Sanctions eyed vs law violators

CEBU, Philippines - The Cebu City Council has passed an ordinance providing “for the guidelines in the revocation of business permits for establishments within the City of Cebu” that violate the provisions of existing laws on the privileges of senior citizens and persons with disabilities.

This was after authors City Councilors Alvin Dizon, Lea Japson and Gerardo Carillo noted that there are still owners of business establishments in Cebu City that failed to honor the mandatory discounts and privileges granted by law to senior citizens and PWDs.

As is true for all legislative measures, however, the ordinance still needs the final stamp of Mayor Michael Rama before it would take effect.

The ordinance seeks to enforce Republic Act 9994 (An Act Granting Additional Benefits and Privileges to Senior Citizens, further Amending Republic Act No. 7432, as amended, otherwise known as “An Act to Maximize the Contribution of Senior Citizens to Nation Building, Grant Benefits and Special Privileges and for Other Purposes”); and Republic Act No. 9442 (An Act Amending Republic Act No. 7277, otherwise known as The “Magna Carta For Disabled Persons, and for Other Purposes”).

“Despite the passage of the said laws, there are still some establishments, particularly small drugstores and pharmacies and restaurants, that refuse to grant the discounts due to senior citizens and persons with disabilities. Due to lack of resources, the aggrieved senior citizen and persons with disabilities cannot afford to file cases against the violators. Thus, these establishments continue to operate,” Dizon said.

“This proposed ordinance aims to provide a remedy to this deplorable situation,” he added.

R.A. 9994 penalizes any person who refuses to honor the senior citizen card issued by the government with an imprisonment of not less than two years but not more than six years and a fine of not less than P50,000 but not exceeding P100,000 for first offense; with subsequent violations imposed a penalty of imprisonment of not less than two years but not more than six years and a fine of not less than P100,000 but not exceeding P200,000.

RA 7432, on the other hand, provides that senior citizens can avail of the benefits and privileges due them with the presentation of “proof” that they are entitled to avail of them, namely: an identification card issued by the Office of the Senior Citizen Affairs of the place where the senior citizen resides, passport of the senior citizen concerned, other documents that establish that the senior citizen is a citizen of the country and is at least 60.

Section 7 of RA 9994 states that “upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any person, establishment or business entity that fails to abide by the provisions of this Act.”

Institutions covered in the ordinance are pharmacies, drug stores, medical supplies store, private hospitals, medical facilities, outpatient clinics, home health care services, diagnostic and laboratory clinics, hotels and similar lodging establishment, restaurants, recreation centers, theaters, cinema houses, concert halls, funeral parlors, and shipping companies.

Dizon, however, clarified that the ordinance is not imposing penalties in addition to those stated under the two national laws.

“First, I would like to reiterate that the ordinance DOES NOT IMPOSE A NEW PENALTY. It only aims to provide the guidelines in revoking business permits (of those who)…violate the provisions of RA 9994 and RA 9442. The revocation of business permits is expressly provided under the penalty clauses of the two laws,” Dizon said in a prepared statement, copies of which were provided to the media.

By providing the guidelines, he said, the council has strengthened the implementation of existing laws. As approved, violation does not just mean failure to honor the mandatory discount and privileges but also the failure to reimburse following a decision rendered in favor of senior citizens or PWDs.

“While we aim to make Cebu City business-friendly, this does not mean we tolerate business establishments’ violations of the Expanded Senior Citizens Act and the Magna Carta for Persons with Disabilities,” Dizon said.

As provided for under Section 3 of the ordinance, senior citizens or PWDs who were refused any of the entitlements and privileges due them under existing laws shall file a complaint with Office of the Senior Citizen Affairs or Persons with Disability Affairs Office.

OSCA or PDAO will then notify the concerned institution or establishment of the complaint and will ask it to comment on the complaint.

OSCA and PDAO will be assisted by the city’s Department of Social Welfare and Services and the City Legal Office for the conduct of a clarificatory conference.

If found guilty, the business establishment would be asked to reimburse the complainant the total amount corresponding to the discount and other privileges granted by law.

“Upon proof that the covered institution did not act within 15 days on the resolution and undertaking following the clarificatory conference or fails to provide reimbursement, the City Legal Office shall submit a recommendation to the Office of the Mayor,” read the ordinance.

Senior citizens and PWDs are entitled to a 20-percent discount and exemption from value added tax in hotels, restaurants, pharmacies, cinema houses, concert halls, hospitals, recreation centers, among others. – /RHM (FREEMAN)