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This chapter presents the review of related literature and studies, which gives
present study.
Related Literature
Review the sin tax reform law first before entertaining moves to amend it, the
Philippine unit of global tobacco giant British American Tobacco (BAT) suggested
BAT supports the Department of Finances call for the congressional oversight
committee to do a full review of Republic Act (RA) No. 10351 or the Sin Tax Law of
Sen. Juan Edgardo Sonny Angara, who chairs the congressional oversight
the sin tax reform law to be fully implemented until it matures next year.
Under RA 10351, tobacco products will be slapped a unitary rate of P30 a pack
starting Jan. 1, 2017, following a two-tier system this year wherein cigarettes priced
P11.50 a pack were being taxed P25 while those priced higher were slapped P29 a
pack. We were the sole tobacco company to support the Sin Tax Law of 2012,
which not only leveled the playing field yet allowed the Philippine government to
pursue its revenue and public health goals. At the time of deliberations, we were
successful pedigree around the world. Our position has not shifted. If the Philippine
However, we should invest the time as was done on the original sin tax bill to fully
vet any amendments. The newly proposed bill has two main flaws, the level of net
retail price and no mechanism for the net retail price to increase in the future.
Therefore, we should avoid rushing a new law into effect without a full study of both
intended and unintended consequences, Lafferty added, referring to House Bill (HB)
No. 4144, which critics said was railroaded in the lower house such that it was
expected to be passed on third and final reading before Congress goes on break this
week.
for those priced higher. It also proposed an annual 5-percent increase in the excise
Industry sources are expecting the bill authored by ABS Partylist Rep. Eugene
HB 4144 was filed only on Oct. 19 and had undergone only two hearings at the
committee level, the first one last Nov. 28. Ben O. De vera (inquirer.net, 2016)
implementation of the Sin Tax Reform Act after an unexpected proposal to reverse
the landmark law breezed through committee readings. We consider the Sin Tax
Law or Republic Act 10351 to be a very good law. Our position is to fully implement
the law and let it run its course, Finance Secretary Carlos Dominguez said in a
statement. Dominguez issued the statement after the House ways and means
committee approved House Bill 4144 on second reading. The first committee hearing
on the bill was held on Nov. 28. It was approved without amendment during the
second hearing on Dec. 5 and submitted to the Committee on Rules on the same
day. House Bill 4144 intends to keep the current two-tier tax system on cigarette
products, which under RA 10351 is set to be unitary beginning Jan. 1, 2017. The
lower tax is proposed to be set at P32 per pack for cigarettes that have a net retail
price of P11.50 while cigarette packs priced above P11.50 will be taxed P36. In
products, regardless of brand, by next year. The current proposal even runs counter
to the Department of Finances plan to raise excise tax on tobacco and alcohol anew
organizations, which supported the 2012 measure, opposed the bill, saying it would
reverse gains in cutting smoking prevalence and raising more revenues for health
purposes. We are deeply disappointed with the railroading of the passage of House
Bill 4144, think tank Action for Economic Reforms said in a statement. The
blitzkrieg passage of this flawed bill shows that Congress will not pass legislation
added. The Sin Tax Law itself took months of deliberations before getting passed in
Congress. It has been hailed as the single most important health policy legislation of
the past decade in the Philippines. The government estimates around eight million
Filipinos stopped smoking since the passage of the law. This was after more than a
quarter of cigarette supply was removed from the market as costs had gone up. Still,
state revenues from tobacco products alone more than tripled from 2012 to 2015.
The World Bank is pushing for the implementation of a unitary tax rate on all tobacco
products, regardless of price and brands, to curb tobacco consumption and provide
additional revenues for the government. In its report titled Sin Tax Reform in the
Philippines, the World Bank said a single excise tax regime on all tobacco products
volumes. For tobacco, setting minimum and unitary specific tax rates was attractive
to decision makers. Multiple tiers, with lower taxes on cheaper brands, create an
incentive for producers to downshift their products to lower-taxed tiers, the World
Bank said. Under a multi-tier tax system, consumers especially from the lower
bracket would merely shift to lower priced-brands, thereby negating the regulatory
goals of the Sin Tax Reform law Because cigarettes are equally harmful regardless
of price the unitary rate is an important feature for health purposes, especially given
brands, the World Bank said. The Action for Economic Reforms, for its part,
assailed the railroading of the passage of House Bill 4144 at the House of
are alarmed that Congress leaders are bent on getting this passed, said ASH
that a two-tier tax system would make it easy for tobacco manufacturers to produce
cheap brands to avoid higher taxes. A higher unitary tax rate will protect and save
bad for both health and revenues, Alikpala said. Mighty Corp., a Chinese-Filipino
owned cigarette company that sells low-priced brands, has been pushing for the
director general Romulo Neri argued during the hearing that the two-tier rates would
address an inequitable situation as cigarettes for the rich would be taxed higher.
