DepEd-sponsored, sanctioned, or organized sports events or competitions; d. The Philippine Olympic Committee and the National Sports Associations shall remove athletes, coaches and other sports officials from their respective rosters; e. Athletic associations shall disqualify athletes, coaches and other sports officials from participating in any inter-school athletic programs and competitions; and f. Schools shall disqualify athletes, coaches and other sports officials from representing the school in any sports event. The concerned agencies shall coordinate and monitor district implementation of the accessory penalty provided under Section 9.

Sec. 11. Witness Protection. - Any person who voluntarily discloses the

commission of game-fixing, or testifies, or assists in the prosecution thereof, shall be 24 exempt from any liability for game-fixing, and may be admitted to the Witness 25 Protection Program under Republic Act No. 6981, otherwise known as the "Witness Protection, Security, and Benefit Act."

Sec. 12. Separability Clause. - If any part, portion or provision of this Act is

declared unconstitutional or invalid, the portions or provisions which are not affected 29 shall continue to be in full force and effect.

Sec. 13. Repealing Clause. - The pertinent provisions on game-fixing, point-

2 shaving and game machinations in sports contests under Section 1, 2, 3, and 4 of Presidential Decree No. 483, as amended, and under Section 1 of Presidential Decree 4 No. 1602, are hereby repealed. All other laws, executive orders, issuances, decrees, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.

Sec. 14. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) newspapers of general circulation in the Philippines. Approved,