Violators Of R.a. 9257 Senior Citizen Law (20% Discount & Other Be

[Fusarium_jimini]

" Republic Act 9257 - Expanded Senior Citizens Act of 2003

Republic of the Philippines

Congress of the Philippines

Metro Manila

Twelfth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.

 

[Republic Act No. 9257]

AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7432, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

 

SECTION 1. This Act shall be known as the "Expanded Senior Citizens Act of 2003."

 

SEC. 2. Republic Act. No. 7432 is hereby amended to read as follows:

 

"SECTION 1. Declaration of Policies and Objectives. – Pursuant to Article XV, Section 4 of the Constitution, it is the duty of the family to take care of its elderly members while the State may design programs of social security for them. In addition to this, Section 10 in the Declaration of Principles and State Policies provides: "The State shall provide social justice in all phases of national development." Further, Article XIII, Section 11 provides: " The State shall adopt an integrated and comprehensive approach to health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underpriviledged, sick, elderly, disabled, women and children." Consonant with these constitution principles the following are the declared policies of this Act:

 

1. To motivate and encourage the senior citizens to contribute to nation building;

2. To encourage their families and the communities they live with to reaffirm the valued Filipino tradition of caring for the senior citizens;

3. To give full support to the improvement of the total well-being of the elderly and their full participation in society considering that senior citizens are integral part of Philippine society;

4. To recognize the rights of senior citizens to take their proper place in society. This must be the concern of the family, community, and government;

5. To provide a comprehensive health care and rehabilitation system for disabled senior citizens to foster their capacity to attain a more meaningful and productive ageing; and

6. To recognize the important role of the private sector in the improvement of the welfare of senior citizens and to actively seek their partnership.

 

In accordance with these policies, this Act aims to:

1. establish mechanism whereby the contribution of the senior citizens are maximized;

2. adopt measures whereby our senior citizens are assisted and appreciated by the community as a whole;

3. establish a program beneficial to the senior citizens, their families and the rest of the community that they serve; and

4. establish community-based health and rehabilitation programs in every political unit of society."

 

"SEC. 2. Definition of Terms. – For purposes of this Act, these terms are defined as follows:

 

1. "Senior citizen" or "elderly" shall mean any resident citizen of the Philippines at least sixty (60) years old;

2. "Benefactor" shall mean any person whether related to the senior citizens or not who takes care of him/her as a dependent;

3. "Head of the family" shall mean any person so defined in the National Internal Revenue Code, as amended; and

4. "Geriatrics" shall refer to the branch of medical science devoted to the study of the biological and physical changes and the diseases of old age."

 

...

 

"SEC. 4. Privileges for the Senior Citizens. – The senior citizens shall be entitled to the following:

 

1. the grant of twenty percent (20%) discount from all establishments relative to the utilization of services in hotels and similar lodging establishment, restaurants and recreation centers, and purchase of medicines in all establishments for the exclusive use or enjoyment of senior citizens, including funeral and burial services for the death of senior citizens;

2. a minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses and concert halls, circuses, carnivals, and other similar places of culture, leisure and amusement for the exclusive use or enjoyment of senior citizens;

3. exemption from the payment of individual income taxes: Provided, That their annual taxable income does not exceed the poverty level as determined by the National Economic and Development Authority (NEDA) for that year;

4. exemption from training fees for socioeconomic programs;

5. free medical and dental service, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to be issued by the Department of Health in coordination with the Philippine Health Insurance Corporation (PHILHEALTH);

6. the grant of twenty percent (20%) discount on medical and dental services, and diagnostic and laboratory fees provided under Section 4 (e) hereof, including professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the Department of Health, in coordination with the Philippine Health Insurance Corporation;

7. the grant of twenty percent (20%) discount in fare for domestic air and sea travel for the exclusive use or enjoyment of senior citizens;

8. the grant of twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of senior citizens;

9. educational assistance to senior citizens to pursue post secondary, tertiary, post tertiary, as well as vocational or technical education in both public and private schools through provision of scholarship, grants, financial aid subsidies and other incentives to qualified senior citizens, including support for books, learning materials, and uniform allowance, to the extent feasible: Provided, That senior citizens shall meet minimum admission requirement;

10. to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), Social Security System (SSS) and PAG-IBIG, as the case may be, as are enjoyed by those in actual service.

11. retirement benefits of retirees from both the government and private sector shall be regularly reviewed to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those in actual service.

12. to the extent possible, the government may grant special discounts in special programs for senior citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA); and

13. provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof, priority shall be given to them.

