by: Mickey Ingles (originally published on Spin.ph; photo c/o Spin.ph and Taguig City Police)

We end National Women’s Month with two key sports law stories affecting women: the first, a possible violation of the Revised Penal Code (RPC) and the Safe Spaces Act committed allegedly by a former professional basketball player, and the second, a new International Olympic Committee (IOC) policy that allows only biological women to compete in the Olympics.

Mac Cardona in Gender-Based Trouble Again

Former PBA player Mac Cardona was arrested on March 28, 2026 following the complaint of a woman who claimed that Cardona kissed her without her consent in an incident that happened in a BGC (Bonifacio Global Center) bar in Taguig City.

According to news reports, Cardona grabbed the woman’s hand and then kissed her. When the woman’s boyfriend confronted the 6-foot-1 player, the suspect reportedly became aggressive, challenged the aggrieved woman’s friend to a fight and poked him in the eye.

Cardona was brought to the BGC police station where inquest proceedings took place. He may face charges of acts of lasciviousness.

Acts of lasciviousness is a crime under Article 336 of the RPC. It is described as an act of lewdness against another using force or intimidation. It carries a penalty of six months and one day to six years in prison.By kissing the victim without her consent, Cardona may have also violated the Safe Spaces Act, colloquially known as the “Bawal Bastos Act.”

Under Section 4 of the Safe Spaces Act, unwanted advances that have threatened one’s sense of personal space and physical safety and committed in public spaces are considered public spaces harassment. Public spaces harassment, when accompanied by any physical contact against any part of the victim’s body, is punishable by arresto menor (11 to 30 days) or a fine of P30,000 with mandatory attendance in a gender sensitivity seminar.

As the incident happened in a public place in BGC, it is also important to know the role of establishments like restaurants, café, bars, and other privately-owned places in preventing gender-based sexual harassment. Under Section 5, these establishments must adopt a zero-tolerance policy against sexual harassment and must assist victims by coordinating with local police and providing CCTV footage when ordered by the court. The bar in question seemed to have complied with this particular obligation as news reports stated that its security personnel helped the victim in bringing Cardona to a police station where a formal complaint was filed.

In addition to assistance, establishments must also have visible warning signs against public spaces sexual harassment, which should include the contact number of the anti-sexual harassment hotline. Bars and similar privately-owned places open to the public must also designate one anti-sexual harassment officer to received gender-based sexual harassment complaints.

This is not the first time Mac Cardona has gotten into trouble with a law. He was arrested for a violation of the Anti-Violence Against Women and Their Children Act in 2018.

IOC Policy on Protecting the Female (Women’s) Category in the Olympics

For the upcoming Los Angeles Olympic Games in 2028 and onwards, participation in female category events at the Olympics will now be limited to biological females.

This stems from the newly-adopted ruling approved by the International Olympic Committee Executive Board just last week inscribed in a document called the “IOC Policy on the Protection of the Female (Women’s) Category in Olympic Sport and Guiding Considerations for International Federations and Sports Governing Bodies.”

Under this policy, athletes competing in women’s category events must now undergo a one-time SRY Gene screening to detect the absence or presence of the SRY Gene to determine whether one is biologically female or not. Athletes who screen negative for the SRY Gene will be eligible to compete in the female category.

SRY Gene screening is non-invasive and minimally intrusive, and usually done via a saliva or cheek swab or a blood sample. The SRY Gene is a “segment of the DNA that is almost always on the Y-chromosome, initiates Male sex development in utero, and signals the presence of testes/testicles.”

According to the IOC, the policy “protects fairness, safety and integrity in the female category,” noting that “Males have a performance advantage in all sports and events that rely on strength, power and/or endurance irrespective of subsequent testosterone suppression or gender-affirming hormone treatment.”

With the new policy, athletes who are XY transgender will no longer be eligible to compete in the female category of the Olympics. 

The policy is the result of the recommendations of a working group established in 2025 of experts in “sports science, endocrinology, transgender medicine, sports medicine, women’s health, ethics and law”, among others. The IOC had also consulted athletes through surveys, interviews, and discussions with members of the IOC Athletes’ Commission.

As applied locally, our sports governing bodies such as the Philippine Olympic Committee and national sports associations (NSAs) must adopt the policy in implementing eligibility rules and standards in relation to IOC events only. It does not apply to grassroots and recreational sports.

Mickey Ingles is the editor-in-chief of Batas Sportiva. He is a partner at ILC Law.