Tuesday, April 7, 2026

When Oil Prices Rise, Who Really Pays?

THERE IS SOMETHING quietly unsettling about watching fuel prices change almost every week. For many Filipinos, it has become a routine inconvenience—another announcement, another adjustment. But beneath these seemingly small increments lies a deeper, more complex issue: one that cuts across economics, governance, and the everyday struggle of ordinary citizens.

The so-called “oil crisis” is not new. It is often framed as a consequence of global instability—conflicts abroad, supply chain disruptions, and decisions made by oil-producing nations. These are realities we do not control. Yet, what we often overlook is how our own legal and regulatory framework shapes the way these global shocks are felt locally.

Every time fuel prices increase, the effects ripple outward. Public transportation fares eventually go up. The cost of goods follows. Market vendors adjust prices, delivery services recalibrate fees, and small businesses—already operating on thin margins—are forced to make difficult decisions. In the end, it is the ordinary Filipino—the commuter, the worker, the small entrepreneur—who absorbs the heaviest burden.

‘Ultimately, the oil crisis is not just about numbers on a price board. It is about access, fairness, and accountability. It is about whether the law continues to serve the people it was meant to protect.’

DAILY REALITY

I was recently speaking with a jeepney driver who told me that every fuel increase feels like a gamble—whether he earns enough that day or goes home short. That uncertainty is not reflected in any official price bulletin, but it is the daily reality for many Filipinos.

From a legal standpoint, this raises an important question: are we doing enough to cushion the public from these recurring shocks?

The Philippines operates under Republic Act 8479, or the Downstream Oil Industry Deregulation Act of 1998. At its core, the law was designed to foster competition, ensure a steady supply of fuel, and ultimately protect consumer interest by allowing market forces to determine prices. 

The intent was sound. Government control was seen as inefficient; deregulation promised efficiency and fair pricing.

COMPETITIVE MARKET

But nearly three decades later, it is fair to ask: has the promise held? In theory, deregulation encourages competition. In practice, however, the oil industry remains dominated by a few major players. Price movements tend to be uniform, raising questions—at the very least—about how “competitive” the market truly is. While there is no outright legal presumption of collusion, the optics alone invite scrutiny.

More importantly, deregulation has significantly limited the government’s ability to intervene. Unlike in regulated industries where price ceilings orsubsidies can be imposed more freely, the State’s hands are largely tied. What remains are reactive measures—fuel subsidies, cash assistance, and temporary relief programs. These are helpful, but often insufficient and delayed.

Recent measures such as Republic Act 12316, which allows the temporary suspension or reduction of excise taxes on petroleum products during periods of extraordinary price increases, reflect the government’srecognition of the burden on consumers. 

STOPGAP SOLUTIONS

These interventions provide immediate relief and are, without question, necessary in times of crisis. But they are, at best, stopgap solutions—reactive rather than preventive. They do not address the underlying structure of the downstream oil industry, where pricing remains largely beyond meaningful state oversight. 

In this light, the more pragmatic approach may not lie in repeatedly cushioning the effects of rising prices, but in revisiting the very legal framework that governs howthose prices are determined in the first place.

The law, as it stands, prioritizes market freedom. But when market outcomes consistently disadvantage the public, the role of government must be revisited. This is not to suggest that we abandon deregulation altogether. Rather, the question is whether the law should evolve to reflect present realities. 

Should there be stronger transparency mechanisms in pricing? Should we rethink how competition is enforced in the oil sector? These are not merely policy questions—they are legal imperatives that demand action.

The Constitution itself mandates that the State regulate or intervene when the common good so demands. When fuel prices affect not just convenience but survival—when they influence food security, mobility, and economic stability—it becomes difficult to argue that this is purely a matter for the market to resolve.

Ultimately, the oil crisis is not just about numbers on a price board. It is about access, fairness, and accountability. It is about whether the law continues to serve the people it was meant to protect.

At some point, we have to ask—not as economists, but as citizens—whether the law still serves the people, or whether the people have been left to adjust to the law.

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Mark Bacsain, ESQ
Mark Bacsain, ESQ
Atty. Mark Bacsain is a lawyer and public administration professional committed to advancing accountable governance and the rule of law. With a Master in Public Administration, he brings a policy-oriented perspective to legal issues, offering clear and grounded insights on law, current affairs, and governance, with a focus on how the law affects—and should serve—the everyday lives of Filipinos.