 

In the availment of the privileges mentioned above, the senior citizen or elderly person may submit as proof of his/her entitlement thereto any of the following:

 

1. an ID issued by the city or municipal mayor or of the barangay captain of the place where the senior citizen or the elderly resides;

2. the passport of the elderly person or senior citizen concerned; and

3. other documents that establish that the senior citizen or elderly person is a citizen of the Republic and is at least sixty (60) years of age.

 

The establishment may claim the discounts granted under (a), (f), (g) and (h) as tax deduction based on the net cost of the goods sold or services rendered: Provided That the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the discount is granted. Provided, further, That the total amount of the claimed tax deduction net of value added tax if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code, as amended."

 

"SEC. 5. Government Assistance. – The Government shall provided the following:

 

1. Employment

 

Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided information and matching services to enable them to be productive members of society. Terms of employments shall conform with the provisions of the labor code, as amended, and other laws, rules and regulations.

 

Private entities that will employ senior citizens as employees upon effectivity of this Act, shall be entitled to an additional deduction from their gross income, equivalent to fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens subject to the provision of Section 34 of the National Internal Revenue Code, as

 

amended: Provided, however, That such employment shall continue for a period of at least six (6) months: Provider, further, that the annual income of a senior citizen does not exceed he poverty level as determined by the National Economic and Development Authority (NEDA) for that year.

 

The Department of Labor and Employment (DOLE), in coordination with other government agencies such as, but not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department and Trade and Industry (DTI), shall assess, design and implement training programs that will provide skills and welfare or livelihood support for senior citizens.

 

( Education

 

The Department of Education (DepEd), Technical Education and Skill Development Authority (TESDA) and the Commission and Higher Education (CHED), in consultation of non-government organizations (NGOs) and people’s organizations (Pos) for senior citizen, shall institute a program that will ensure access to formal and non-formal education.

 

(c ) Health

 

The Department of Health (DOH), in coordination with local government units (LGUs), non-government organizations (NGOs) and people’s organizations (Pos) for senior citizens, shall institute a national health program and shall provide an integrated health service for senior citizens. It shall train community-based health workers among senior citizens and health personnel to specialize in the geriatric care health problems of senior citizens.

 

(d) Social Services

 

The Department of Social Welfare and Development (DSWD), in cooperation with the Office for Senior Citizen affairs (OSCA) and the local government units, non-government organizations and peoples organizations for senior citizens, shall develop and implement programs on social services for senior citizens, the components of which are:

 

1. "self and social enhancement services" which provide senior citizens opportunities for socializing, organizing, creative expression, and improvement of self;

 

2)" after care and follow-up services" which provide senior citizen who are discharged from the home/institutions for the aged, especially those who have problems of reintegration with family and community, wherein both the senior citizens and their families are provided with counseling;

 

3)"neighborhood support services: wherein the community/family members provide care giving services to their frail, sick, or bedridden senior citizens; and

 

4) "substitute family care" in the form of residential care/group homes for

 

the abandoned, neglected, unattached or homeless senior citizens and those incapable of self-care.

 

The grant of at least fifty percent (50%) discount for the consumption of electricity, water and telephone by the senior citizens center and residential care/group homes that are non-stock, non-profit domestic corporation organized and operated exclusively for the purpose of promoting of well-being of abandoned, neglected, unattached, or homeless senior citizens.

 

(e) Housing

 

The national government shall include in its national shelter program the special housing needs of senior citizens, such as establishment of housing units for the elderly;

 

(f) Access to Public Transport

 

The Department of Transportation and Communication (DOTC) shall develop a program to assist senior citizens to fully gain access in the use of public transport facilities.

 

Further, the government shall provide the following assistance to those caring for and living with the senior citizens:

 

(a)The senior citizen shall be treated as dependents provided for in the National Inter Revenue Code, as amended, and as such, individual taxpayers caring for them, be they relatives or not shall be accorded the privileges granted by the Code insofar as having dependents are concerned.

 

(b)Individuals or non-government institutions establishing homes, residential communities or retirement villages solely for the senior citizens shall be accorded the following:

 

(1) realty tax holiday for the first five (5) years starting from the first year of operation;

 

(2) priority in the building and/or maintenance of the provincial or municipal roads leading to the aforesaid home, residential community or retirement village."

 

..."

 

 

Maraming violators ng batas na ito, especially Section 4..

 

List/post here those establishments & institutions that violates R.A. 9257: Expanded Seniors Citizen Act of 2003, especially Sections 4 and 5..

