A joint legislative measure imposing stricter penalties on the consumption of alcoholic beverages by what they call “unqualified users”--minors and persons with mental and physical disabilities--has been filed in the House of Representatives.
Currently, the legal age of drinking in the Philippines is 18 years old, but experts said that drinking among the young is rampant because of easy access to alcohol.
Davao City 1st district Rep. Paolo Duterte and Benguet Rep. Eric Yap, authors of House Bill (HB) No. 1753, also known as Anti-Underage Drinking Act, said this will “further protect” minors from the harmful effects of alcoholic beverages.
The bill seeks to “impose a minimum legal drinking age in the country, and also provide for penal sanctions against any person or private entities caught in violation of the legislation to contain the availability of alcohol to unqualified individuals".
Under HB 1753, “unqualified individuals” refer to persons under 21 years of age, or those aged 21 but are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
The measure also prohibits others from purchasing alcoholic beverages for the so-called unqualified individuals.
In the bill’s explanatory note, the two lawmakers cited a World Health Organization (WHO) report that identified the health impacts of alcoholic beverages on the youth, which include problems in puberty and bone growth, psychiatric disorder, and compromised brain activity.
“The youth has a vital role in nation-building and it’s the duty of the state to promote and protect their physical, moral, spiritual, intellectual, and social well-being. The state shall undertake efforts to eliminate alcohol abuse and reduce underage drinking by prohibiting unqualified individuals’ access to alcohol,” Duterte explained.
The WHO’s “Global Strategy to Reduce the Harmful Use of Alcohol” noted that “alcohol use is the third leading risk factor for poor health globally as it causes an estimated 2.5 million deaths every year, of which a significant proportion occur in the young".
Anyone who violates any of the provisions of the law shall be afforded sanctions and fees.
For the first offense, the Barangay Council for the Protection of Children (BCPC) will counsel the guilty party before they are properly handed over to the parent/s or guardian/s.
The violators will also be required to attend, together with their parent/s or guardian/s, two consecutive regular sessions of counseling conducted by the BCPC.
If they don’t comply with these requirements, the case will be elevated to the Department of Social Welfare and Development (DSWD) “for proper disposition”.
Any person of legal age or any establishment who violates any of the provisions of the law shall be punished by a fine of P50,000 or imprisonment of not more than three months.
For succeeding offenses, both penalties shall apply in addition to the revocation of the license to operate a business connected with the selling of alcohol or alcoholic beverages.
If a corporation, partnership, association, or similar entity violates the law, the president, general manager, or most senior officers will be held liable for the offense.
Likewise, any public officer “who shall knowingly and maliciously prevent, prohibit, refuse, discontinue, or violate the implementation of any provisions of the Act” will be punished by imprisonment of not less than one month but not more than six months, and a temporary suspension from public service.
In addition to imprisonment, the liable officer could be held administratively accountable under applicable laws.