Philippine Laws: Alcoholism And The Penalties

what does the law say against alcoholism in the philippines

Alcohol consumption is deeply ingrained in Filipino culture, with most Filipinos (excluding the Muslim minority) viewing drinking as an important part of their heritage and a key element of the nation's tourism industry. Alcohol is served at birthdays, baptisms, weddings, reunions, and wakes, and people drinking outside of neighborhood convenience stores or in front of their houses are a common sight in big cities. In 2019, an estimated 39,802 Filipinos died from causes related to drinking, and the government spent PHP 200 billion ($3.5 billion) on treating alcohol-related illnesses and policing alcohol-related issues. Despite these harms, alcohol companies are deeply intertwined with the national government, and alcohol marketing is ubiquitous. While the Philippines has implemented some laws to regulate the sale and consumption of alcohol, such as prohibiting sales to minors and near schools, it lacks regulations on alcohol marketing, online sales, and health warnings on products. A bill has been proposed to raise the minimum legal age for alcohol consumption from 18 to 21, with the aim of reducing alcohol-related harm.

Characteristics Values
Minimum legal age for alcohol consumption 18 years (proposed to be increased to 21 years)
Penalty for providing alcohol to minors PHP 50,000 fine or up to three months in jail
Subsequent offenses Fines, jail time, and revocation of business license
Penalty for public officers failing to implement the law Jail time of one to six months and temporary suspension from public service
Alcohol taxation Increased excise taxes on alcohol from 2020
Regulations on alcohol marketing None; alcohol companies self-regulate with their advertising code
Regulations on online sales and delivery None
Health warnings on alcohol products None
Alcohol-related deaths 39,802 in 2019
Annual government expenditure on treating alcohol-related illnesses PHP 200 billion

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Alcohol sale and consumption laws

Alcohol consumption is deeply ingrained in Filipino culture, with most Filipinos (excluding the Muslim minority) viewing drinking as an important part of their heritage and the nation's tourism industry. Alcohol is served at birthdays, baptisms, weddings, reunions, and wakes, and it is common to see people drinking outside of neighbourhood convenience stores or in front of their houses in big cities.

In terms of specific laws regarding the sale and consumption of alcohol in the Philippines, there are several decrees, acts, and ordinances in place. Presidential Decree No. 1619 prohibits the use, possession, and unauthorised sale of volatile substances like alcohol to minors for the purpose of intoxication. Republic Act No. 11467 increased excise taxes on alcohol effective in 2020. While this is a cost-effective measure to reduce excessive drinking, it is not sufficient to decrease alcohol-related diseases and injuries. Executive Order No. 17 and Ordinances No. 3532, 8520, and 5555 in Manila prohibit alcohol sales near schools, to minors, and in public places such as streets and parks. Violators are subject to penalties, including license and permit revocation.

There is currently a bill proposed in the Philippines parliament to raise the minimum legal age for alcohol consumption from 18 to 21 years old. This proposal is based on scientific evidence that a higher minimum legal age leads to reduced alcohol consumption and related injuries and deaths. The bill also seeks to prohibit people with disabilities from purchasing alcohol, which has sparked controversy. Those who violate the law by buying alcohol for someone below the age of 21 would face a fine of P50,000 or jail time of up to three months. Subsequent offences would result in increased fines and jail time, as well as revocation of business licenses.

Despite the existence of these laws, the Philippines has been criticised for its lack of regulations on alcohol marketing and online sales/delivery, as well as the absence of laws mandating health warnings on alcohol products. Alcohol companies are deeply intertwined with the national government, and self-regulate their advertising. As a result, alcohol consumption has caused significant harm to Filipinos and society, with high costs to the government for treating alcohol-related illnesses and policing alcohol-related incidents.

