Governance

The POC Constitution & By-Laws

Home » About the POC » Constitution & By-Laws

Preamble

We, the National Olympic Committee of the Philippines, an organization belonging to the Olympic Movement, duly represented by the undersigned, hereby undertake to respect the provisions of the Olympic Charter and the World Anti-Doping Code and to abide by the decisions of the IOC. We undertake, in accordance with our mission and role at national level, to participate in actions to promote peace and to promote women in sport. We also undertake to support and encourage the promotion of sports ethics, to fight against doping and to demonstrate a responsible concern for environmental issues.

Article I – AIMS

Section 1. The POC shall have the following aims:

  1. To develop and protect the Olympic Movement in the Philippines in accordance with the Olympic Charter.
  2. To propagate the fundamental principles of Olympism at the national level within the framework of sports activity and otherwise contribute, among other things, to the diffusion of Olympism in the teaching programmes of physical education and sport in schools and universities.
  3. To see to the creation of institutions that devote themselves to Olympic education, such as the National Olympic Academy, Olympic Museum and cultural programmes related to the Olympic Movement.
  4. To ensure the observance of the Olympic Charter in the Philippines.
  5. To disseminate among young people an interest in sports and a sporting spirit.
  6. To encourage the development of high performance sports as well as sport for all.
  7. To help in the training of sports administrators by organizing courses and ensure that such courses contribute to the propagation of the Fundamental Principles of Olympism.
  8. To guard and take action against all form of discrimination and violence in sports.
  9. To fight against the use of substances and procedures prohibited by the International Olympic Committee or the International Sports Federations, in particular by approaching the competent authorities in the country so that all medical controls may be performed in optimum conditions. To adopt and implement the World Anti-Doping Code, thereby ensuring that the Philippine Olympic Committee’s anti-doping policies and rules, membership and/or funding requirements and results management procedures conform with the World Anti-Doping Code and respect all the roles and responsibilities for NOCs that are listed within the World Anti-Doping Code.
  10. To safeguard its absolute autonomy and to resist all pressures of any kind, including those of political, religious or economic nature that may prevent it from complying with the Olympic Charter.
  11. To organize, together with the respective National Sports Associations, the preparation and selection of athletes, thereby ensuring that the Philippines is represented at the Olympic Games as well as at regional, continental and intercontinental games having the patronage of the International Olympic Committee.
  12. To undertake the organization of these Games when they are held in the Philippines. It shall have the exclusive authority to select and designate the city which may apply to organize Olympic Games in the Philippines.
  13. To submit proposals to the IOC with regard to the “Olympic Charter”, the Olympic Movement in general as well as the organization and conduct of the Olympic Games.
  14. To work in concert with private or governmental bodies concerning the promotion of a sound sports policy. However, it shall not associate itself with any activity which would be in contradiction with the Olympic Charter.
  15. To help in the training of sports administrators and athletes’ coaches by organizing courses to ensure the further development of sports in the country and the uplifting of the level of performance of Filipino athletes in international competitions.

Article II – OFFICE

Section 1. The principal office of the POC shall be situated in Metro Manila but may be transferred to any other location by decision of the General Assembly. Regional offices may be established in areas to be determined by the Executive Board.

Article III – FUNCTIONS

Section 1. The POC shall have the following powers and functions:

  1. It shall participate in the Games of the Olympiad by sending athletes.
  2. It shall be the sole authority responsible for the representation of the Philippines at the Olympic Games, Youth Olympic Games, Asian Games, Southeast Asian Games, as well as other events held under the patronage of the International Olympic Committee (IOC) and the Olympic Council of Asia (OCA) and to undertake the organization of these Games when they are held in the Philippines. The term representation as used herein covers the decision to participate and the entry of athletes selected by their respective National Sports Associations (NSAs).
  3. It shall arrange the equipping, transportation and housing of the national delegation in the Olympic Games, Youth Olympic Games, Asian Games, Southeast Asian Games and other events held under the patronage of the IOC and OCA.
  4. It shall be responsible for the behavior of the members of the Philippine Delegation at the said Games and events.
  5. It shall have the sole and exclusive authority to prescribe and determine the clothing and uniforms to be worn by the members of the Philippine Delegation on the occasion of the mentioned games and events. However, competition uniforms, supplies and equipment to be used shall be determined and decided in consultation with the NSA concerned and in accordance with what is necessarily prescribed and required by their respective sports.
  6. It shall sign the entry forms together with the different NSAs for participants in such Games as may be participated in by the Philippines.
  7. It shall organize the Olympic Day (preferably annually) in furtherance of the Olympic Movement. At its option, it may organize and stage more extensive and extended events to further the Olympic Movement and Olympism.
  8. It shall strive against deviation from sporting principles and particularly against all forms of doping under the World Anti-Doping Code and the improper manipulation of athletes.
  9. It shall have the exclusive right to the use of the Olympic symbol, flag, motto and anthem within the framework of its non-profit activities, provided such use contributes to the development of the Olympic Movement and does not detract from its dignity, and provided it has obtained the prior approval of the IOC, in accordance with theOlympic Charter, and shall guard against its unauthorized or improper use in the Philippines.
  10. It shall accept and recognize as members one NSA for each sport and that NSA must be affiliated to a relevant International Federation (IF).
  11. It shall coordinate closely with relevant international organizations recognized by the IOC, particularly with the Olympic Council of Asia and the Southeast Asian Games Federation.
  12. It shall participate in the activities of the IOC’s Olympic Solidarity.
  13. It shall act as the final arbitrator of all intra-NSA conflicts and disputes, as well as, cases arising from or in connection with the Olympic Games or any form of doping offense in case the same cannot be settled or resolved with the NSA’s processes and procedures. Any decision ratified by the POC General Assembly may be submitted exclusively by way of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland, which will resolve the dispute in accordance with the Code of Sports-Related Arbitration. The time limit for appeal is twenty-one (21) days after the reception of the decision concerning the appeal.
  14. It shall perform such other powers and functions as appearing in its Articles of Incorporation.

Article IV – MEMBERSHIP

Section 1. The POC shall be composed of:

  1. The member(s) of the IOC in the country, if any;
  2. Regular Members, namely:
    b.1. All National Sports Associations affiliated to the International Federation governing sports included in the programme of the Olympic Games, and
    b.2. Other National Sports Associations that are affiliated to their respective International Federations governing sports that are played at least once in the Asian Games or twice consecutively in the Southeast Asian Games.In the event of failure of its sport to meet the above participation requirement in any season, the National Sports Association shall be downgraded to Associate Member subject to the decision of the POC General Assembly.
  3. Associate Members, namely: National Sports Associations not falling under Section 1 (b) above.
  4. Distinguished persons, citizens of the country, who may enable the POC to perform its tasks more effectively, or who have rendered eminent services to the cause of sports and Olympism.
  5. One male and one female athlete who have taken part in the Olympic Games. However, their membership shall expire at the end of the third Olympiad after the last Olympic Games in which they took part.

Section 2. The POC shall recognize and/or accept as (Regular) Member only one NSA for each sport governed by an International Federation.

Section 3. The POC may extend recognition to other sports associations that govern their respective sports in the country, and such will be classified as “POC Recognized National Sports Association”.

Section 4. Applications for membership by the NSA shall be made in writing and submitted to the President who will assign the Membership and Accreditation Commission to review and submit its recommendation to the Executive Board.

Section 5. Applications for membership shall be considered by the next General Assembly meeting and shall be accepted if approved by at least two-thirds (2/3) of the votes cast.

Section 6. Membership of the NSA in the POC shall cease:

  • Upon disbandment of the NSA;
  • Upon expulsion following a hearing given to the representative of the NSA, for the following reasons:
    • Non-payment of annual subscription of the NSA, should such exist for three (3) consecutive years;
    • Expulsion of the NSA by its IF;
    • Infringement of the Articles of Incorporation and By-Laws of the POC or of the Olympic Charter.

