by: Mickey Ingles (originally published in Spin.ph)

THE word “professional” is thrown around in sports a lot. We all know that tito, uncle, or God-forbid I’m-revealing-my-age, kabarkada who boasts that he could’ve turned pro if not for this or that. Yes, tito, you could’ve turned pro with your 30% free throw percentage. Of course you could. 

But kidding aside, the word ‘professional’ has two big legal implications in Philippine sports law. 

First: GAB Registration and Jurisdiction

The first legal implication is mandatory registration with the Games and Amusements Board (GAB). GAB is the government agency tasked with regulating and supervising professional sports in the country. It was created by law in part to promote professionalism, prevent illegal game practices (like illegal betting and match-fixing), and supervise the operation and conduct of professional sports and their participants. Aside from regulating professional sports, GAB also supervises horse races and cockfighting.

As part of its regulatory functions, GAB requires organizers of professional sports to apply and secure a permit, along with the payment of the necessary fees. Under Presidential Decree No. 871, it is illegal for any person, entity, or association to conduct professional games without a permit issued by GAB. Professional athletes must also secure a GAB license before engaging in professional sports.

The question though is, how do you know if an athlete is “professional” or not and therefore must register with GAB?

In October 2020, the Philippine Sports Commission (PSC) and GAB issued a Joint Resolution defining what a “professional athlete” is. The Joint Resolution was issued to clarify who could return to organized sports during the pandemic, because, in those dark times, only professional sports could resume their leagues and games. 

Under the Joint Resolution, “professional athletes” referred to any athlete who is paid a sum of money for participating in a sport, excluding, however, any token amounts for uniforms, lodging, transportation, and other training expenses.

“Professional sports or competitions,” in a nutshell, referred to sports where professional athletes participated or competed in or those that are conducted for profit.

The Joint Resolution brought clarity to the then-murky situation of who’s considered pro and who’s not. With that clarity, it is now easier to determine if an athlete or a league is professional and must therefore register with GAB.

Second: Amateur Status and Eligibility 

The second legal implication is on student-athlete eligibility. 

Collegiate sports season is just around the corner. With teams finalizing their rosters, the issue on whether a student-athlete has turned pro and therefore loses his amateur status will surely be a hot topic.

The general rule and consensus for inter-school sports associations like the UAAP and the NCAA is that only amateurs can participate. But how do you define amateur or professional in the context of the UAAP and the NCAA?

As private associations running their own private competitions, the UAAP and the NCAA are free to craft their own definitions of what a “professional” is for purposes of determining the eligibility of their student-athletes. While these athletic associations are given the freedom to make their own rules, these definitions must still be reasonable and just, keeping in mind the spirit of inter-school athletic competitions.

The UAAP rules state that a student-athlete must maintain his or her amateur athlete status. The rules also state the instances when one loses that amateur athlete status (and is presumably seen as a “professional” by the UAAP), to wit:

1) When one has used his or her sport skill or athletic skill in an athletic contest for financial remuneration.

2) When one joins any draft pool in any professional league or professional sporting event.

3) When one is officially included in the lineup of a team in a professional league or sporting event or commercial league not in a team.

Note that if a student-athlete participates in a pro league as part of the national team, then he or she does not lose his amateur status. He or she can still suit up for a school in the UAAP. Also keep in mind that student-athletes are free to rake in endorsements from their names, image, and likeness, because that is not prohibited by the UAAP rules.

However, if a student-athlete loses his or her amateur status based on the instances above, then that student-athlete is deemed ineligible to play in the UAAP.

Again, these are the rules chosen by the UAAP, which, as an athletic association running its own event, is free to craft its own rules on eligibility. How the UAAP and the member-schools will interpret and enforce it will be a different matter — but the hope is that these will also be interpreted and enforced in a manner that is both reasonable and just.

And if I can add an editorial note to the standard: in a way the keeps the well-being and circumstances of the student-athlete in mind.

Mickey Ingles is the editor-in-chief of Batas Sportiva. He could’ve turned pro in football if not for law school. (Lol, sure he could’ve.)