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In the Philippines, there are already laws and ordinances regulating the sale and consumption of alcohol. Presidential Decree No. 1619 prohibits the use, possession, and unauthorized sale of volatile substances like alcohol to minors for the purpose of intoxication. Republic Act No. 11467 increased excise taxes on alcohol effective in 2020. Executive Order No. 17 and Ordinances No. 3532, 8520, and 5555 in Manila prohibit alcohol sales near schools, to minors, and in public places like streets and parks. Violators are subject to penalties like license and permit revocation.

Despite these laws, alcohol use remains a significant problem in the Philippines. A 2021 study by Movendi International, a global social organization promoting alcohol prevention, found that one in three Filipinos consumed at least six alcoholic beverages in one sitting. Household spending on alcoholic beverages and tobacco rose fourfold to P226.5 billion in 2020. According to the World Health Organization (WHO), alcohol use kills 2.5 million people yearly, including 320,000 people aged 15 to 29. WHO data also shows that a significant proportion of 15 to 19-year-olds in the Philippines have started consuming alcohol in hazardous ways, endangering their health.

To address this issue, there have been recent efforts to raise the legal drinking age in the Philippines to 21. In July 2022, a bill was proposed in the Philippines parliament to increase the minimum legal age for alcohol consumption from 18 to 21 years. The bill, known as House Bill No. 1753, seeks to prohibit the sale of alcohol to "unqualified individuals," defined as those under 21 and those over 21 who are unable to fully care for themselves due to a physical or mental disability. The bill also includes penalties for those who violate the law, such as fines, jail time, and business license revocation.

Proponents of the bill argue that increasing the minimum legal age for alcohol consumption will lead to reduced alcohol use and related harm, including injuries and deaths. Scientific evidence supports this claim, showing that a minimum legal age of 21 leads to reduced alcohol consumption and related negative outcomes. By raising the drinking age, the Philippines can protect its youth from the harmful effects of alcohol and improve public health outcomes.

However, there is some controversy surrounding the inclusion of individuals with disabilities in the definition of "unqualified individuals." Persons with Disabilities (PWD) Philippines president Arpee Lazaro has spoken out against this aspect of the bill, arguing that while reducing alcohol use is positive, people with disabilities should have the freedom to choose whether to consume alcohol like non-disabled individuals.

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Lack of alcohol marketing regulations

Alcohol is the most regularly used addictive substance in the United States, according to the National Council on Alcoholism and Drug Dependence (NCADD). The multibillion-dollar industry spends a lot of money on marketing and advertising its products to the public. In the first quarter of 2016, alcohol companies spent $421 million on advertising, with 90% of this amount spent by beer companies on television ads.

In the Philippines, the Food and Drug Administration (FDA) is the agency responsible for formulating policies and monitoring the sector under the Department of Health. The FDA issued guidelines in 2019 for the commercial display, selling, promotion, and advertising of alcoholic beverages. These guidelines aim to protect consumers, especially children, and ensure that alcoholic beverages are not sold to minors (below 18 years old).

The guidelines state that alcoholic beverages must be displayed in a designated area with prominent signage indicating "alcoholic beverages". Promotional and advertising materials must clearly state that the product contains alcohol and is not intended for minors. Packaging and labelling must not be appealing to children. Violators of these guidelines will be fined up to P100,000 and have their authorization suspended for one month for the first conviction.

While the FDA has implemented these measures to regulate alcohol marketing and protect minors, there are still concerns about the lack of comprehensive regulations. The guidelines focus primarily on the display and promotion of alcoholic beverages without addressing other aspects of marketing, such as television, print, or digital advertising.

Additionally, the current regulations do not seem to restrict the amount of money alcohol companies can spend on advertising or the specific content of their advertisements. This lack of comprehensive regulations may contribute to the normalization and glamorization of alcohol consumption, particularly among minors.

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Alcohol taxation

The excise tax rates for alcohol products in the Philippines as of 2020 are as follows:

  • Distilled spirits: 22% ad valorem tax on the net retail price, and a specific tax of PHP 42.00 per proof liter
  • Wine: PHP 50.00 per liter
  • Fermented liquor, including beer: PHP 35.00 per liter

The Sin Tax Reform also included a structure for increasing excise taxes each year, with no sunset provision. Despite the increase in excise taxes, traders expect alcohol sales to continue growing by 5-10% each year due to robust demand.

