Dear Atty. Chris Liquigan,
The neighbor who lives across my house has a sari-sari store. I always notice a high school student buying liquor from the store. At first, I thought that his parents have asked him to buy those but there was one time that I saw him buy liquor with his friends. Is it legal to sell liquor to a minor?
Thanks, Atty.
Troy
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Dear Troy,
To straightly answer the query, yes, your neighbor can be held accountable for selling alcoholic beverages to minors. Sections 5 and 6 of Presidential Decree 1619 penalize the sale of alcoholic drinks to minors. It provides as follows:
“Sec. 5. The sale of, and offer to sell, volatile substances to minors without requiring the written consent of their parents or guardians as a condition for such sale or offer to sell shall be punishable by imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos: Provided, that when the minor is eighteen years or over and is duly licensed to drive a motor vehicle, such written consent shall not be necessary when the volatile substance sold or offered for sale is gasoline or any other motive fuel for motor vehicles.”
“Sec. 6. 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) is hereby prohibited and shall be punishable by imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos.”
The term “volatile substances” as used in Section 5 above is defined as “xxx any other chemical substance which when sniffed, smelled, inhaled, or introduced into the physiological system of the body produces or induces a condition of intoxication, inebriation, excitement, stupefaction, dulling of the brain or nervous system, depression, giddiness, paralysis, or irrational behavior or in any manner changing, distorting or disturbing the auditory, visual or mental processes.” Thus, any alcoholic beverage is a volatile substance as it can induce a condition of intoxication when introduced in the body.
Selling alcoholic beverages that contain at least thirty percent alcohol (or sixty proof) is entirely prohibited to minors. Violation of sections 5 and 6 of PD 1619 is punishable by imprisonment from six months and one day up to four years. The seller is also liable to pay a fine from P600 up to P4,000.
Hope this helps.
Atty. Chris Liquigan