Section 7. Expulsion of the NSA from the POC must be approved by the General Assembly by a three-fourths (3/4) vote of the entire voting membership.

Section 8. Membership of the NSA in the POC may be suspended for whatever reasons as may be decided by a two-thirds (2/3) vote of the entire voting membership of the POC. Suspension of membership includes suspension of any privileges as member.

Section 9. Conferment of membership to, and termination of membership of, an individual distinguished person may be approved by the General Assembly with a two-thirds (2/3) of the votes cast. Any such membership, if any, shall be for a maximum period of one year, but subject to renewal.

Section 10. Governments or other public authorities shall not designate any members to the POC. However, the POC may decide, at its discretion, to elect as members representatives of such authorities.

Section 11. A member expelled from the IOC may not be a member of the POC.

Article V – NATIONAL SPORTS ASSOCIATION

Section 1. Each National Sports Association (NSA) shall have the following functions and duties:

    1. To be the national governing body of the sport to which it corresponds in the country;
    2. To develop its sport nationwide and give opportunity to all Filipino athletes to participate in its activities, subject to reasonable conditions;
    3. To adopt an Articles of Incorporation/Constitution and By-Laws for its internal organization and government and to submit the same to the POC for review;
    4. To dedicate and commit its organization toward the development of the sport, and in coordination and/or through the POC promote the ideals of the Olympic Movement and the true spirit of sportsmanship;
    5. To render an annual report to the POC, furnish pertinent records and calendar of activities to the same when requested; keep accurate records of all official marks attained by the athletes as well as official results of local, national and international competitions conducted, sanctioned or attended by it;
    6. To formulate qualification standards and license and accredit referees, umpires and arbiters and other game officials in its sport; decide, subject to appeal to the POC, all questions on the amateur status and discipline of athletes as well as members of the NSAs and all disputes between their members;
    7. To adopt a program for organization strengthening such as but not limited to development programs for the training of the athletes for international competitions, resources development and such other programs aimed at accomplishing its purposes;
    8. To select the athletes, trainers, coaches and other officials for its national teams taking into consideration not only their athletic abilities but also their moral character;
    9. To designate one official representative to the POC General Assembly. Such official representative shall either be the President, the Secretary General, or a Vice President of the NSA duly authorized by the President in writing and attested to by the Secretary General;The NSA President, the Secretary General and its duly designated representative to the POC General Assembly, if any, must be citizens of the Philippines, of age, and in full possession of their civil and political rights;
    10. To perform such other acts as may be necessary for the proper accomplishment of its purposes and not inconsistent with the By-Laws of the POC.

Article VI – THE GENERAL ASSEMBLY

Section 1. The General Assembly shall be composed of all members described in Article IV, Section 1.

Section 2. An NSA representative must possess the qualification as specified in Article V, Section 1(i). An NSA representative may be denied or expelled from the General Assembly by three-fourths (3/4) of the votes cast of the voting members present in the General Assembly.

Section 3. The General Assembly shall meet in a bimonthly session on the last Wednesday of each odd month of each year. The meeting on the last Wednesday of January of each year shall be considered as the annual session of the General Assembly in order to:

    1. Hear the President’s report;
    2. Examine the report on the activities of the Executive Board, as presented by the Secretary General, and discharge it from responsibility;
    3. Examine the financial reports as submitted by the Treasurer;
    4. To receive the annual reports of the National Sports Associations;
    5. Approve a budget for the year;
    6. In general, decide in all matters in the agenda.

Section 4. An Extraordinary General Assembly meeting may be convened at any time by the President or at the request in writing to that effect given by a majority of the Executive Board or the Regular Members and not in arrears of subscription should such exist. In the latter case, the Secretary General shall convene the meeting within fifteen (15) days of his receiving such a request.

