Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _3706

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

EXPLANATORY NOTE

Filipinos are the second biggest consumers of alcoholic beverages in Southeast Asia according
to the data provided by beverage giants Pernod Ricard Philippines and Diageo Philippines,
with 5% of the population considered regular alcohol consumers.

The data also showed that 39% are occasional consumers and more alarmingly, around 60% of
minors have already tried drinking alcoholic beverages before they even reached the legal
drinking age of 18.'

In a report for Health Action Information Network (HAIN), Joyce P. Valbuena wrote that
although Philippine law sets the minimum legal drinking age at 18, underage drinking is
widespread.

In the same report, Valbuena added that drinking alcoholic beverages beyond one’s capacity
to the point of intoxication is a risky behavior in which most young people get involved at some
time, Alcohol poisoning due to irresponsible drinking sometimes lead to death. Other health
consequences include confusion, vomiting, seizures, slow or irregular breathing, blue-tinged
skin or pale skin and unconsciousness.

Alcohol also affects a person’s central nervous system and the teen years are a time of brain
development. Recent medical studies also show that young people, whose brains are still
developing, may be at greater risk than mature adults of lasting brain damage from heavy
alcohol consumption.

The primary legal basis to regulate access to alcoholic beverages by minors is Presidential
Decree 1619 which penalizes the sale of, and offer to sell, to minors of liquors or beverages
containing an alcoholic content of thirty per centum or above (60 proof or above). This is aside
from the individual ordinances of local government units in their respective areas of
jurisdiction.

* https://n if 17/29/15 /campaign-tai rinkiny


While the approach of the aforementioned issuances is to regulate the access to alcohol by
minors in the market, this must be complemented by a mechanism that discourages both the
supply and demand for these products.

Hence, this bill proposes to subject minors who consume and/or buy alcohol t community
service and the relevant intervention subject to the provisions of Presidential Decree 603 and
the Juvenile Justice and Welfare Act, as amended.

This bill desires nothing but the realization of our youth’s full potential. For their overall
welfare, approval of this bill is earnestly sought.

—

Se
STINO ‘INNO’ A. DY V


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3706
HOUSE BILL NO.

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

AN ACT PROHIBITING THE ACCESS OF MINORS TO ALCOHOL AND
PENALIZING ESTABLISHMENTS THAT FURNISH ALCOHOL TO MINORS

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

SECTION I. Short Title. - This Act shall be known as the "Anti-Underage Drinking Act."

SECTION 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual, intellectual, and social
well-being. Towards this end, the State shall undertake efforts to eliminate alcohol abuse and
reduce underage drinking by prohibiting minors’ access to alcohol.

SECTION 3. Definitions. - For purposes of this Act, the term-
(1) "minors" - shall refer to one who is below 18 years old;

(2) "alcohol" - shall refer 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;

(3) "alcoholic beverages" - shall refer to liquor or brew containing alcohol as the active
agent; and

(4) “establishment” - shall refer to a place used for commercial purposes, such as bars,
restaurants, dance clubs, hotels, retail stores, supermarkets, and other places with common
business areas.


SECTION 4. Prohibited Acts - The following acts are prohibited:

(1) Consumption of alcohol by a minor;

(2) Sale of alcohol by any establishment to a minor;

(3) Purchasing or obtaining alcohol for a minor;

(4) Causing a minor to purchase alcohol;

(5) Misrepresentation of one’s age by presenting false identification to purchase alcohol;

(6) Selling, giving, or otherwise providing alcohol to minors by an establishment which is
licensed to sell alcohol, or for any employee of that establishment, to sell or furnish any
alcohol at any time to a person under 18 years of age.

SECTION 5. Penalties. -

(1) A minor who has violated any of the provisions of this act shall be required to render
community service. Community service may consist of such acts as being required to appear
before school groups to explain the dangers of alcohol abuse.

(2) Establishments that have violated any of the provisions of this law are subject to fines
of ten thousand pesos (P10,000) for the first offense and fifty thousand pesos (P50,000) for
a repeated offense. Suspension or revocation of the license of repeat offenders shall be
recommended to the appropriate local government unit.

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.

(3) Any person of legal age violating the prohibited acts as prescribed in the preceding
section 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).

SECTION 6. Role of Barangays. — The barangays shall monitor in their respective
jurisdictions the enforcement and compliance with this law. The barangay council shall
recommend the suspension or revocation of permits for erring establishments and shall submit
such recommendation to the mayor's office.

SECTION 7. Implementing Rules and Regulations. An interagency committee headed by the
DSWD, in coordination with the DTI, DOH, DEpEd, CHED, National Youth Commission,
and DILG is hereby established which shall formulate, within ninety (60) days upon the
effectivity of this Act, the implementing rules and regulations in consultation with the local
government units, nongovernment organizations and people's organizations.


SECTION 8. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SECTION 9. Repealing Clause. - All laws, presidential decrees or issuances, executive orders,
letters of instruction, administrative orders or rules and regulations, which may be inconsistent
with this Act shall be deemed repealed, amended or modified accordingly.

SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days following its
publication in two (2) newspapers of general circulation.

Approved,

FA (0 ‘INNOWA. DY V