Like the DOF, industry giant Philip Morris-Fortune Tobacco has posed its objection
to House Bill 4144. We do not support further changes in the law at this time, and
the House committee on Ways and Means. Bulacan-based Mighty Corp. has grown
Dela Pena, Iris Gonzales, Sheila Crisostomo, Jess Diaz (philstar, 2016)
The amendment of the existing excise tax law on tobacco and alcoholic
products is the only revenue measure that the Aquino administration has certified as
urgent to date (Macaraig 2012). In principle, the excise tax on sin products is
imposed for the purpose of (i) raising revenues and (ii) discouraging the consumption
of the tobacco products and alcoholic beverages. It is argued that higher excise
continuing smokers, and prevent others from starting (Sunley 2009). Because the
will yield higher revenues in the near term while deterring smoking in the longer term.
The sin tax law bill had been pending in congress since 1997, many had thought it
would be impossible for the said law to have it passed due to conflict of interest. Sin
tax law reform took 15 years before it finally hurdled Congressional deliberations and
intense lobbying by tobacco and liquor companies. It has been hailed as the single
most important health policy legislation of the past decade in the Philippines.
(Gonzales, 2016)
The creation of Republic Act (RA) 10351or the Sin Tax reform Law imposes
higher taxes on tobacco and alcohol products which were signed by former president
Mr. Benigno Aquino III last December 20, 2012. The implementation of the law
Department of Health there are 17.3 million consumers of tobacco in the Philippines,
percent of lung cancer deaths in the world. Consequently, lung cancer is the leading
form of cancer in the Philippines. DOH statistics reveal that 10 Filipinos die every
Tax law. The said law generates additional revenue which covers the universal
health program, tobacco farmers livelihood and discourages the consumers from
disagreements and debates that made the ideal bill weak. Senators Ralph Recto and
Ferdinand Bong-bong Marcos argued that the bill would cause a displacement of
tobacco farmers and it will worsen the smuggling in the Philippines. Senator Drilon
being the committee chair submitted a substitute bill sought to raise P40 billion. At
the bicameral conference committee, where the House and Senate reconciled their
generating the additional revenues and whether the government can make good on
its promise to spend the funds as planned. The reconciled version was approved by
Under the final version of the Senates sin tax bill, the government is expected
to generate additional revenue amounting to PhP 40 billion during the first year
PhP 24 billion of which will be borne by the tobacco sector while PhP 16 billion will
be borne by the alcoholic beverage sector. The target burden sharing of 60-40 for
tobacco and alcohol shall be maintained from 2013 to 2017. During the second to
revenues of PhP 45.7 billion, PhP 52.3 billion, PhP 57.7 billion and PhP 64.4 billion,
respectively. The Senate agreed to earmark PhP 23 billion of the additional tax
revenues to the Philippine Health Insurance Corp. for its universal healthcare
coverage program, PhP 750 million for antismoking campaigns, PhP 100 million for
LGUs, and PhP 750 million to finance farmer support programs. The additional funds
for farmer support, according to Drilon, will double the safety net provided for under
the current law. Of the tax revenues, PhP 2 billion will be used for tax administration,
which shall be increased 3% every year. This fund will be used to combat smuggling
that could arise as a result of the implementation of the bill. House Bill 5727 (HB
the present four-tier excise tax on cigarettes into two tiers during the first two years
of implementation before completing the shift to a unitary tax rate of PhP 30 per pack
hand, will be taxed based on alcohol content instead of raw materials. Over a period
of three years, the excise tax on distilled spirits will be phased towards a uniform tax
rate of PhP 150 per proof liter) while the excise tax on fermented liquor will
tax rate, the tax will automatically be indexed to inflation. Automatic adjustments of
the tax rates will be based on tobacco and alcohol indices established by the
National Statistics Office (NSO). Furthermore, HB 5727 will also lift the price
classification freeze on old brands. Thus, all excisable products will be classified
according to their net retail price based on the latest price survey to be conducted by
the Bureau of Internal Revenue (BIR). After much debate, the House of
version of HB 5727 proposes to impose a two-tier system for cigarettes (Table 4),
fermented liquors and wines, and a three-tier system for distilled spirits in lieu of the
unitary excise tax rates in the original version (Table 5). Also, the excise tax rates will
at a fixed rate of 8% every two years starting from 2015 to 2025. Incremental
billion in the first year of implementation, slightly more than half of projected
incremental revenue under the original version of the bill. Incremental revenues in
the succeeding years are projected at P39 billion, P42.7 billion and P41.5 billion.