[Fusarium_jimini]

My parents (both were seniors already) ate at Tokyo Tokyo SM Manila branch 2 days ago. My dad forgot to bring his I.D. so they used my mom's instead. ordered 2 meals, one 95 pesos other 90 pesos; also ordered their drinks and some maki. total food bill was almost 300 pesos.. Tokyo Tokyo only computed the 20% seniors discount from the more expensive item ordered (the 95 peso meal) instead of the required maximum discountable amount of 250 pesos... sa madaling salita instead of 50 pesos discount nila (50 pesos being 20% of 250 pesos which they are entitled) 20 pesos lang na-discount nila..Also what they did was to print the discounted 95 peso meal on a separate receipt to make it look like that two different customers ordered the 95 pesos meal from the rest of the orders; obviously with malicious intent..Dad was furious and (being a lawyer) filed a complaint in Manila City Hall and DTI..We're awaiting what will happen next week..

 

From now on we will boycott Tokyo Tokyo SM Manila Branch..come to think of it, because the branch manager said that its the policy of Tokyo Tokyo in general we will boycott the Tokyo Tokyo food chain..

 

Buti pa Jolibee, McDo, KFC, etc...these food chains grant 20% discount up to 250 pesos food bill regardless of number and ages of persons in the receipt so long as one has a valid seniors ID..heck, even Savory Fried Chicken in SM San Lazaro gave the 20% seniors discount discount up to 300 pesos food purchase..

Edited June 12, 2009 by Fusarium_jimini

[robbietan]

the colorum fx transport never gives senior citizen discounts, being colorum and all. another point for the cops to go after thes colorum transpos

[mickeyren]

My parents (both were seniors already) ate at Tokyo Tokyo SM Manila branch 2 days ago. My dad forgot to bring his I.D. so they used my mom's instead. ordered 2 meals, one 95 pesos other 90 pesos; also ordered their drinks and some maki. total food bill was almost 300 pesos.. Tokyo Tokyo only computed the 20% seniors discount from the more expensive item ordered (the 95 peso meal) instead of the required maximum discountable amount of 250 pesos... sa madaling salita instead of 50 pesos discount nila (50 pesos being 20% of 250 pesos which they are entitled) 20 pesos lang na-discount nila..Also what they did was to print the discounted 95 peso meal on a separate receipt to make it look like that two different customers ordered the 95 pesos meal from the rest of the orders; obviously with malicious intent..Dad was furious and (being a lawyer) filed a complaint in Manila City Hall and DTI..We're awaiting what will happen next week..

 

I've always thought that the discount only applies to whatever the senior citizen consumed, not for the entire party. So ganito pala, the discount applies to the total bill. Most of the restaurants (if not all), that I ate at with my mom, they only sort of apply the discount to her. So if there were 3 of us, they would only apply the 20% discount 1/3 of the total amount.

 

So under law the senior discount should be applied to the entire amount in the receipt then?

[Fusarium_jimini]

some restos apply the seniors discount to the whole bill, others apply it only to the meal consumed by the senior in the eating party. But in the case of my parents both were already seniors. Though my dad forgot his I.D. he's already 72 y/o and it shows in his face. Kaya he fuming mad coz if other food chains like jolibee, mcdo, KFC, goldilocks, etc. can accomodate them kahit isa lang sa kanila magpakita ng I.D. then why can't Tokyo2?

 

People, please post also the drugstores that does not give 20% seniors discount in the purchase of medicines. Meron dito sa Tondo, Trustworthy Drugstore, which gives 5% discount only for generic drugs and 10% discount for branded ones.

[Rex Steele]

I've always thought that the discount only applies to whatever the senior citizen consumed, not for the entire party. So ganito pala, the discount applies to the total bill. Most of the restaurants (if not all), that I ate at with my mom, they only sort of apply the discount to her. So if there were 3 of us, they would only apply the 20% discount 1/3 of the total amount.

 

So under law the senior discount should be applied to the entire amount in the receipt then?

 

1. the grant of twenty percent (20%) discount from all establishments relative to the utilization of services in hotels and similar lodging establishment, restaurants and recreation centers, and purchase of medicines in all establishments for the exclusive use or enjoyment of senior citizens, including funeral and burial services for the death of senior citizens;

 

No, it only applies to whatever the senior citizens ate.

 

Most restaurants have a limit (like 250 pesos) because they expect one senior citizen can consume up to that amount of food per visit and it's easier to program into their POS cash registers.

