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Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
Republic Act No. 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"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act Shall be known as the "Expanded Senior Citizens Act of 2010."
Section 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. - As provided in the Constitution of the Republic of the Philippines, it is the declared policy of the State to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life. In the Declaration of Principles and State Policies in Article II, Sections 10 and 11, it is further declared that the State shall provide social justice in all phases of national development and that the State values the dignity of every human person and guarantees full respect for human rights.
"Article XIII, Section 11 of the Constitution provides that the Sate shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and children. Article XV, Section 4 of the Constitution Further declares that 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.
"Consistent with these constitutional principles, this Act shall serve the following objectives:
"(a) To recognize the rights of senior citizens to take their proper place in society and make it a concern of the family, community, and government;
"(b) 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;
"(c) To motivate and encourage the senior citizens to contribute to nation building;
"(d) To encourage their families and the communities they live with to reaffirm the valued Filipino tradition of caring for the senior citizens;
"(e) 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
"(f) 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 objectives, this Act shall:
"(1) establish mechanisms whereby the contributions 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 they serve: and
"(4) establish community-based health and rehabilitation programs for senior citizens in every political unit of society."
Section 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
SEC. 2. Definition of terms. - For purposes of this Act, these terms are defined as follows:
"(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60) years old;
"(b) Geriatrics refer to the branch of medical science devoted to the study of the biological and physical changes and the diseases of old age;
"(c) Lodging establishment refers to a building, edifice, structure, apartment or house including tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing or providing facilities to transients, tourists or travelers;
"(d) Medical Services refer to hospital services, professional services of physicians and other health care professionals and diagnostics and laboratory tests that the necessary for the diagnosis or treatment of an illness or injury;
"(e) Dental services to oral examination, cleaning, permanent and temporary filling, extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis or treatment of an illness or injury;
"(f) Nearest surviving relative refers to the legal spouse who survives the deceased senior citizen: Provided, That where no spouse survives the decedent, this shall be limited to relatives in the following order of degree of kinship: children, parents, siblings, grandparents, grandchildren, uncles and aunts;
"(g) Home health care service refers to health or supportive care provided to the senior citizen patient at home by licensed health care professionals to include, but not limited to, physicians, nurses, midwives, physical therapist and caregivers; and
"(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, and without pension or permanent source of income, compensation or financial assistance from his/her relatives to support his/her basic needs, as determined by the Department of Social Welfare and development (DSWD) in consultation with the National Coordinating and Monitoring Board."
Section 4 Section 4 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SEC. 4. Privileges for the Senior Citizens. -
The senior citizens shall be entitled to the following:
"(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if applicable, on the sale of the following goods and services from all establishments, for the exclusive use and enjoyment or availment of the senior citizen
"(1) on the purchase of medicines, including the purchase of influenza and pnuemococcal vaccines, and such other essential medical supplies, accessories and equipment to be determined by the Department of Health (DOH).
"The DOH shall establish guidelines and mechanism of compulsory rebates in the sharing of burden of discounts among retailers, manufacturers and distributors, taking into consideration their respective margins;
"(2) on the professional fees of attending physician/s in all private hospitals, medical facilities, outpatient clinics and home health care services;
"(3) on the professional fees of licensed professional health providing home health care services as endorsed by private hospitals or employed through home health care employment agencies;
"(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals, medical facilities, outpatient clinics, and home health care services, in accordance with the rules and regulations to be issued by the DOH, in coordination with the Philippine Health Insurance Corporation (PhilHealth);
"(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine National Railways (PNR);
"(6) in actual transportation fare for domestic air transport services and sea shipping vessels and the like, based on the actual fare and advanced booking;
"(7) on the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;
"(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, leisure and amusement; and
"(9) on funeral and burial services for the death of senior citizens;
"(b) exemption from the payment of individual income taxes of senior citizens who are considered to be minimum wage earners in accordance with Republic Act No. 9504;
"(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity supplied by the public utilities: Provided, That the individual meters for the foregoing utilities are registered in the name of the senior citizen residing therein: Provided, further, That the monthly consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of water: Provided, furthermore, That the privilege is granted per household regardless of the number of senior citizens residing therein;
"(d) exemption from training fees for socioeconomic programs;
"(e) free medical and dental services, 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 DOH in coordination with the PhilHealth;
"(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior citizen patients;