Committee on Ways and Means and put forward substitute sin tax bill (revised
Senate Bill 3299) which targets to collect 40 to 45B excise tax in the initial year. With
a vote of 15-2, the senate approved on the third and final reading the Drilon version
Senate Bill 3299 with some amendments from Senators Juan Ponce Enrile, Ralph
Recto and Ferdinand Marcos Jr. last November 20, 2012. The final version of SB
3299 proposes a three-tier system for cigarettes until 2014 (Table 8). The number of
tiers will be reduced to two in 2015 to 2016. From 2017 onwards, a uniform rate of
PhP 26 per pack of cigarettes will be applied to all brands, a rate that is lower than
the proposed tax rate of PhP 32 under Drilons substitute bill. SB 3299 also proposes
manufacturers and sellers to purchase at least 15% of their raw materials locally.
(pids.gov.ph, 2013)
Under the final version of the Senates sin tax bill, the government is expected
to generate additional revenue amounting to PhP 40 billion during the first year
PhP 24 billion of which will be borne by the tobacco sector while PhP 16 billion will
be borne by the alcoholic beverage sector. The target burden sharing of 60-40 for
tobacco and alcohol shall be maintained from 2013 to 2017. During the second to
revenues of PhP 45.7 billion, PhP 52.3 billion, PhP 57.7 billion and PhP 64.4 billion,
respectively. The Senate agreed to earmark PhP 23 billion of the additional tax
revenues to the Philippine Health Insurance Corp. for its universal healthcare
coverage program, PhP 750 million for antismoking campaigns, PhP 100 million for
centers, PhP 10 million also for the upgrading of 618 district hospitals operated by
LGUs, and PhP 750 million to finance farmer support programs. The additional funds
for farmer support, according to Drilon, will double the safety net provided for under
the current law. Of the tax revenues, PhP 2 billion will be used for tax administration,
which shall be increased 3% every year. This fund will be used to combat smuggling
that could arise as a result of the implementation of the bill. The bicameral version
appears to have successfully put together the desirable provisions of the House and
tax structure by adopting a unitary excise tax rate for cigarettes, fermented liquor and
distilled spirits. Such a shift away from the existing multi-tiered tax structure will tend
to result in greater ease in tax administration by minimizing the opportunities for mis-
will tend to minimize the downshifting to cheaper brands thus tending to reduce
bicameral version of the sin tax bill does not allow for the automatic indexation of the
excise tax rates to inflation, it does allow for a 4% increase in the excise tax rates
yearly from 2018 onwards. This change is will not only yield additional revenues in
the near term but will also prevent the erosion of excise tax revenues in real terms
over the long term. Moreover, as indicated earlier, a yearly adjustment in the excise
tax rate is preferable over an adjustment that occurs every other year as proposed
under the House version because the latter tends to give manufacturers the
opportunity to avoid taxes by reporting higher than normal volume of removals in the
year prior to the mandated increase in specific rates. 11 Also, by doing away with the
freeze on price classification of excisable products, the bicameral version of the sin
tax bill eliminates the preferential tax treatment given to existing brands over new
entrants and imports. Such a move tends to level the playing field among the various
industry players and enables the country to comply with WTO requirements. On the
other hand, the provision with regards to local content of tobacco products in the
total volume of cigarettes sold in the country, any manufacturer and/or seller of
tobacco products must source at least 15% of its tobacco leaf raw materials supply
bicameral version removed the very detailed earmarking provisions found in the
Senate version of the sin tax bill, earmarking of the incremental revenues resulting
from the proposed amendment to the excise tax law continues to be one of its major
features. The arguments against earmarking in the public finance literature are well
authorities from smoothly reallocating funds when spending priorities change. Also,
when earmarked funds are off-budget, some loss in budgetary accountability may
result because off-budget often means out of sight and out of mind (Bird and Jun
2005). However, earmarking may be justified if there is a close link between the
payment of earmarked taxes and the benefits accruing to the taxpayer from the
favored expenditures as this is consistent with the benefit principle of taxation. But
the IMF (2011) points out that it is difficult to isolate health expenditure on smoking
related diseases and finance them by tobacco duties or taxes (Nakayama et. al.
