The Philippines: Philippines establishes fuel marking programme

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

The Philippines: Philippines establishes fuel marking programme

Republic Act No. 10963 or the Tax Reform for Acceleration and Inclusion (TRAIN), revising the outdated National Internal Revenue Code of 1997 took effect on January 1 2018. Its objective is to "correct a number of deficiencies in the tax system by making it simpler, fairer and more efficient". A new section on fuel marking was introduced in the TRAIN to curb smuggling and misdeclaration of petroleum products which has resulted in revenue losses from excise and value added taxes estimated by the Asian Development Bank (ADB) in Philippine pesos at 37.5 billion annually.

All petroleum products that are refined, manufactured, or imported into the Philippines that are subject to the payment of duties and taxes, e.g. gasoline, denatured alcohol used for motive power, kerosene and diesel fuel are covered by the fuel marking programme. Fuel marking has been defined as "the introduction of a unique identifier (bio-chemical liquid) in trace quantities into petroleum products at depots before distribution into the market. The marker creates a "finger print" and provides a secure, tamper-proof method of authentication. Marked fuel can be distinguished from unmarked fuel through a process of testing using specialised detecting equipment". Under the TRAIN, the "use of a fraudulent marker on the petroleum products shall be considered as prima facie evidence that the same has been withdrawn or imported without the payment of taxes and duties due thereon." Presently, on-site assessment of the oil firms' importation, refining and manufacturing facilities are ongoing to prepare for the establishment and operation of fuel marking and field testing. Also, the marker to be used is being tested by the Department of Energy and the Department of Environment and Natural Resources.

The government shall be subsidising the cost of the official fuel markers in the first year of implementation, and costs in the succeeding years shall be borne by the refiner, manufacturer, or importer of the petroleum products. The joint venture of SGS and SICPA was awarded fuel marking provider in October 2018.

Offences relating to fuel marking are punishable by fines ranging from PHP2.5 million to PHP10.0 million and imprisonment from one year to eight years. The following will be guilty of fuel marking offences: (i) persons engaged in sale, trade, delivery, distribution, or transportation of unmarked fuel in commercial quantities held for domestic use or merchandise, (ii) persons who cause removal of official fuel marking agent from marked fuel, or dilution of fuel intended for sale (iii) persons making, importing, selling, using or possessing counterfeit fuel markers, (iv) persons who attach directly/indirectly through any covert act, whatever quantity of any unmarked fuel or counterfeit additive in the vicinity of innocent individuals.

hechanova.jpg

Editha R Hechanova


Hechanova & Co., Inc.Salustiana D. Ty Tower104 Paseo de Roxas AvenueMakati City 1229, PhilippinesTel: (63) 2 812-6561Fax: (63) 2 888-4290editharh@hechanova.com.ph 

www.hechanova.com.ph

more from across site and SHARED ros bottom lb

More from across our site

The office, which has a relatively new patent litigation team as well as a wider ‘soft’ IP offering, would remain independent if the rejection is rubberstamped
The IP boutique is betting that growing investment in quantum and semiconductors will fuel demand as technology shifts toward physical systems
Lawyers say the overhaul better reflects commercial reality, with changes spanning novelty searches, digital designs and access to a small claims track, but stopping short of criminalising unregistered design infringement
Carpmaels & Ransford hires its fourth partner of the year and wins access to UPC files, as fresh orders address costs, confidentiality and the use of divisional patents
Peter Ling of Lenz & Staehelin in Zurich discusses trends in patent litigation, the regulation of AI and the benefits of teaching IP
Brandsmiths and Powell Gilbert will contest claims over several UK trademarks in a High Court case examining the ownership and revival of a heritage brand
Hogan Lovells Cadwalader is taking a fresh strategic approach to pricing in its AI strategy. It could amplify calls for law firms to ditch the billable hour
Charles Harding plans to build a new team around life sciences oppositions and contentious work, drawing on his three decades developing a practice from scratch at D Young & Co
The firm reveals how its litigation strategies informed the arguments that took Masimo’s judgment past $818 million
The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
Gift this article