"(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post tertiary, vocational and technical education, as well as short-term courses for retooling in both public and private schools through provision of scholarships, grants, financial aids, subsides and other incentives to qualified senior citizens, including support for books, learning materials, and uniform allowances, to the extent feasible: Provided, That senior citizens shall meet minimum admission requirements;
"(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), the Social Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual service;
"(i) retirement benefits of retirees from both the government and the 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;
"(j) 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);
"(k) provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof, priority shall be given to them; and
"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the nearest surviving relative of a deceased senior citizen which amount shall be subject to adjustments due to inflation in accordance with the guidelines to be issued by the DSWD.
"In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative, may submit as proof of his/her entitled thereto any of the following:
"(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior citizen resides: Provided, That the identification card issued by the particular OSCA shall be honored nationwide;
"(2) the passport of the senior citizen concerned; and
"(3) other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of age as further provided in the implementing rules and regulations.
"In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the promotional discount or the discount provided herein, whichever is higher.
"The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax deduction based on the 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 VAT, 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 (NICR), as amended."
Section 5. Section 5 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 5. Government Assistance. - The government shall provide the following:
"(a) 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 employment 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 the 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 NIRC, as amended: Provided, however, That such employment shall continue for a period of at least six (6) months: Provided, further, That the annual income of the senior citizen does not exceed the latest poverty threshold as determined by the National Statistical Coordination Board (NSCB) of 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 of Trade and Industry (DTI), shall assess, design and implement training programs that will provide skills and welfare or livelihood support for senior citizens.
"(b) Education
"The Department of Education (DepED), the Technical Education and Skills Development Authority (TESDA) and the Commission on Higher Education (CHED), in consultation with nongovernmental organizations (NGOs) and people's organizations (POs) for senior citizens, shall institute programs that will ensure access to formal and nonformal education.
"(c) Health
"The DOH, in coordination with local government units (LGUs), NGOs and 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 and health problems of senior citizens.
"The national health program for senior citizens shall, among others, be harmonized with the National Prevention of Blindness Program of the DOH.
"Throughout the country, there shall be established a "senior citizens' ward" in every government hospital. This geriatric ward shall be for the exclusive use of senior citizens who are in need of hospital confinement by reason of their health conditions. However, when urgency of public necessity purposes so require, such geriatric ward may be used for emergency purposes, after which, such "senior citizens' ward" shall be reverted to its nature as geriatric ward.
"(d) Social Services
"At least fifty percent (50%) discount shall be granted on the consumption of electricity, water, and telephone by the senior citizens center and residential care/group homes that are government-run or non-stock, non-profit domestic corporation organized and operated primarily for the purpose of promoting the well-being of abandoned, neglected, unattached, or homeless senior citizens, subject to the guidelines formulated by the DSWD.
"(1) "self and social enhancement services" which provide senior citizens opportunities for socializing, organizing, creative expression, and self-improvement;
"(2) "after care and follow-up services" for citizens who are discharged from the homes or 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 or family members provide caregiving services to their frail, sick, or bedridden senior citizens; and
"(4) "substitute family care " in the form of residential care or group homes for the abandoned, neglected, unattached or homeless senior citizens and those incapable of self-care.
"(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 Communications (DOTC) shall develop a program to assist senior citizens to fully gain access to public transport facilities.
"(g) Incentive for Foster Care
"The government shall provide incentives to individuals or nongovernmental institution caring for or establishing homes, residential communities or retirement villages solely for, senior citizens, as follows:
"(1) realty tax holiday for the first five (5) years starting from the first year of operation; and
"(2) priority in the construction or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement village.
"(h) Additional Government Assistance
"(1) Social Pension
"Indigent senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos (Php500.00) to augment the daily subsistence and other medical needs of senior citizens, subject to a review every two (2) years by Congress, in consultation with the DSWD.
"(2) Mandatory PhilHealth Coverage
"All indigent senior citizens shall be covered by the national health insurance program of PhilHealth. The LGUs where the indigent senior citizens resides shall allocate the necessary funds to ensure the enrollment of their indigent senior citizens in accordance with the pertinent laws and regulations.
"(3) Social Safety Nets
"Social safety assistance intended to cushion the effects of economics shocks, disasters and calamities shall be available for senior citizens. The social safety assistance which shall include, but not limited to, food, medicines, and financial assistance for domicile repair, shall be sourced from the disaster/calamity funds of LGUs where the senior citizens reside, subject to the guidelimes to be issued by the DSWD."
Section 6. Section 6 of the same Act, as amended, is heeby further amended to read as follows:
SEC. 6. The Office for Senior Citizens Affairs (OSCA). - There shall be established in all cities and municipalities an OSCA to be headed by a senior citizen who shall be appointed by the mayor for a term of three (3) years without reappointment but without prejudice to an extension if exigency so requires. Said appointee shall be chosen from a list of three (3) nominees as recommended by a general assembly of senior citizens organizations in the city or municipality.
"The head of the OSCA shall be appointed to serve the interest of senior citizens and shall not be removed or replaced except for reasons of death permanent disability or ineffective performance of his duties to the detriment of fellow senior citizens.
"The head of the OSCA shall be entitled to receive an honorarium of an amount at least equivalent to Salary Grade 10 to be approved by the LGU concerned.
"The head of the OSCA shall be assisted by the City Social Welfare and Development officer or by the Municipal Social Welfare and Development Officer, in coordination with the Social Welfare and Development Office.
"The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and programs for senior citizens. The OSCA shall work together and establish linkages with accredited NGOs Pos and the barangays in their respective areas.
"The OSCA shall have the following functions:
"(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this Act;
"(b) To draw up a list of available and required services which can be provided by the senior citizens;
"(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue national individual identification cards, free of charge, which shall be valid anywhere in the country;
"(d) To serve as a general information and liason center for senior citizens;
"(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts and privileges to senior citizens;
"(f) To report to the mayor, any individual, establishments, business entity, institutions or agency found violating any provision of this Act; and
"(g) To assist the senior citizens in filing complaints or charges against any individual, establishments, business entity, institution, or agency refusing to comply with the privileges under this Act before the Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional or the municipal trial court, the municipal trial court in cities, or the municipal circuit trial court."
Section 7. Section 10 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 10. Penalties. - Any person who refuses to honor the senior citizen card issued by this the government or violates any provision of this Act shall suffer the following penalties:
"(a) For the first violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not less than Fifty thousand pesos (Php50,000.00) but not exceeding One hundred thousand pesos (Php100,000.00);
"(b) For any subsequent violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not less than One Hundred thousand pesos (Php100,000.00) but not exceeding Two hundred thousand pesos (Php200,000.00); and
"(c) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6) months and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00).
"If the offender is a corporation, partnership, organization or any similar entity, the officials thereof directly involved such as the president, general manager, managing partner, or such other officer charged with the management of the business affairs shall be liable therefor.
"If the offender is an alien or a foreigner, he/she shall be deported immediately after service of sentence.
"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."
Section 8. Section 11 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 11. Monitoring and Coordinating Mechanism. - A National Coordinating and Monitoring Board shall be established which shall be composed of the following:
"(a) Chairperson - the Secretary of the DSWD or an authorized representative;
"(b) Vice Chairperson - the Secretary of the Department of the Interior and Local Government (DILG) or an authorized representative; and
"(c) Members:
"(1) the Secretary of the DOJ or an authorized representative;
"(2) the Secretary of the DOH or an authorized representative;
"(3) the Secretary of the DTI or an authorized representative; and
(4) representatives from five (5) NGOs for senior citizens which are duly accredited by the DSWD and have service primarily for senior citizens. Representatives of NGOs shall serve a period of tree (3) years.
"The Board may call on other government agencies, NGOs and Pos to serve as resource persons as the need arises. Resource person have no right to vote in the National Coordinating and Monitoring Board."
Section 9. Implementing Rules and Regulations. - Within sixty (60) days from theeffectivity of this Act, the Secretary of the DSWD shall formulate and adopt amendments to the existing rules and regulations implementing Republic Act No. 7432, as amended by Republic Act No. 9257, to carry out the objectives of this Act, in consultation with the Department of Finance, the Department of Tourism, the Housing and Urban Development Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG, the DTI, the DOH, the DOTC, the NEDA, the DepED, the TESDA, the CHED, and five (5) NGOs or POs for the senior citizens duly accredited by the DSWD. The guidelines pursuant to Section 4(a)(i) shall be established by the DOH within sixty (60) days upon the effectivity of this Act.
Section 10. Appropriations. - The Necessary appropriations for the operation and maintenance of the OSCA shall be appropriated and approved by the LGUs concerned. For national government agencies, the requirements to implement the provisions of this Act shall be included in their respective budgets: Provided, That the funds to be used for the national health program and for the vaccination of senior citizens in the first year of the DOH and thereafter, as a line item under the under the DOH budget in the subsequent General Appropriations Act (GAA): Provided, further, That the monthly social pension for indigent senior citizens in the first year of implementation shall be added to the regular appropriations of the DSWD budget in the subsequent GAA.
Section 11. Repealing Clause. - All law, executive orders, rules and regulations or any part hereof inconsistent herewith are deemed repealed or modified accordingly.
Section 12. Separability Clause. - If any part or provision of this Act shall be declared unconstitutional and invalid, such 18 declaration shall not invalidate other parts thereof which shall remain in full force and effect.
Section 13. Effectivity. - This Act shall take effect fifteen (15) days its complete publication n the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
Approved

