Two lawmakers have sought to increase the legal drinking age to 21 from 18 and ban persons with disabilities from buying alcohol.
Reps. Paolo Duterte of Davao City and Eric Yap of Benguet filed House Bill 1753 to seek the banning of “unqualified individuals” from buying alcohol or alcoholic beverages and prevent others from buying alcohol and alcoholic beverages for them. These individuals are minors as well as persons with mental conditions.
HB 1753, also known as Anti-Underage Drinking Act, 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.
Duterte explained 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.
Similarly, he said a wide variety of alcohol-related problems have devastating impacts on individuals and their families that seriously affect community life.
“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.
HB 1753 refers “unqualified individuals” to persons under 21 years of age, or those 21 years old but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
Yap, for his part, said the bill prohibits purchase of alcohol or alcoholic beverages by Unqualified Individuals from vendors and other sources, or any person obtaining alcohol or alcoholic beverages for unqualified Individuals.
The bill provides that any unqualified individuals who found to have violated any of the provisions of the Act shall be penalized. For first offense, the Barangay Council for the Protection of Children will counsel the Unqualified Individual before he is properly handed over to the parent/s or guardian/s; subsequently, the violator will be required to attend, together with the parent/s or guardian/s, two consecutive regular sessions of counseling conducted by the BCPC. Non-compliance with the requirement will elevate the matter to the DSWD for proper disposition.
The bill also states that any person of legal age or any establishment who violates any of the provisions of the Act 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.
Yap said if the violation of any provisions of the 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.
Any public officer vested with the duty to implement the law, who shall knowingly and maliciously prevent, prohibit, refuse, discontinue, or violate the implementation of any provisions of the Act, or any of the rules and regulations promulgated in accordance thereof, shall be punished by imprisonment of not less than one month but not more than six months, and temporary suspension from public service. The liable officer shall, in addition to imprisonment, be held administratively accountable under applicable laws.