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Republic of the Philippines ea
HOUSE OF REPRESENTATIVES

Quezon City

29 2019

VED
RECEIVE

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, __3047

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
PROHIBITING THE CONSUMPTION OF ALCOHOL IN ALL PUBLIC PLACES
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

EXPLANATORY NOTE

The 1987 Philippine Constitution provides that: "The maintenance of peace
and order, the protection of life, liberty, and property, and the promotion of the
general welfare are essential for the enjoyment by all the people of the blessings
of democracy." (Article II, Sec. 5).

The Lancet, a weekly peer-reviewed general medical journal and one of the
world's oldest and best known general medical journals, reported that “Alcohol is
more harmful than heroin or crack when the overall dangers to the individual and
society are considered.”

The study by the Independent Scientific Committee on Drugs, a United
Kingdom-based independent drugs advisory committee, also reported that the
findings were consistent with the conclusions of previous expert reports that
aggressively targeting alcohol harms is a valid and necessary public health
strategy (http://www.bbc.com/news/uk-11660210).

In 2008, the Pew Center on the States reported that: “an astounding one in
every 100 adults in the U.S. was behind bars. While drunk driving gets the most
attention, the incidence of other alcohol-involved crimes including domestic
violence, underage drinking, and assault has reached staggering proportions.”

The study found that 5.3 million adults or 36% of those under correctional
supervision were drinking at the time of their offense while 40% of state prisoners
convicted of violent crimes were under the influence of alcohol at the time of their
offense (The Pew Charitable Trusts, One in 100: Behind Bars in America, 2008).

Alcoholism and violence have clearly become key public health issues that
require urgent attention. Hence, it is imperative for the country to initiate
proactive policies to curb alcohol consumption in public places.

This measure is a proactive response to the growing clamor of the people
and President Rodrigo Roa Duterte’s commitment to curb criminality in the country
by banning the use of beer, wine, liquor and similar intoxicating beverages in
public places.

It also seeks to prohibit business establishments such as restaurants, clubs,
hotels, retail stores, and supermarkets to sell or serve alcohol from twelve (12)


o'clock to eight (8) o'clock in the morning, except those located in Metropolitan
Manila and highly urbanized cities in the country which may be allowed to sell and
serve alcohol between two (2) o'clock and eight (8) o'clock in the morning. Such
exception takes into consideration the peculiar social life and interactions of the
populace and commercial and economic activities in highly urbanized areas.

President Duterte’s pronouncement that a nationwide liquor ban can improve
the quality of life stands of the World Health Organization's findings that:

- Worldwide, 3 million deaths every year result from harmful use of alcohol, this
represent 5.3 % of all deaths.

- The harmful use of alcohol is a causal factor in more than 200 disease and injury
conditions.

> Overall 5.1 % of the global burden of disease and injury is attributable to alcohol, as
measured in disability-adjusted life years (DALYs).

- Alcohol consumption causes death and disability relatively early in life. In the age
group 20-39 years approximately 13.5 % of the total deaths are alcohol-
attributable.

- There is a causal relationship between harmful use of alcohol and a range of mental
and behavioural disorders, other noncommunicable conditions as well as injuries.

- The latest causal relationships have been established between harmful drinking and
incidence of infectious diseases such as tuberculosis as well as the course of
HIV/AIDS.

- Beyond health consequences, the harmful use of alcohol brings significant social and
economic losses to individuals and society at large.

Hence, immediate approval of this bill is earnestly requested.

ANGELINA wl. TAN, M.D.
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. __3047

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
PROHIBITING THE CONSUMPTION OF ALCOHOL IN ALL PUBLIC PLACES
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Declaration of Policy. — The State recognizes that the
maintenance of peace and order, the protection of life, liberty, and property, and
the promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy. Towards this end, the State shall undertake
efforts to eliminate the consumption of intoxicating beverages in public places in
order to protect the general public from any inconvenience, discomfort, or
criminality that may be caused by alcoholic intoxication.

SEC. 2. Definition of Terms. - As used in this Act:

(a) “Alcohol” refers to ethyl alcohol, ethanol, or spirits of wine including all
dilutions, purifications and mixtures thereof, from whatever source by whatever
Process produced and shall include whisky, brandy, rum, gin, tequila, and vodka
and other similar products or mixtures. It shall also include malt beverages, mixed
or fermented liquors, including tuba, basi, tapuy and lambanog including alcoholic
beverages such as liquor or brew containing alcohol as the active agent;

(b) "Establishment" refers to a place used for commercial Purposes, such as
restaurants, clubs, hotels, retail stores, supermarkets, fast food chains, canteens,
cafés, bar and cocktail lounges as well as dining and drinking establishments
located in short-stay accommodations like hotels, inns, apartelles or motels and
other places with common business areas; and

(c) “Public places” refer to all places that are accessible to the general public
or places for collective use such as, but not limited to, streets, pathways, plazas;
alleys; sidewalks; parks or playgrounds; or parking areas;

SEC. 3. Restrictions in the Selling, Serving, and Consumption of Alcohol. -
The selling, serving, and consumption of alcohol is hereby prohibited in:

(a) All public places at all times; and

(b) All establishments between twelve (12) o'clock to eight (8) o'clock in the
morning; Provided, however, That establishments located within Metropolitan
Manila, highly urbanized areas, and Special Economic Zones or ECOZONES may be
allowed to sell or serve alcohol between two (2) o'clock to eight (8) o'clock in the


morning.

SEC. 5. Penalties. - Any person of legal age or any business entity violating
the prohibited acts as prescribed in the preceding sections shall suffer the penalty
of imprisonment of not more than three (3) months or a fine of not less than ten
thousand pesos (P10,000.00).

For succeeding offenses, both penalties shall apply in addition to the
revocation of the license to operate a business connected with the selling of
alcoholic or intoxicating liquor or beverage. If the violation of any provisions of this
Act is committed by a corporation, partnership, association or similar entity, the
president, General Manager or most senior officers shall be held liable for the
offense.

SEC. 6. Non-implementation of Violations of this Act. - Any public officer
vested with the duty to implement this Act, who shall knowingly and maliciously
prevent, prohibit, refuse, discontinue, or violate the implementation of any
Provisions of this Act, or any of the rules and regulations promulgated in
accordance thereof, shall be punished by imprisonment of not less than one (1)
month but not more than six (6) months, and temporary suspension from public
service.

The public officer liable under this Section shall, in addition to the
imprisonment, be held administratively liable under applicable laws.

SEC. 7. Compliance Monitoring and Evaluation. - The Department of Interior
and Local Government (DILG) shall regularly conduct compliance monitoring and
evaluation to ensure the effective compliance to this Act.

SEC. 8. Grievance and Complaints. -'The DILG shall establish complaints
desks and such other facilities to report violations of this Act.

SEC. 9. Implementing Rules and Regulations. - The DILG, in consultation
with the League of Barangays, concerned government and private agencies, and
non-government organizations shall promulgate the rules and regulations to
effectively implement the provisions of this Act.

SEC. 10. Repealing Clause. - All laws, orders, Proclamations, rules and
regulations, or part thereof, which are inconsistent with any provision of this Act
are hereby repealed or modified accordingly.

SEC. 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in any newspaper of general circulation.

Approved,