On May 8, 2021, I asked in this column “Where are the Guidelines?” I have been recently informed that the planned signing of the guidelines by the implementing agencies shall be on August 30, 2021.
I participated in the public consultations held separately in the NCR, Luzon, Visayas and Mindanao attended by stakeholders consisting of consumer organizations, patients’ groups and business establishments. Overall, there was support from all stakeholders on the issuance of the implementing guidelines on senior citizens/PWDs discounts in electronic commerce.
My consumer advocacy group Laban Konsyumer Inc. is the staunch advocate for the release of the guidelines especially during the continuing, lingering and prolonged pandemic.
The draft rules stressed that senior citizens and PWDs shall be allowed the grant of 20% discount and 12% VAT-exemption on purchases of goods and services enjoying the discounts under existing laws; and the 5% special discount for basic necessities and prime commodities provided therein, for the exclusive use and enjoyment of the subject consumers.
Below are the significant provisions in the draft General guidelines:
The Senior Citizen must present his/her Senior Citizen ID issued by the OSCA in the city or municipality where the senior citizen resides, or any Government-issued ID, which reflects the name, picture, date of birth and nationality of the senior citizen.
The Person with Disability must present their Person with Disability ID, issued by the Persons with Disability Affairs Office (PDAO), the City/ Municipal Social Welfare and Development Office (C/MSWD), or the National Council on Disability Affairs (NCDA), Provided, that Persons with Disabilities with apparent physical disabilities can present his/her passport.
If a purchaser is both a Senior Citizen and a Person with Disability, the purchaser shall only be allowed to avail either the discount for Senior Citizens or the discount for Persons with Disabilities, and he/she shall present the relevant ID as required under the preceding paragraphs.
On food purchase, the basis of the 20% discount shall be: (a) the actual total price of the food purchase, if such is less than the Most Expensive Meal Combination (MEMC), or (b) the MEMC, if the actual price is equal to or greater than the MEMC.
In case of multiple number of Senior Citizens or Persons with Disability in one transaction, the Senior Citizens or Persons with Disability are required to inform the business establishment of such fact in order to grant their individual privilege discount, as long as applicable. Provided that, the total bill shall be divided according to the number of people to determine actual consumption of the individual Senior Citizen or Persons with Disability entitled to the 20% discount.
Our hope is for these rules to be implemented properly and accurately. However, it is not impossible that there still will be cases where senior citizens and PWDs may find that their rights are not being protected and the rules are not being followed. Thus, I agree that it is important for a mechanism to be in place when these rules are not followed .
In cases where a business establishment refuses to honor the privileges afforded to Senior Citizens and Persons with Disability, a complaint may be directed as follows:
For Senior Citizens, complaints should be directed to the OSCA of the city or municipality, either of the place where the complainant resides or where the establishment is located; at the option of the complainant.
For Persons with Disabilities, complaints should be directed to the NCDA, PDAO or to the City/Municipal Social Welfare and Development Office (C/MSWDO) of the place where the complainant resides or where the establishment is located; at the option of the complainant.
Any complaint received by the DTI and any other government agency pertaining to this Order shall be endorsed to the OSCA, NCDA or PDAO, whichever is applicable.
Any covered person or business which refuses to grant the discount on the online/telephone/mobile purchase of Senior Citizens and Persons with Disabilities covered under this Order or violates any provision of this Order shall be liable in accordance with RA9994 and RA7277, as amended by RA9442 and RA10754, including their Implementing Rules and Regulations (IRR). It shall also be unlawful for persons to misrepresent himself/herself as Senior Citizen or Person with Disability. All other prohibited acts or penalties provided by applicable laws and regulations shall be deemed incorporated in this Order.
On a personal note, some merchants and drugstores grant me the senior citizens discounts at the moment, but the majority of the merchants as well as the delivery services are waiting for the issuance of the said guidelines. I hope that this column has been especially informative for the senior citizens and PWDs and you can keep this as a copy for the next time that you will be conducting online purchases.
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