(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives    (Sgd.) JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 3561 and House Bill No. 6390 was finally passed by the Senate and the House of Representatives on January 27, 2010.

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives    (Sgd.) EMMA LIRIO-REYES
Secretary of Senate

Approved: FEB 15, 2010
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

TO:        ALL DSAP MEMBERS
FROM:  DSAP NATIONAL AFFAIRS COMMITTEE
RE:        OFFICIAL STAND OF DSAP ON THE IMPLEMENTATION OF THE REPUBLIC  ACT NO. 9442 (MAGNA CARTA FOR PERSONS WITH DISABILITY)

BACKGROUND:

Republic Act 9442 better known as Magna Carta for Person with Disability was passed into law on April 30, 2007. The law amended RA 7277 by expanding definition of “disability” and giving additional privilege to the people with disability (PWD). The privilege includes 20% discount on all purchases of
medicines.

DSAP was only invited in one of the public hearings in the Senate for the IRR and only once by the DOH during the formulation of the administrative orders (AO).
 
STATEMENT OF INTEREST:

It must be emphasized that DSAP does not dispute the aims for RA 7277 as amended by RA 9442 including the granting of privilege of 20% discount on purchase of medicines. As a matter of fact, DSAP commends the State for providing means to care for the PWDs by formulating policies that support the rehabilitation, self-development and self-reliance of this sector such that they may lead more meaningful, productive and comfortable lives.

However, DSAP finds the law neglectful in the protection of the service providers : meaning, the drugstores. This oversight may lead to economic losses of the business entity, bring about abuses of privileges and create confusions among stakeholders.

For this above mentioned concerns, DSAP seeks corrections in the law, its IRR and AO before it can be implemented by the drugstores.

STATEMENT OF FACTS:

1. On March 24, 1992 RA 7277 or the “Magna Carta for Disabled Persons” was passed into law, granting certain rights and privileges for disabled person. It has defined  “disabled persons”, “impairment” and “disability” as follows:
    (i.)  Disabled persons are those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being;
    (ii.) Impairment is any loss, diminution or aberration of psychological, physiological or anatomical structure or function;
    (iii.)Disability shall mean (iii.a) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual  or activities of such individual; (iii.b) a record of such an impairment; or (iii.c) being regarded as having such an impairment.