Section 5. The General Assembly can validly act only on those items appearing in its agenda. Proposals concerning the agenda must reach the Secretary General not later than fifteen (15) days before the date of the meeting. Members shall be notified of the date set for the meeting at least seven (7) days in advance in the case of the regular bi-monthly and annual meetings and ten (10) days in advance in case of extraordinary meeting.

Section 6. The General Assembly can validly act only if at least a majority of its Regular Members is present. Decisions shall be made by a simple majority of the votes cast by the members present and qualified to vote, except on matters as may be otherwise provided for in these By-Laws. The voting majority of the General Assembly shall consist of the votes cast by the NSAs affiliated to the International Federations governing sports included in the programme of the Olympic gamesor their representatives, except on matters as may be otherwise provided for in these By-Laws.

Section 7. When it is a question of specifically Olympic matters, only the votes of the NSAs affiliated to an IF governing sport included in the Olympic program are taken into consideration.

Section 8. Only the official representatives of members referred to in Article IV, Section 1 (a), (b) and (e) shall be entitled to vote and be voted upon.

Article VII – OFFICERS

Section 1. The POC shall have the following officers:

    1. The Chairman
    2. The President
    3. The First Vice President
    4. The Second Vice President
    5. The Secretray General
    6. The Treasurer
    7. The Auditor
    8. Four (4) Executive Board Members, and
    9. The immediate past President of the POC.

Section 2. The Officers of the POC, other than the Secretary General, who is appointed by the President and the immediate past President of the POC, shall be elected from among the official representatives of the Regular Members. They shall be elected by the General Assembly at a meeting called for the purpose on the Last Friday of November in the Year of the Olympic Games to serve for a term of four (4) years beginning January 1 of the following year or until their successors shall have been duly elected and qualified. In the event that an Olympic Games is not held during a four year Olympiad, the General Assembly shall nevertheless meet on the last Friday of November in the year on which the Olympic Games was supposed to have been held, for the purpose of electing the Officers for the ensuing four year.

Section 3. The Officers of the POC shall be elected by secret ballot in the election meeting called for the purpose. The candidate that secures the votes of the majority of the votes cast shall be declared winner. If there are more than two candidates and no one secures the majority of the total votes cast, a second balloting to include the two candidates that secure the most number of votes shall be taken. If there is a tie in the number of votes cast, there shall be a second balloting among those involved in the tie. If thereafter a tie still exists, the outcome shall be determined by lot.

Section 4. The Chairman shall be the presiding officer in all meetings of the General Assembly and the Executive Board. He shall cast his vote in case there is a tie in the voting conducted in any meeting of the General Assembly and the Executive Board. He may perform such other functions as may be assigned by the Executive Board.

Section 5. The President shall be chief executive officer of the POC. He shall preside at all meetings of the POC in the absence of the Chairman. He shall sign any deed, agreement, contract or instrument, which the POC is authorized to execute; render a report on the affairs of the POC; and in general perform all duties incident to the Office of the President and such other duties as the General Assembly may prescribe from time to time.

Section 6. The First Vice President and the Second Vice President shall each be appointed chairman of a Standing Commission. In the same order, they shall perform the duties of the President in the event of the latter’s temporary absence or incapacity. If a permanent vacancy occurs in the Office of the President, the First Vice President or the Second Vice President, as the case may be, shall ipso facto become the President, provided they meet the qualification required of a POC President. Otherwise, the Chairman or the Executive Board must call an election to fill in the vacancy within thirty (30) days from the date the vacancy arises.

Section 7. The Secretary General shall be appointed by the President, subject to the approval of the Executive Board, from among the representatives of a Regular Member, provided that he shall be either the President, Vice President or Secretary General of his NSA for at least two years. He shall keep the minutes of all meetings of the POC; have complete control and charge of the official seal and all records of the POC; take charge and conduct the correspondence of the POC of any and all meetings of the POC as the case may be; perform such other duties as may from time to time be required of him by the President of the POC; act as Secretary of all Commissions and Committees; make a written report with all his recommendations at the annual meeting of the POC when required to do so.