2011).
lower-taxed) brands so as to evade paying the correct taxes, the multi-tier rate
structure of the excise tax system may have also contributed to the deterioration of
the excise tax effort in 1997 to 2011. For instance, Manasan (2010) noted that a shift
towards the production of brands subjected to a lower tax rate and a decline in the
cigarette removals from the plants reported by cigarette manufacturers to the BIR in
2005 to 2009 are not consistent with the positive growth in personal consumption of
tobacco products in real terms as per the National Income Accounts during the same
period. Also, the data on volume of removals indicate that cigarette producers
reported higher than normal volume of removals in 2004, 2006 and 2008, apparently
in anticipation of the mandated increase in specific tax rates in 2005, 2007 and 2009.
The current system also distinguishes between the old and new brands. Brands that
existed before 1996 are taxed based on their 1996 price while newer brands,
including imports, are taxed based on their current prices which tend to be higher.
The differential tax treatment of old and new brands results in an uneven playing
field for the producers of excisable products with new brands or variants and
imported brands being taxed more than locally manufactured older brands. Related
to this, the taxation of distilled spirits has been ruled by the WTO to have broken the
country 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 1995 1997 1999 2001 2003 2005
2007 2009 2011 Figure 1. Excise tax revenues as % of GDP Alcohol Tobacco 4
Tariffs and Trade (GATT). The cigarette industry is very big as cigarette brands
existing in the Philippines consists of 236 brands. Among those brands which are
very well known are: Fortune, Winston, Marlboro, Lucky Strike, Philip Morris,
Mildseven, Mighty, Hope, Black cat, Champion, and Dunhill. Undoubtedly, collection
of excise taxes from this source contributes a lot to the governments revenue.
Through the imposition of excise taxes, there will be an increase in the government
revenues that could then be used to augment funding for the countrys Universal
Health Care Program, this includes medical assistance for those in need and the
Cigarettes in the Philippines are taxed based on their net retail price (NRP),
excluding the excise tax and VAT. Cigars are subject to a 20% ad valorem tax on its
NRP plus a specific tax rate of Php5.20 per cigar under Sec. 145 of the NIRC, as
amended by R.A. No.10351. In addition to the excise tax imposed, the sale and
importation of tobacco products are subject to a 12% VAT. The basis for domestic
sale is the Gross Selling Price, while for imported, it is based on the total value used
by the Bureau of Customs in determining the tariff and customs duties, plus excise
from customs custody. However, if the customs duties are determined based on the
quantity volume of the goods, the VAT shall be based on the landed cost plus excise
SB 3299 proposes to increase the excise tax rate on cigarettes from the
present PhP 2.72 to PhP 6 per pack in 2013 to 2014 for brands that are currently
classified as low-priced, from PhP 7.56 to PhP 10 for brands that are currently
classified as medium-priced brands, from PhP 12 to PhP 14 for brands that are
currently classified as high-priced brands and to reduce the excise tax from PhP 28.3
to PhP 14 for brands that are currently classified as premium-priced brands. From
2015 onwards, SB 3299 proposes to tax cigarettes based on net retail prices that are
determined on the year immediately before the date of effectivity of the new rates
(Table 6). Under this scheme, cut-off prices defining the tax brackets are adjusted by
8% every two years between 2015 and 7 2021. However, the bill does not allow for
any adjustment in the excise tax rates on cigarettes after 2021. (pids.gov.ph, 2013)
Alcohol Industry
include all alcoholic beverages that are first fermented and then distilled. They
include whiskey, rum, vodka, and gin. Manufacturing of such is one of the most
profitable industry in the Philippines. Four of its manufacturing companies i.e. San
been consistently among the top and Asia Brewery has been consistently among the
top 75 among the top 1000 corporations in the country. Despite recorded economic
downturn and gloomy outlook for the Despite recorded economic downturn and
gloomy outlook for the Philippine economy, sales and consumption of alcoholic
drinks are found to remain high and are projected to expand positively. This is due
largely to the increasing disposable incomes among the young and the emerging
Liquors are either under ad valorem tax classification and imposed a P20 tax
for 2015 and P20 for 2013, with a 4-percent increase annually starting 2016.