Edited June 16, 2009 by Rex Steele

[Rex Steele]

My parents (both were seniors already) ate at Tokyo Tokyo SM Manila branch 2 days ago. My dad forgot to bring his I.D. so they used my mom's instead. ordered 2 meals, one 95 pesos other 90 pesos; also ordered their drinks and some maki. total food bill was almost 300 pesos.. Tokyo Tokyo only computed the 20% seniors discount from the more expensive item ordered (the 95 peso meal) instead of the required maximum discountable amount of 250 pesos... sa madaling salita instead of 50 pesos discount nila (50 pesos being 20% of 250 pesos which they are entitled) 20 pesos lang na-discount nila..Also what they did was to print the discounted 95 peso meal on a separate receipt to make it look like that two different customers ordered the 95 pesos meal from the rest of the orders; obviously with malicious intent..Dad was furious and (being a lawyer) filed a complaint in Manila City Hall and DTI..We're awaiting what will happen next week..

 

From now on we will boycott Tokyo Tokyo SM Manila Branch..come to think of it, because the branch manager said that its the policy of Tokyo Tokyo in general we will boycott the Tokyo Tokyo food chain..

 

Buti pa Jolibee, McDo, KFC, etc...these food chains grant 20% discount up to 250 pesos food bill regardless of number and ages of persons in the receipt so long as one has a valid seniors ID..heck, even Savory Fried Chicken in SM San Lazaro gave the 20% seniors discount discount up to 300 pesos food purchase..

 

I agree with you that they should have been gracious enough to discount your father's meal, too, if they wanted you to return to their establishment (and most experienced restaurant managers would probably acquiesce). However, they also had a right not to:

 

In the availment of the privileges mentioned above, the senior citizen or elderly person may submit as proof of his/her entitlement thereto any of the following:

 

1. an ID issued by the city or municipal mayor or of the barangay captain of the place where the senior citizen or the elderly resides;

2. the passport of the elderly person or senior citizen concerned; and

3. other documents that establish that the senior citizen or elderly person is a citizen of the Republic and is at least sixty (60) years of age.

[rockybrawler]

some restos apply the seniors discount to the whole bill, others apply it only to the meal consumed by the senior in the eating party. But in the case of my parents both were already seniors. Though my dad forgot his I.D. he's already 72 y/o and it shows in his face. Kaya he fuming mad coz if other food chains like jolibee, mcdo, KFC, goldilocks, etc. can accomodate them kahit isa lang sa kanila magpakita ng I.D. then why can't Tokyo2?

 

People, please post also the drugstores that does not give 20% seniors discount in the purchase of medicines. Meron dito sa Tondo, Trustworthy Drugstore, which gives 5% discount only for generic drugs and 10% discount for branded ones.

 

 

I agree with you that they should have been gracious enough to discount your father's meal, too, if they wanted you to return to their establishment (and most experienced restaurant managers would probably acquiesce). However, they also had a right not to:

Bros,

Please don't blame the establishment if they weren't able (note: weren't able, not didn't want) to give the discount. Part of the stipulations for the discount is the presentation of the Senior Citizens ID of which the ID number will be listed and the ID card holder will HAVE TO SIGN THE RECEIPT as proof that it was a legitimate discount.

If your dad had his id that time then the discount would have been given with no questions asked.

[rockybrawler]

BTW, all spas, massage parlors and night clubs have no senior citizens discount.

[Fusarium_jimini]

UST Hospital does not grant 20% senior citizens discount for laboratory diagnostic procedures (blood tests, urinalysis, fecalysis, etc.), ECG's, and x-ray procedures done or requested on sundays..and for any other day of the week UST Hospital also suspends the 20% senior citizen discount for the same radiographic / diagnostic / laboratory procedures STAT requested in the emergency / treatment room..

[mhengh]

you guys should email your experiences to Ramon Farolan of Philippine Daily Inquirer...his column every Monday most often features stories that relate violations of this law...

[lomex32]

As long as they are entitled to ES .... perhaps no one would mind

 

BTW, all spas, massage parlors and night clubs have no senior citizens discount.

[rockybrawler]

As long as they are entitled to ES .... perhaps no one would mind

They should give Senior citizen discounts for DOMs.

 

 

 

 

 

JOke.

[dakota]

BTW, all spas, massage parlors and night clubs have no senior citizens discount.

 

 

 

Kasi wala naman aamin na senior citizen na sila otherwise parang inamin na nilang mga DOM na nga sila. :thumbsupsmiley:

[rockybrawler]

Kasi wala naman aamin na senior citizen na sila otherwise parang inamin na nilang mga DOM na nga sila. :thumbsupsmiley:

If they DO give out discounts for seniors in spas or mps, I'll be the first to get a FAKE seniors id.

[ladyboy]

pag promo n di n pede discounts

[jopoc]

If they DO give out discounts for seniors in spas or mps, I'll be the first to get a FAKE seniors id.

 

 

hindi mo na kailangan ng ID, pre. hahahahaha

[rockybrawler]

hindi mo na kailangan ng ID, pre. hahahahaha

Aywa ako bigyan ng discount, pre. hahahah.