Section 8. The Treasurer shall receive and receipt for all dues, fees and any and all moneys or property paid or donated to the POC and shall keep a true and correct account of all receipts and disbursements of the POC; deposit all moneys received in a reliable bank to the credit and name of the POC; submit a quarterly and annual report to the General Assembly and/or the Executive Board of the financial standing of the POC or at such time as he is required to do so; and perform any act or thing as may be prescribed by the POC from time to time as befitting his office.

Section 9. The Auditor shall perform internal auditing functions and assist Management in discharging its responsibilities and carrying out its objectives; review and appraise the soundness, adequacy and application of accounting, financial and other controls and to promote effective control at reasonable cost; and to safeguard from losses of all kinds; ascertain the quality of performance in carrying out assigned responsibilities and recommend operating improvements.

Section 10. The four Executive Board Members shall perform whatever task and responsibilities as may be assigned to them by the President from time to time.

Section 11. The Chairman and the President of the POC must have had at least 4 years experience as NSA President of an Olympic Sport at the time of his election as POC Chairman or President; provided, that they must be elected from any of the incumbent NSA Presidents representing an Olympic sport, and provided, further, that they have been an active member of the POC General Assembly for two consecutive years at the time of their election.

Section 12. The POC Vice Presidents, the Treasurer, the Auditor and the four Executive Board Members of the POC may be elected from among the official representatives of the Regular Members, provided, however, that such individuals are either the President, Secretary General or Vice President for at least two years of the NSA which they represent.

Section 13. Any vacancy in the officers may be replaced by the voting members of the General Assembly in an election called for the purpose, subject to the provisions of Section 6 above.

Section 14. Any elected officer of POC may be removed for cause, by three-fourths (3/4) vote of the entire voting membership in the POC.

An elected officer of the POC may be removed for loss of confidence in time and manner prescribed in these By-Laws, provided, that no removal may be instituted against said officer who has been the subject of a previous vote of confidence held during the same term of office.

Absence by an elected officer in any Executive Board meeting for three (3) consecutive times or a total of five (5) in a year shall also be a ground for removal.

Removal of an elected officer, with or without cause, may be initiated by the Regular Members of the POC upon a verified petition of at least two-thirds (2/3) of the total number of members with voting rights. Any such officer may be removed from office by a vote representing three-fourths (3/4) of the voting members.

A written verified petition for a vote of confidence shall be filed with Secretary General thru his office. The Executive Board shall set the date wherein the vote of confidence shall be taken and the election if necessary in a Extraordinary Meeting called for the purpose which shall not be later than thirty (30) days after the filing of the petition with notice to all members delivered not later than ten (10) days prior the date of said meeting.

The position of the officer shall automatically be declared vacant upon obtaining the required number of votes. The candidate receiving the highest number of votes in the election called for the purpose shall assume the position only for the remaining term of his predecessor.

No removal by means of a vote of confidence against an officer shall take place within one year from the date of the officer’s assumption to office or one year immediately preceding the regular election.

Section 15. The President may, upon approval of the Executive Board, appoint a Deputy Secretary General, a Deputy Treasurer, and any such other POC Officer as may be necessary, who must be a representative of a regular or associate member of the POC.

These appointed officers may be given responsibilities and such authorities as may be recommended by the President and approved by the Executive Board.

Section 16. The Officers of the POC shall perform their duties on voluntary basis with the exception of those concerned with the administration of the office. They may, however, be reimbursed for traveling, subsistence and any other justified expenses incurred by them in connection with their duties. Unless they are at fault, they shall not be personally responsible for the debts of the POC.