In addition to the Sin Tax Reform, the Philippines has implemented other laws and ordinances regulating the sale and consumption of alcohol. For example, Presidential Decree No. 1619 prohibits the use, possession, and unauthorized sale of alcohol to minors for intoxication purposes. There are also local ordinances in Manila prohibiting alcohol sales near schools, to minors, and in public places like streets and parks. Violators are subject to penalties, including license and permit revocation.

More recently, in 2022, a bill was proposed in the Philippines parliament to raise the minimum legal age for alcohol consumption from 18 to 21 years. This proposal is based on scientific evidence that increasing the minimum legal age limit can significantly reduce alcohol-related injuries and deaths, even after youth turn 21. The bill also includes a more controversial aspect, seeking to prohibit people with disabilities from purchasing alcohol. However, there has been pushback against this inclusion, with advocates arguing that people with disabilities should be given the freedom to choose whether to consume alcohol, similar to non-disabled individuals.

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Alcohol's impact on Filipino society

Alcohol consumption is deeply ingrained in Filipino culture, with most Filipinos (except the Muslim minority) viewing drinking as an important part of their heritage and a key element of the nation's tourism industry. Alcohol is served at birthdays, baptisms, weddings, reunions, and wakes, and bottles of liquor are often given as gifts. In big cities, people drinking outside of convenience stores or in front of their houses are a common sight. This normalisation of alcohol consumption is reinforced by ubiquitous alcohol marketing.

Alcohol production in the Philippines has its roots in the country's colonial history. San Miguel, the country's oldest brewery, was founded in 1890 and has since become one of the country's largest conglomerates, owning the oldest gin producer, Ginebra San Miguel, and boasting an extensive distribution network. Another major producer is the Lucio Tan Group, whose subsidiary, Tanduay Distillers, has a near monopoly on the local rum market. These alcohol companies are deeply intertwined with the national government, and their decades-old relationships only deepened during the COVID-19 pandemic.

Despite the cost and harm alcohol consumption causes in the Philippines, alcohol companies have presented themselves as socially responsible, increasing their sales among women, while being criticised for developing and marketing products that appeal to youth and children. The Institute of Health Metrics and Evaluation estimated that in 2019, 39,802 Filipinos died from causes linked to drinking, and the government spends around PHP 200 billion ($3.5 billion) annually treating alcohol-related illnesses and policing alcohol-related issues.

In terms of legislation, the Philippines has implemented some measures to control alcohol consumption. Presidential Decree No. 1619 prohibits the use, possession, and unauthorised sale of alcohol to minors, and Republic Act No. 11467 increased excise taxes on alcohol from 2020. Additionally, there are local ordinances in Manila prohibiting alcohol sales near schools, to minors, and in public places like streets and parks. However, the country still lacks regulations on alcohol marketing, online sales and delivery, and mandatory health warnings on alcohol products. There is also a proposed bill to raise the minimum legal age for alcohol consumption from 18 to 21, which has been supported by scientific evidence showing reduced alcohol-related harm at this higher age limit.

Frequently asked questions

The legal drinking age in the Philippines is currently 18, but a bill has been proposed to raise the minimum legal age to 21.

Yes, in addition to raising the legal drinking age, there are also plans to prohibit people with disabilities from buying alcohol.

Anyone who buys alcohol for someone under the age of 21 can face a fine of P50,000 or jail time of up to three months. Public officers who fail to implement the law can face jail time and temporary suspension from public service.

Yes, alcohol sales are prohibited near schools, to minors, and in public places like streets and parks in Manila. There are also excise taxes on alcohol. However, there are currently no regulations on online alcohol sales and delivery, and alcohol marketing is also not regulated.

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