Government Agencies Issue Joint Guidelines on Statutory Benefits and Privileges for Senior Citizens and PWDs’ Online and Phone/SMS Purchases

In a Joint Memorandum Circular (JMC) issued last May 6, 2022, the Department of Trade and Industry, Department of Social Welfare and Development, National Commission of Senior Citizens, National Council on Disability Affairs, Department of Health, Department of Interior and Local Government, and the Bureau of Internal Revenue released guidelines on the provision of the mandatory statutory benefits and privileges of the senior and persons with disabilities on their purchases through online (E-Commerce) and phone call/SMS.

 

The JMC’s objective is to ensure and require persons and businesses establishments to comply with existing relevant rules and guidelines, particularly on the grant of Senior Citizen and Persons with Disability discounts mandated by law on the purchase of covered goods and services using the digital/online platforms. The JMC shall apply to all persons, natural or juridical, registered or not, engaged in the sale of goods and services as provided under R.A. Nos. 7581, 9994, and 10754 using the open network or the Internet. All transactions made through the telephone/mobile phone/mobile applications are also covered by the JMC.

 

The mechanisms for the availment of 20% and 5% special discount for online purchases of senior citizens and persons with disability are the following:

 

1. General guidelines for availment
   
   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 the JMC.
      
      The Person with Disability must present the 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 the 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 the JMC.
   2. On the purchase of group meals, the basis of the 20% discount for a Senior Citizen and Person with Disability shall be on the amount corresponding to the combination of the most expensive and biggest single serving meal with beverage served in a quick service restaurant, is deemed flexible and is adjusted accordingly by food establishments to estimate a single food purchase for an individual Senior Citizen and Person with Disability.
   3. 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.
   4. The statutory discount provided by law shall be observed by business establishments regardless of who is the source of payment or mode of payment, provided that the goods and services are for the exclusive use of the Senior Citizen or Person with Disability.
      
2. E-Commerce purchases through the internet or online platform
   1. 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 1.1.
      
      In addition, the following shall also be attached by the Senior Citizen or the Person with Disability upon placement of the order:
      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.
      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.
   2. Upon the delivery of the goods/order or performance of the service purchased through the online platform the Senior Citizen or the Person with Disability, or his/her duly 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.
   3. 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.
      
3. Purchases through the telephone or mobile phone call
   1. The Senior Citizen or Person with Disability must upon placement of order provide his/her name, date of birth, and the ID number of those provided under Section 6.1 of the JMC, as proof of discount entitlement.
   2. The business establishment shall exert effort and ask the customer if he/she is a Senior Citizen and/or Person with Disability.
   3. After completing the order, the business establishment shall apply the appropriate discount to the price of the goods or services for the consumption of the Senior Citizen or Person with Disability.
   4. Upon delivery of the goods/orders or performance of the service, the Senior Citizen or Person with Disability must present his/her Senior Citizen or Person with Disability proof of entitlement together with the authorization letter, if applicable, to the business establishment representative or its third-party service provider.
   5. In the event that upon delivery of the goods/orders or performance of the service purchased through phone call/mobile call, the Senior Citizen and Person with Disability or his/her authorized representative failure to present the Senior Citizen or 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 Person with Disability the full amount of the goods/orders or services.

Further pertinent information on the Authorized Representative, Pick-up of Goods Purchased Through E-commerce or Phone/Mobile, Complaints Handling, Penalties, Data Privacy Compliance, and the entire JMC, can be found here.