Products classified under specific tax are imposed a 20-percent tax of its net retail
price in 2015 and 15 percent in 2013. For fermented liquor, products that are priced
at P50.60 and below are given a tax of P23.50 for 2017, P21 currently, P19 in 2015,
P17 in 2014 and P15 for the year 2013, with an increase of 4 percent every year
starting 2018. Products priced above P50.60 are imposed a tax rate of P23.50 in
2017, P23 in 2016, P22 for 2015, P21 for 2014 and P20 for 2013. The significant tax
implementation, the new sin-tax law generated additional revenues of P33.96 billion,
increase the number of tax tiers on distilled spirits from the 3 to 4 with the cut-off
price for the top tax bracket being higher for the latter compared to the former.
Instead of providing for the automatic indexation of the tax rates to inflation, SB 3299
proposes to adjust the tax rate by 8% every other year between 2015 and 2019 and
by 4% every other year from 2020 onwards. Thus, the expected tax take from SB
Related Studies
The study of Murphy (2006), which is about the effect of large price increases
They used data from 50 states consumption plus the District of Columbia for the
years 1990-2003. The result of his study indicates that over 15 years there is a
decrease in consumption that has resulted from the sharp rise in price. This
hand, the study of Tauras and Chaloupka (1999), investigate the impact of price,
clean indoor air laws, and other socioeconomic factors have on smoking cessation
of Michigan. As their result shows the price is positively related to the probability of 8
smoking cessation for both young adult males and females. Their results clearly
indicate that large increases in cigarette excise taxes would lead a significant
number of young adults to quit smoking. Moreover, the estimates imply that stronger
Ruhm (1995) and Freeman (1999), which confirmed that alcohol consumption
moves increasingly. On the other hand, Thomas (2001) concluded that the stress
from anxiety over being unemployed in a period of recession raises the levels of
alcohol consumption. In relation to that, the study of Siglow (1999), concluded that
families, and health problems. Not only does alcohol harm the alcoholic, but it also
has a negative impact on the family, causing extreme emotional pain and suffering.
But with the continuous therapy and unending support from family and friends can
Donovan (1997), study pointed out 16-29 years old liquor drinkers to be young
people who are greatly affected by the factor of curiosity in consuming liquors. In
and also predicts excessive consumption of liquor. However, high boredom and easy
access to alcohol have a very high predictive capacity toward consumers. Donavans
view was that what distinguishes the prediction of abstention versus moderate
drinking versus excess drinking was not the factors themselves, but rather the
number and intensity of factors operating for any given individual or group of
individuals. That is, misuse appears to depend on either more of factors co-occurring
Synthesis
This paper focuses on the effects of Sin Tax law in the consumption pattern of
liquor drinkers and smokers in Batangas City. In this chapter, the researchers
provides a brief background regarding the creation of Sin Tax law, taxation of
cigarettes and alcoholic beverages, the nature and the revenues generated in order
by the cigarettes and alcohol in order for the readers to know the reason why the sin
The studies included in this chapter are the study of Murphy which is about
the effect of large price increases on cigarette consumption using Ordinary Least
Square and instrumental variables. The study concluded that the use of cigarettes is
decreased. The study is also conducted and strengthened by Tauras and Chaloupka
alcohol consumption by Ruhm and Freeman concluded that the alcohol consumption
moves increasingly, Thomas supported and added that stress from anxiety over
addition, Donavan pointed out ages 17-29 liquor drinkers as young people and he
added some factors that affect the consumption of alcohol. The researchers believe
that this study is relevant to the research conducted because this shows the factors
and effects of cigarette and alcohol consumption in alcohol drinkers and smokers.
the effects of sin tax reform law to the consumption pattern of consumers.