Prohibition of student-athletes commercialization through alteration of residency requirements: a study on the constitutionality of 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)

• Main Authors: Portugalete, Paolo A., Reyes, Andrenel P.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: College athletes > Legal status, laws, etc > Philippines; Legal Studies
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/6538
• Institution: De La Salle University

In the midst of the 16th Congress of the Philippines, Senator Pia Cayetano proposed the Senate Bill 2226 or known as the Student-Athletes Protection Act of 2014 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. The rationale behind the push through of the bill is the University Athletic Association of the Philippines' (UAAP) imposing of the two year residency rule where it requires that no residency requirement shall be imposed on a high school student-athlete transferring into another high school or to a college or university. While 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 respective athletic associations. In addition, it also prohibits schools from offering a student-athlete or his immediate family members, benefits or incentives which may be contrary to the nature of amateur sports and which may intend to result in commercialization of a student-athlete. Senator Pia Cayetano addressed her concern with regards to the student-athletes who have experienced on being a subject of commercialization and have served the heavy load of the residency rule. She also believes that her proposal will preserve the concept of amateurism of student-athletes and cease the issue of commercialization in the country. Commercialization of student-athletes is an unfavourable act by any party involved in an arrangement with another party by making a student-athlete the subject in account of benefitting themselves. It is one of the main causes of deprivation on the side of student-athletes which give restrains on their opportunity and capability to play. Furthermore, the Philippine Constitution and other laws do not recognize it as any operation punishable and having any penalty. If conceivably Senate Bill 2226 will be passed into law to give satisfaction to the student-athletes and others concerned who are waiting for a change in the rules, there could also be apparent disarray among the rights of those who are covered by the bill. To be given emphasis is the provision of the Constitution with reference to the role and rights of independent organizations and likewise the academic freedom administered to an institution. The researchers have considered the fact the the Constitution is so dominant and therefore could not be efficiently contravened. Thus, athletic associations as well as the academic institutions have also their privilege to be autonomous on their peaceable decisions. The state cannot derogate unless there is a probable peril to human life and to the whole society. In providing justice, the government makes it fair as possible for all. The Student-Athletes Protection Act of 2014 distinctly favours the student-athletes but it shall also be the government's role to maintain equilibrium between the individualities and other entities concerned by giving deliberation on the power mandated to them by law and to guarantee that there will be no outgrowth of curtailing rights.