2. On April 30, 2007 RA 9442 was passed into law amending RA 7277. RA 9442 is now known as “Magna Carta for Persons with Disability”. Definition of  “disabled persons” was likewise amended as “persons with disability PWD)”.

3. RA 9442 included in the provision the granting of at least 20% discount on the purchases of medicines in all drugstores for the exclusive use or enjoyment of PWDs. The law adopted as tax deduction scheme in the reimbursement of the discounts extended to the PWDs.

4. For the PWDs to claim the privileges they must first secure an identification card (PWD ID). The ID shall be issued only to PWDs who are Filipino citizens upon presentation of any of the following proofs:
    (i.)  an identification card issued by the city or municipal mayor or the barangay captain in the place where the person with disability resides;
    (ii.) passport of the persons with disability;
    (iii.)transportation discount fare identification card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP).

5. The NCDA on April 23, 2008 issued AO 001 as a prescribing guidelines for the issuance of PWD identification card defined PWDs as person with any one or more of the following conditions: psychosocial, chronic illness, learning, mental, visual, orthopedic, speech and hearing conditions. This includes persons suffering from disabling diseases resulting to the person’s limitations to do day to day activities as normally as possible, such as but not limited to those undergoing dialysis, heart disorders, severe cancer cases and such other similar cases resulting to temporary or permanent     disability.

6. Furthermore, the Department of Health (DOH0 issued on May 20, 2009 AO 2009-0011, the prescribing guidelines on the provision of medical and other related discounts to PWDs which included the following definitions of terms:
    (i.)  Disability – the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others.
    (ii.) Impairment – any loss, diminution or aberration of psychological or physiological function with or without an accompanying anatomical structural defect.

    (iii.)Persons with Disability (PWD) – include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

7. DOH guidelines also defined types of disability as follows:
    (i.)  Chronic illness – words to describe a group of health conditions that last a long time. It may get slowly worse over time or may become permanent or it may lead to death.
    (ii.) Communication disability – an impairment in the process of speech, language or hearing: (a.) hearing impairment is a total or partial loss of hearing function which impedes the communication process essential to language, educational, social and/or cultural interaction (b.) speech and language impairments mean one or more speech/language disorders of voice, articulation, rhythm, and /or the receptive and expressive processes of language.
    (iii.)Hearing disability – moderate or worse hearing impairment in the better ear; that is, the permanent unaided hearing threshold level of the better ear or 41 or 31 decibels or greater in age under 15 years old.
    (iv.) Hearing impairment – the complete or partial loss of the ability to hear from one or both ears; with 26 decibels or greater hearing threshold, averaged at frequencies 0.5., 1.0, 2.0, and 4.0 kilohertz.
    (v.)  Learning disability – any disorder in one or more of the basic psychological processes (perception, comprehension, thinking, etc.)  involved in understanding or in  using spoken or written language.
    (vi.) Mental disability – disability resulting from organic brain syndrome (i.e. mental retardation, acquired lesions of the central nervous system or dementia) and or mental illness (psychotic or non-psychotic disorder).
    (vii.)Multiple disability – a PWD with one or more of the 7 types of disabilities.
    (viii.)Orthopedic Disability – disability in the normal functioning of the joints, muscles or limbs.
    (ix.) Psychosocial disability – any acquired behavioral, cognitive, emotional or social impairment that limits one or more activities necessary for effective interpersonal transactions and other civilizing  process or activities for  daily living such as but not limited to deviancy or anti-social behavior.
    (x.)  Visual disability – a person with visual disability (impairment) is one who has impairment or visual functioning even after treatment and/or standard refractive correction, and has visual acuity in the better eye of less than (6/18 for low vision and 3/60 for blind), or visual field  of less than 10 degrees from the point of fixation. A certain level of visual impairment is defined as legal blindness. One is legally blind when your best corrected central visual acuity in your better eye is 6/60 or worse or your side vision is 20 degrees or less in the better eye.
    (xi.) Child with disability – persons below eighteen (18) years of age and those over but with mental capacity as that of a child and are unable to  fully take care of themselves or protect themselves because of mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments or specific learning disabilities who by reason thereof need special education and other services.

