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From PDI - Good news for senior citizens
Sunday, July 12, 2009

Last month, courtesy of the office of Sen. Pia “Compañera” Cayetano, I received a copy of a draft consolidated committee report on pending Senate senior citizen bills. It was initially prepared by several Senate committees but the final product is more the work of the Committee on Social Justice, Welfare and Rural Development under Sen. Loren B. Legarda. Other co-authors of the measure are Senators Edgardo Angara, Miriam Defensor-Santiago, Manuel Villar and Antonio Trillanes IV.


Let me focus on some of the more important changes which will be of great benefit to senior citizens of our community.


As all senior citizens are aware of, the 20-percent discount we enjoyed under the law was drastically affected by the imposition of the 12-percent Expanded Value Added Tax (EVAT). In effect we were left with only an 8 percent benefit instead of the full 20 percent authorized by law.


The proposed legislation to be known as the “Expanded Senior Citizen Act of 2008” aims to correct this anomaly.


Henceforth, senior citizens shall be entitled to the following:


“A) The grant of 30-percent discount for the exclusive use and enjoyment of senior citizens from all establishments which are covered by the Expanded Value Added Tax (EVAT) Law on the following:


“i. On the purchase of medicines, including the purchase of influenza and pneumococcal vaccines and other essential medical supplies; provided, that the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior citizen patients, subject to implementing guidelines to be issued by the Department of Health;


“ii. On the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;


“iii. On the professional fees of attending physicians in all private hospitals, medical facilities, outpatient clinic and home care services;


“iv. In actual transportation fare for domestic air transport services and sea shipping vessel and the like, based on the actual fare, advanced booking and similar discounted fare; and


“v. On funeral and burial services for the death of senior citizens.


“B) The grant of a minimum of 20-percent discount for the exclusive use and enjoyment of senior citizens from all establishments not covered by the EVAT Law on the following:


“i. On medical and dental services, diagnostic and laboratory fees including medical supplies in all private hospitals and medical facilities, outpatient clinic and home care services, in accordance with the rules and regulations to be issued by the Department of Health in coordination with the Philippine Health Insurance Corporation (PhilHealth);


“ii. On admission fees charged by theaters, cinema houses and concert halls, circuses, carnivals and other similar places of culture, leisure and amusement;


“iii. In actual fare for land transportation travel in public utility buses (PUB), public utility jeepneys (PUJ), taxi, Asian Utility Vehicles (AUVs), shuttle services and public railways including light rail transit (LRT), mass rail transit (MRT), Philippine National Railways (PNR) and any skyway transport.”


NOTE: There is now a differentiation between establishments covered by the Expanded Value Added Law (EVAT) and those not covered by the same law. There is also a difference in the discount for air and sea transportation (30 percent), as against land transportation (20 percent).


The use of credit cards has always been a problem with some business establishments not honoring the discount if a senior citizen card is presented.


The new measure reads: “The discounts provided for herein may be availed of on cash or credit card purchases and also apply to value and promotional goods and services; provided, that in case of a specific discount offered on promotional goods and services is higher than the discount provided herein, the senior citizen shall avail of the higher discount provided, however, that in case the specific discount offered on promotional goods and services is less than the discounts provided herein, the said discount shall be deducted from the total discount senior citizens are entitled to and the difference shall be applied to enable them to enjoy the full discount provided in this Act.”


There is also a program covering vision services for senior citizens.


“For this purpose, senior vision services shall refer to services to elderly persons who have a functional visual impairment. ‘Functional visual impairment’ means an impairment of sight that interferes with the senior citizen’s ability to perform specific daily living skills and tasks. Persons who are not regarded as legally blind, pursuant to this paragraph, but who experience such an impairment of sight, shall be eligible for senior vision services. These services shall include but not be limited to, diagnostic tests and low vision screening, information and referral, client and family counseling, referrals for ophthalmological, optometric and optometric health care services, technical assistance and training for human services personnel to serve senior citizens who are blind or visually impaired.”


Punitive measures for violation of the law: “The owner, manager and/or employee of any establishment who refuses to honor the senior citizen card issued by the government shall, if found guilty, be punished by a fine of not less than ten thousand (P10,000) Pesos nor more than fifty thousand (P50,000) Pesos, or imprisonment of not less than one month nor more than six months, or both, at the discretion of the court.


“Upon filing of any 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 business entity that fails to abide by the provisions of this Act.”


* * *


Let me emphasize that this proposal is still pending in the Senate, and has a long way to go before final approval and implementation. But I am certain that the law will be passed. If you have any comments/recommendations, now is the time to be heard. Other proposed changes will be taken up in future columns.




posted by JoGJMac(http://titajo.blogspot.com) @ 2:57 PM  
2 Comments:
  • At August 3, 2009 at 3:47 AM, Anonymous Cherry D. said…

    Hi, Ma'am Josie.

    Cherry Dayandayan here. I would just like to express my frustration re problems on the full implementation of RA 9257, otherwise known as the “Expanded Senior Citizens Act of 2003" in our municipality.

    Monday of last week, July 27, I voiced out my sentiment to the council re non-implementation of the 20% discount on medicines in our local drugstores.

    Two (2) councilors asked that since this is an important concern, the presence of drugstore owners and the officers of the Senior Citizens Assoc. of Isabel should be required during the next session.

    August 3, said parties were present. I gave the drugstore owners the premise that we asked them to be present since we would like to request them to implement the said provision (20% discount for senior citizens). Unfortunately, a drugstore owner said it cannot be done since their profit gains are very minimal, that they're just operating small drugstores, that they still have a pending petition submitted to the Supreme Court for resolution, etc.

    All we heard were negative remarks, this despite us trying to explain that the Supreme Court ruled on the ambiguity of tax benefits due them - that instead of tax deduction (deduction on GROSS INCOME), they are entitled to a TAX CREDIT (deduction on TAX LIABILITY).

    As the discussion wore on, it was just frustrating that one officer of the Senior Citizens' Assoc. did not do much to "represent" the welfare of her members.

    She said she felt there was no need to avail of the said discount since "gamay ra man ni sila so okay ra nako."

    Mr. Tangpus, the SCA secretary pointed out that for her (SCA officer), it might be okay, but what about the rest of the senior citizens who are in dire straits?

    I was just frustrated that nothing came out of that particular concern. Everything's in STATUS QUO.

    I just wanted to air this out since some of us are trying to advance the senior citizens' cause, yet those who should be at the forefront are being passive.

    I know, Ma'am, how hard you've been trying to do something with regard to the senior citizens' situation in Isabel. I know you would understand where I'm coming from which is why I chose to leave a comment on your blog.

    I feel better now after letting it all out. Sorry, Ma'am, if it would seem like I'm making you my "wailing wall". Not my intention.
    It's just that I know you'd have a "sympathetic ear."

    And I know you could do something.:)

    Sincerely, Cherry.

     
  • At August 5, 2009 at 2:22 AM, Blogger JoGJMac(http://titajo.blogspot.com) said…

    Thanks so much for your concern re: the plight of our town's senior citizens. Congratulations for taking the first step - AWARENESS on the part of both parties: the senior citizens and the pharmacy owners.

    Getting discounts for medicines and groceries is just one of the many things we can do for the elderly. We can provide activities
    for their enjoyment through the association. Maybe medical check-up exclusively for them. A field trip or a simple get-together perhaps. How about a photo session for posterity? Singing contest. Spiritual and religious sessions with a priest or pastor. The list is endless.

    I'm sure the association president can take the cudgel. With your guidance, of course.

    Again, my congratulations. You are a true leader.

     
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