Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, _4146

Introduced by Rep. ANGELO MARCOS BARBA
24 District, locos Norte

EXPLANATORY NOTE

Data from beverage giants Pernod Ricard Philippines and Diageo
Philippines reveal that Filipinos are the second biggest consumers of alcoholic

beverages in Southeast Asia, 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 18.1

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.

Aleohol 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 aleohol consumption.

Moreover, alcoholism is said to cost government at least PhP200 billion
yearly according to a study by the Department of Finance and the House of
Representatives Ways and Means Committee. The government spends bulk of
that amount in treating and caring for millions of Filipinos with liquor
drinking-related ailments, and funeral and burial expenses for those who died
by reason of such ailment.

| ABSCBNNews (2015 July 29). Campaign launched to address underage drinking. Retrieved on August 22, 2019
from httpsi//news.abs-cbn.com lfestyle/07/23/15 campaign launched-address-underage-crinking


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.

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 demand for these products.

Hence, this bill proposes to subject minors who consume and/or buy
alcohol to 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 the overall welfare of our youth, immediate approval of this bill is

earnestly sought.
ANGELO COS BARBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

House Bill No, 4146

Introduced by Rep. ANGELO MARCOS BARBA.
2™ District, locos Norte

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

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

SECTION 1. 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-
) "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 bya minor;
2. Sale of alcohol by any establishment to a minor;


- Purchasing or obtaining alcohol for a minor;
- Causing a minor to purchase alcohol;

Misrepresentation of one’s age by presenting false identification to
purchase alcohol;
. 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.

a2 nae

SECTION 5. Penalties. -

(@) 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 ot 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


ules 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) n

lewspapers of general circulation.
Approved,