8. In the issuance of PWD ID, IRR of RA 9442 requires the securing of a certification of disability from the city/municipal/barangay health office before it can be issued.

9. NCDA guidelines have expanded the number of entities that can issue the certification of disability. It is noted in the following:

Disability	Document	Issuing Entity
Apparent Disability	Medical Certificate School Assessment Certificate of Disability	Licensed Private or Government Physician Licensed Teacher duly signed by the School Principal Head of the Business Establishment or Head of Non-Government Organization
Non-apparent Disability	Medical Certificate	Licensed Private or Government Physician

10. Lacking in the NCDA Guidelines however, is the definition of “apparent disability” and "non-apparent disability”.

11. The IRR of RA 9442 provided for the following procedures in the issuance of ID to PWD:
    A. City/Municipal Mayor
        (i.)  The PWD shall go to the City Health Office (CHO) and to the Municipal Health Office (MHO) for the screening/evaluation and certification of the disability.
        (ii.) The PWD shall submit the certification to the City Social Welfare Developoment Office and assist the PWD accomplish the ID application form.
        (iii.)The Mayor issues ID.
    B. Barangay Captain
        (i.)  The Barangay Health Center shall screen and certify PWD’s disability as to the   type  of the disability of the applicant.
        (ii.) The Barangay Captain issues ID.

12. In addition to the provision of the IRR, NCDA guidelines prescribed the following procedure:
    (i.)  Applicant needs to submit completed registration form which can be performed online through DOH website or by obtaining the form from any registration center.
    (ii.) ID photos and valid ID,
    (iii.)Certification of disability
    (iv.) Upon completion of registration and submission of the requirements, the city or municipal mayor or barangay captain shall confirm the disability and if meritorious, issue the PWD ID.

13. The NCDA guidelines provided that the validity of PWD ID is for three years.

14. The NCDA guidelines up to this day is not published in any newspaper of general circulation or in the Official Gazette. The agency also did not file a copy with the National Administrative Registry of the University of the Philippine Law Center.

15. The prescribing guidelines on the provision of medical and other related discounts to PWD as required by RA 9442 was issued by the DOH. In accordance with the law 20% discount shall be given “in the purchase of branded and unbranded medicines from all establishments dispensing medicines for the exclusive use of the PWDs”.

16. DOH guidelines require the PWDs the following documents for PWDs to enjoy the privileges:
    (i.)  PWD ID
    (ii.) Doctor’s prescription
    (iii.)Purchase booklet issued by the local/health office

17. DOH has promised to provide the list of registrants through its website and at the NCDA office.

18. DOH guidelines were published in a newspaper of general circulation but did not file a copy at the UPLC.

19. On December 09, 2008 the Department of Finance  issued Revenue Regulation 001-09 (RR 001-09). It stated that the establishments granting 20% discount can deduct the discount from their gross income, subject to its guidelines.

ISSUES:

DSAP finds faults in the law, in its IRR and its supplementary guidelines. Faults that need to be resolved before the service providers – the drugstores can implement and/or comply with them.

1.  The Magna Carta for Persons with Disability and its IRR only provides tax deductions for the mandatory 20% discount on purchases of medicines by PWDs.

This means that the service providers will only get 30% of the discount extended to PWDs from the government. Thus the law fails to provide just compensation upon the taking of private property for public use. This is unconstitutional.  

2.  The law fails to distinguish between those who can afford to pay the full price of medicines and the underprivileged citizens who cannot afford to do so. Besides this, it extends the grant of benefit over medicines which have no connection to the disability of the PWDs privileged to such benefits.

The provision is a clear violation of the due process and equal protection clauses of the constitution. The coverage of the law is very broad. The means prescribed to implement it benefits a certain sector but is discriminatory and unduly oppressive to the  drugstores.

The criteria for giving privilege is based on the physical and mental conditions and  not on the productivity of PWDs.

3.  The law, the IRR, the DOH and NCDA guidelines give vague definitions of the term “disability” and “persons with disability”. Definitions are so broad that they are not comprehensible. (That men of common intelligence must necessarily guess at these meanings).

