ni Atty. Persida Rueda-Acosta @Magtanong Kay Attorney | September 9, 2023
Dear Chief Acosta,
Ako ay isang person with disability (PWD). Madalas akong nag-o-online shopping ng groceries at pagkain. Maaari pa rin ba akong makapag-avail ng discount kahit sa online ako bumibili? – Kay
Dear Kay,
Malinaw na nakasaad sa Joint Memorandum Circular No. 1, Series of 2022, o kilala bilang “Guidelines on the Provision of the Mandatory Statutory Benefits and Privileges of the Senior Citizens and Persons with Disabilities on their Purchases Through Online (E-Commerce) and Phone Calls/SMS”, na may petsang ika-06 ng Mayo 2022, ang pagbibigay ng paalala sa mga business establishments na kailangang mag-comply sa batas at bigyan ng discounts ang mga covered goods at services, kahit ang mga ito ay binili/in-avail online ng senior citizens (SC) at persons with disability (PWD):
“Section 6. Mechanisms for the Availment of 20% and 5% Special Discount for Online Purchases of Senior Citizens and Persons with Disability. A Senior Citizen or a Person with Disability shall be entitled to the grant of 20% discount and 12% VAT-exempt of their purchase of goods and services; and 5% special discount for basic necessities and prime commodities provided herein, for their exclusive use and enjoyment.
A. General guidelines for availment
6.1. 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, and other pertinent requirements as prescribed in the succeeding provisions of this JMC.
The Person with Disability must present his/her Person with Disability ID, issued by the PDAO or the C/MSWDO of the place where the person with disability resides, or the NCDA, and other pertinent requirements as prescribed in the succeeding provisions of this JMC.
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 Person with Disability, and he/she shall present the relevant ID as required under the preceding paragraphs.
If the purchaser is children with disability, the parents have the full authority to purchase the product for their child and must only present the ID as required in this JMC.
B. E-Commerce Purchases through the internet or online platform:
6.5. The Senior Citizen or Person with Disability must, prior to placement of order, declare to the online platform/merchant that he/she is a Senior Citizen or a Person with Disability.
Upon confirmation of order/s, the Senior Citizen or Person with Disability must provide/attach a scanned copy/screenshot or image of his/her ID, as explained in paragraph 6.1 of this JMC.
In addition, the following shall also be attached by the Senior Citizen or the Person with Disability upon placement of the order:
6.5.1. For purchases of medicines, copy of the medical prescription, copy of the front page and last entry page of the Senior Citizen/ Person with Disability purchase booklet.
6.5.2. For purchases of basic necessities and prime commodities, copy of the front page and last entry page of the Senior Citizen/ Person with Disability purchase booklet for commodities.
6.6. Upon delivery of the goods/orders or performance of the service purchased through the online platform the Senior Citizen or the Person with Disability, or his/her authorized representative, shall present the original copy of the Senior Citizen or the Person with Disability proof of entitlement which was attached during the confirmation of his/her order/s together with the authorization letter, if applicable.
6.7. In the event that upon delivery of the goods/orders or performance of the service, the Senior Citizen, Person with Disability, or his/her authorized representative failure to present the Senior Citizen/ Person with Disability ID, or any government issued ID, as proof of discount entitlement and authorization letter, if applicable, the concerned platform/merchant may charge the Senior Citizen and the Person with Disability the full amount of the goods/orders or service.”
Alinsunod dito, ang online merchants/business establishments ay obligadong magbigay sa iyo ng mga diskuwento na ibinibigay sa mga PWD. Kung hindi ito ibigay sa iyo, maaari kang maghain ng reklamo sa Persons with Disability Affairs Office o sa local social welfare and development office ng lugar kung saan ka nakatira, o kung saan matatagpuan ang establisimyentong iyong irereklamo. Kung mapatunayan na totoo ang iyong reklamo, maaaring mapanagot ang kaukulang establisimyento para sa mga parusang itinatadhana ng Republic Act Nos. 9994 at 7277, as amended.
Sana ay nabigyan namin ng linaw ang iyong katanungan. Ang payong aming ibinigay ay base lamang sa mga impormasyon na iyong inilahad at maaaring magbago kung mababawasan o madaragdagan ang mga detalye ng iyong salaysay.
Maraming salamat sa iyong patuloy na pagtitiwala.
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