[bekim]

If they DO give out discounts for seniors in spas or mps, I'll be the first to get a FAKE seniors id.

 

 

Sa Ginza they give discount to senior citizens.

[HOT PAPA]

Sa Ginza they give discount to senior citizens.

 

 

 

 

......totoo, ma-try nga dito......

[jerpau]

ask q lang..what if ung senior citizen e bumili at nag take out ng marame sa isang fast food chain..

i know na hindi lahat ng yun makakaen nya at ang pag kakaalam ko hindi lahat ata ng food dun sa establishment na yun pwede sa 20% discount..

so yun..narinig ko na ung senior citizen tinanong kung anu yung kakainin nya sa inorder nya at yun lang daw ang pwedeng my 20% na discount at yung iba regular price..

ask ko lang kung tama ba yun??yung kakainin lang ng senior citizen yung my bawas?

[centrino]

ask q lang..what if ung senior citizen e bumili at nag take out ng marame sa isang fast food chain..

i know na hindi lahat ng yun makakaen nya at ang pag kakaalam ko hindi lahat ata ng food dun sa establishment na yun pwede sa 20% discount..

so yun..narinig ko na ung senior citizen tinanong kung anu yung kakainin nya sa inorder nya at yun lang daw ang pwedeng my 20% na discount at yung iba regular price..

ask ko lang kung tama ba yun??yung kakainin lang ng senior citizen yung my bawas?

 

 

Pursuant to National Coordinating and Monitoring Board (NCMB) Resolution No. 3 – 2009, Series of 2009:

 

a) The 20% senior citizens discount shall be for the “exclusive use and enjoyment” of the senior citizen and shall mean “for the senior citizen’s personal consumption” only;

The 20% discount shall apply to value and promotional meals;

c) The 20% discount shall apply to food purchases paid via credit card where such credit card facility is available;

d) The full 20 % discount shall be applied to the actual total price of all Dine-In food purchases provided it is purchased for the exclusive consumption of such senior citizen at the time of purchase and upon presentation of necessary senior citizen identification requirements;

e) The 20% senior citizens discount shall not apply to “kiddie” meals primarily prepared and marketed for children;

f) The 20% senior citizens discount shall apply to take-out/take-home, drive-thru, and delivery orders as qualified by the Most Expensive Meal Combination (MEMC); and

g) When ordering/dining in a group, the following formula shall be applied:

 

Total Billing Amount

------------------- = Individual Consumption of a Senior Citizen with ID x 20%

No. of Customers

 

For any violations or complaints, report these to your local Office of Senior Citizens Affairs (OSCA) under the Mayor’s Office.

 

So the answer to your question is YES. For Senior citizens lang po ang priviledge na ito... Mahirap naman kung pati sa mga parties eh i-apply ang discount for seniors just because yung senior ang magbabayad... Let us remember that this discount is a subsidy given by our government to assist our elderly...

Edited April 19, 2010 by centrino

[centrino]

the colorum fx transport never gives senior citizen discounts, being colorum and all. another point for the cops to go after thes colorum transpos

 

 

That's because FX transport group are deregulated ...

[centrino]

No, it only applies to whatever the senior citizens ate.

 

Most restaurants have a limit (like 250 pesos) because they expect one senior citizen can consume up to that amount of food per visit and it's easier to program into their POS cash registers.

 

 

Sir, it will be very hard to qualify amount for the discounts as each food and beverage outlet has different average checks. Meaning a full meal could cost 200 in some fast foods and 2000 in other restaurants. Hence the 20% senior citizens discount shall apply to take-out/take-home, drive-thru, and delivery orders as qualified by the Most Expensive Meal Combination (MEMC) offered by the F&B outlet.

[centrino]

Bros,

Please don't blame the establishment if they weren't able (note: weren't able, not didn't want) to give the discount. Part of the stipulations for the discount is the presentation of the Senior Citizens ID of which the ID number will be listed and the ID card holder will HAVE TO SIGN THE RECEIPT as proof that it was a legitimate discount.

If your dad had his id that time then the discount would have been given with no questions asked.

 

I agree!!! The establishment may reserve the rights to deny anybody of the senior citizen discount in the absence of supporting documents to the person's age and nationality. Eh pano kung kahit obvious na above 60 na kaso hindi naman pala citizen? Or pinoy na pinoy nga pero matanda lang tignan. In almost any case, supporting documents are deemed necessary. Kung nahuli akong nagdadrive sa edsa at wala akong license hindi ko pwedeng sabihin na i'm obviously above 18 so I should have a license... naiwan ko lang sa bahay. :upside: