Anti Game-fixing Act

Sennie TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 10 P3:06 SENATE RECEIVED DY S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROHIBITING GAME-FIXING AND • PROVIDING PENALTIES FOR VIOLATIONS THEREOF EXPLANATORY NOTE The Constitution recognizes the importance of sports as it prescribes the State to give priority to it to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Moreover, it instructs the State to encourage sports programs, league competitions and amateur sports to foster self-discipline, teamwork and excellence for the development of a healthy and alert citizenry. Sports figure prominently in the Filipino way of life. In almost every barangay, there is a makeshift basketball court, wherein players hone their skills and develop camaraderie along with other positive attributes. In every fiesta celebration, there will certainly be sporting events which not only unite the people but also instill unto participants values of perseverance, resilience and discipline, among others. The younger generation looks up to basketball superstars and sports champions as their idols and heroes, whom they aspire to become someday. It is therefore imperative that the true spirit of fair play and athletic excellence be upheld, and the integrity of sports activities be preserved and be protected against dishonesty and corrupt practices.

This proposed measure aims to define game-fixing and declare such as unlawful. It also prescribes severe penalties, including life imprisonment, payment of hefty fines, and perpetual disqualification from participation in amateur and professional sports, for violators thereof. It must be noted that during the pandemic, it was observed that incidents of match-fixing rose and that syndicates behind such illegal operations "diversified" into new areas which targeted vulnerable teams, players and officials who suffered financially because of the implementation of novel Coronavirus restrictions. In the 19th Congress, the Committee on Sports, and Games and Amusement conducted hearings on this legislative measure where various machinations being employed in different sports, which disregards professionalism and instead prioritizes moneymaking, were revealed. In the 2025 budget deliberation, this Representation raised the growing concern on game fixing, particularly in amateur and professional basketball leagues, to the Games and Amusement Board. Indeed, there is a need for an effective legislation to address this matter. The immediate passage of this legislation is earnestly sought. JINGGOY EJERCITO ESTRADA

Senaie eir olice TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 10 P3:06 SENATE RECEIVED BY. S. No. - Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROHIBITING GAME-FIXING AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF 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

2 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. 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 act, wherein any person or persons, maliciously conduct or cause to be conducted any professional or amateur sports others 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 pre-determined 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 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

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 wilfully 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 act specified in Sections 3 and 4 of this Act.

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

amateur sports. 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 school athletic associations, whereby the participant is engaged largely or entirely without remuneration.

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

2 found 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 (P1,000,000.00) but not more than Five million pesos (P5,000,000.00), or both at the discretion of the court shall be imposed upon any person, other than those referred to in subparagraphs 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 not less than One million pesos (P1,000,000.00) but not more than Five million pesos (P5,000,000.00), or both at the discretion of the court when the offender is an athlete, promoter, referee, umpire, judge, or coach; c) The penalty of life imprisonment or a fine of not less than Ten million pesos (P10,000,000.00) but not more than Fifty million pesos (P50,000,000.00), or both at the discretion of the court, when the offender if a member of a syndicate as defined in Section 5 of this Act; d) The maximum penalty provided under this Act shall be imposed: 1) 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; 2) If the offender is the partner, president, director, manager, trustee, estate administrator or officer of a partnership, corporation, association or any juridical entity, who directly participated, consented or knowingly tolerated the game-fixing shall be held criminally liable as a principal; and 3) If the offender is an alien, deportation shall be imposed only after the service of sentence. e) The liability of students who are minors found to have violated any of the offense defined herein shall be limited only to administrative liability pursuant to the disciplinary rules and regulations of the school or institution which they belong.

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

2 penalty of imprisonment from one (1) year to three (3) years, or a fine of not less 3 than Five hundred thousand pesos (P500,000.00) but not more than One million 4 pesos (P1,000,000.00), or both at the discretion of the court shall be imposed upon 5 any person who proposes, attempts, or conspires to commit game-fixing.

Sec. 9. Perpetual Disqualification from Participation in Amateur and

7 Professional Sports, - The following persons shall be perpetually disqualified to 8 participate in any competitive sport: a) Those engaged in professional sports if convicted by final judgment of 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 Amusements 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 GAB 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. GAB shall also institute measures and mechanisms, through employment of proven technologies and establishment of linkages and partnerships with other government authorities, private sector, sports associations, and other stakeholders, to monitor and detect suspicious activities and unfair practices indicative of game-fixing. 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 disqualify athletes, coaches, and officials from being nominated for, or from receiving, any award pursuant to Republic Act No. 8757, otherwise known

as the "Philippine 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 officials from their respective rosters; d) Athletic associations shall disqualify athletes, coaches, and other sports officials from participating in any inter-school athletic programs and competitions; and, e) Schools shall disqualify athletes, coaches, and sports officials from representing the school in any sports event. The concerned agencies shall coordinate and monitor the strict 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 exempt from any liability for game-fixing, and may be admitted to the Witness Protection Program under Republic Act No. 6981, otherwise known as the "Witness Protection, Security, and Benefit Act."

Sec. 12. Separability Clause. - If any provision of this Act is declared invalid

or unconstitutional, the remaining provisions not affected thereby shall continue to be in full force and effect.

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

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

Sec. 14. Effectivity. - This Act shall take effect fifteen (15) days following the

completion of its publication in the Official Gazette or in a national newspaper of general circulation. Approved,