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FIFTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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Second Regular Session 
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SElif\TE 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
Flavored malt drinks that have caffeine as well as alcohol are fast becoming popular. This 
permits its consumers to keep drinking longer and later than they would normaily be able to in 
their inebriated states. Young drinkers in particular like these drinks, and over recent months, 
several of them have ended up in emergency rooms with high levels of alcohol poisoning. 
Officials in the state of Washington have banned the drink, which contains 12% alcohol 
and are packaged in cans similar to those of energy drinks. The drinks were banned in 
Washington after nine students from the Central Washington University had to be hospitalized 
after consuming such drinks, with one of the nine students almost dying. 
The Executive Director of Campus Health Services at UNC-Chapel Hill, Mary 
Covington, while talking about the beverage stated that the mixing of caffeine and alcohol can 
result in an increased dehydrating effect, which can be extremely dangerous for the health. While 
talking about the negative effect of caffeine in the drink, Covington stated that the caffeine gave 
a sedative effect to the situation. So, as people did not realize, how much they were drinking, 
they ended up drinking more than they could handle. 
This bill prohibits a caffeinated malt beverage from being imported, produced, 
manufactured, distributed, or sold at any retail outlet. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
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Second Regular Session 
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SEliATE 
S. No. 3143 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING THE PRODUCTION, IMPORTATION, 
OR SALE OF CAFFEINATED MALT BEVERAGES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Caffeinated Malt Beverages 
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Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to protect and promote 
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the right to health of the people and instil health consciousness among them. 
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It is also the policy of the State to promote and protect the physical, moral, spiritual, 
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intellectual and social well-being of the youth recognizing their vital role in nation-building. 
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SECTION 3. Definitions. As used in this Act, the following terms shall mean-
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(a) 
A "caffeinated malt beverage" is a drink that is either: 
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(1) 
a beverage that contains at least one half percent alcohol by volume 
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produced by a brewer which is infused with caffeine or other stimulants, including, but 
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not limited to, guarana, ginseng, and taurine; or 
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(2) 
a beverage that contains at least one half percent alcohol by volume that is 
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treated by processing, filtration, or another method of mmmfacture that is not generally 
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recognized as a traditional process in the production of beer to which is added a flavor or 
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other ingredient containing alcohol, except for a hop extract and is infused with caffeine 
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or other stimulants, including, but not limited to, guarana, ginseng, and taurine. 
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SECTION 4. Ban on CajJeinated Malt Beverages. - No caffeinated malt beverage shall 
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be imported, produced, manufactured, distributed, or sold at any retail outlet. 
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SECTION 5. Lead Agency for the Enforcement of this Act. - The Bureau of Food and 
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Drugs (BFAD) of the Department of Health shall administer and enforce the provisions of this 
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section and shall promulgate the rules and regulations necessary to ensure effective 
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administration and enforcement. 
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SECTION 6. Penalties. - Any person or business entity that violates any provision ofthis 
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Act shall be guilty of an infraction and, upon a fInding of such violation by the BFAD, shall be 
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subject to the revocation of their license and the administrative assessment of civil penalties. 
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SECTION 7. Separability Clause. - If any provision, or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 9. EjJectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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