Artice VIII – EXECUTIVE BOARD

Section 1. Unless otherwise provided in these By-Laws, the powers, functions of the POC shall be exercised, all business conducted and all property controlled and held by the Executive Board, which shall be composed of the following, provided, that majority thereof shall be representatives of NSAs affiliated to an IF governing a sport included in the Olympic Program:

    1. The Chairman
    2. The President
    3. The IOC Member(s) in the country, if any,
    4. The First Vice President
    5. The Second Vice President
    6. The Secretary General
    7. The Treasurer
    8. The Auditor
    9. The four individuals elected as Executive Board members
    10. The immediate past President of the POC

Section 2. The Executive Board shall hold meetings at least once a month. It can validly act only if the majority of its members are present, which in no case shall be less than seven (7). The voting majority of the Executive board shall consist of the votes cast by representatives of the NSAs affiliated to the International Federations governing sports included in the programme of the Olympic Games. The Executive Board may deal with all questions of interest to the POC. In case of equal votes, the Chairman shall have the casting vote.

Section 3. Notice of meetings of the Executive Board, whether regular or special, shall be sent to members at least five (5) days in advance of the date set for the meeting together with all related documents.

Section 4. The President, upon his own instance, or a majority of its members upon a written request addressed to the Secretary General, may call a special meeting of the Executive Board.

Article IX – COMMISSIONS AND COMMITTEES

Section 1. The Standing Commissions of the POC are the Membership, Arbitration, Ethics, Technical, Ways and Means and Athlete’s Commissions.

Section 2. Other Commissions or Committees may be created upon recommendation by the President and subject to the approval of the Executive Board. The President shall appoint, subject to the confirmation of the Executive Board, the Chairman and members of the Commissions and Committees to study particular aspects of the work of the POC and to advise and assist the Executive Board in dealing with these aspects.

Section 3. The duties, tasks, and authorities of these Commissions and Committees shall be recommended by the President to and approved by the Executive Board.

Article X – FINANCES

Section 1. The finances of the POC shall be derived from, among others:

    1. Membership subscriptions from NSAs;
    2. Subsidies, grants and donations from the government, public entities and other bodies;
    3. Gifts and bequests that the General Assembly may accept;
    4. Subsidies from the IOC, Olympic Solidarity, Organizers of Olympic Games, Asian Games, Southeast Asian Games, and other such international organizations;
    5. Proceeds from events like the Olympic Day, from commemorative items, the publication and sale of printed materials, the granting of licenses to third parties;
    6. Fees for services rendered;
    7. Proceeds from sponsorships and other marketing programs.

Section 2. The fiscal year of the POC shall start on January 1 and end on December 31 of each year.

Article XI – EMBLEM AND SEAL

Section 1. The POC shall have its own emblem and seal approved by the Executive Board, General Assembly and the IOC.

Article XII – POWER TO PROMULGATE RULES

Section 1. The POC, in the exercise of its powers and authority of general supervision over sports in the country, may adopt such rules and regulations not contrary to its Articles of Incorporation and By-Laws.

Section 2. The workings of the bodies of the POC may be detailed in regulations approved by the Executive Board.

Article XIII – AMENDMENTS

Section 1. These By-Laws may be amended by two-thirds (2/3) vote of the Executive Board and thereafter by the General Assembly of the POC convened especially for that purpose with the provision that at least two-thirds (2/3) of the voting members shall attend and that the decision shall be made by at least two-thirds (2/3) of the voting members present. Any such amendments shall be effective and binding only upon the approval of the IOC.

Section 2. These Constitution and By-Laws shall, at all times, comply with the Olympic Charter to which they must refer expressly. If there is any doubt as to signification or interpretation of these Constitution and By-Laws, or if there is a contradiction between the same and the Olympic Charter, the latter takesprecedence.

APPROVAL OF THE GENERAL ASSEMBLY

Section 1. These Amended Constitution and By-Laws were approved by the affirmative vote of two-thirds (2/3) of the voting members present at the Extraordinary Meeting of the General Assembly convened especially for that purpose on the 9th day of July, 2008 at Makati City, Philippines.

Sports

Share This