4.  The NCDA guidelines introduced the terms apparent disability and non-apparent disability but did not even give their definitions.

The NCDA guidelines expand the persons who may issue certificates of disability  and provide for a three year validity of PWD IDs.

Too many persons, including non-medical persons at that issuing certification will result to difficulties in controlling abuses.

The three year validity of ID may be too much for temporary disability.  

5.  The law provides similar privileges for both persons with permanent and temporary disabilities.

6.  IDs for PWDs can be acquired in several offices namely; the city or town mayor, the barangay captain  and the NCDA. Again, control will be a difficult task.

7.  Lack of information to service providers on the guidelines of DOH and NCDA.

The failure of DOH and NCDA to publish their guidelines in two major newspapers of general circulation  and the failure to comply with the filing requirements to the UPLC prescribed under the Administrative Code made them technically insufficient for implementation. This also leads to the deficiency to provide important information to the service providers.
 
MATTERS TO BE RESOLVED:

DSAP seeks for:           
1.  Assurance for just compensation in relation to the discounts to be extended to PWDs.
2.  Granting of privilege of discounts on purchases of medicines based on productivity criteria and not simply on physical and mental condition.
3.  Clarification in the definition of disability, impairments, and types of disability that merit the privilege.
4.  Certification for disability be acquired only from one agency through government authorized doctors.
5.  ID to be issued only by one agency preferably the NCDA.
6.  Distinction in granting privilege between temporary disabled and permanently disabled.
7.  Compliance in the publication and filing of the law, IRR and the various guidelines.
 
DSAP POSITION:

Due to the deficiencies in the law, IRR and various guidelines, DSAP finds it difficult to implement the law. Confusion, lack of control and abuse may

result.

Thus, until all matters presented be resolved, DSAP stores will be unable to implement the law.

DSAP ACTIONS:

1.  Together with some drugstore chains, DSAP has filed a petition for a temporary restraining order (TRO) to the Court of Appeals. This aims to prevent implementation of the law until proper corrections are made.
2.  DSAP will pursue legislative amendments to the law.
 

(Sgd.) JOSEPHINE P. INOCENCIO
National President

Republic of the Philippines
Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Regular Session

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

___o0o___

[ REPUBLIC ACT NO. 9442 ]

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES"

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

SECTION 1. a new chapter, to be denominated as "Chapter 8. Other privileges and Incentives" is hereby added to Title Two of Republic Act No. 7277, otherwise known as the "Magna Carta for Disabled Persons", with new Sections 32 and 33, to read as follows:

"CHAPTER 8. Other Privileges and Incentives

"SEC. 32. Persons with disability shall be entitled to the following:

(a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or enjoyment of persons with disability;

(b) A minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for the exclusive use of enjoyment of persons with disability;

(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive use or enjoyment of persons with disability;

(d) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the Department of Health (DOH), in coordination with the Philippine Health Insurance Corporation (PHILHEALTH);

(e) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the PHILHEALTH;

(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability;

(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of person with disability;

(h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education, in both public and private schools, through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support for books, learning material, and uniform allowance to the extent feasible: Provided, That persons with disability shall meet minimum admission requirements;

(i) 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;

(j) To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agricultural (DA); and

(k) Provision of express lanes for persons with disability in all commercial and government establishments; in the absence thereof, priority shall be given to them.

The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of his/her entitlement thereto:

(I) An identification card issued by the city or municipal mayor or the barangay captain of the place where the persons with disability resides;

(II) The passport of the persons with disability concerned; or

(III) Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP).

The privileges may not be claimed if the persons with disability claims a higher discount sa may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s.

The establishments may claim the discounts granted in sub-sections (a), (b), (c), (f) and (g) as tax deductions based on the net cost of the goods sold or services rendered: 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 (NIRC), as amended."

"SEC. 33. Incentives. - Those caring for and living with a person with disability shall be granted the following incentives:

(a) Persons with disability shall be treated as dependents under the Section 35 (A) of the National Internal Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded the privileges granted by the code insofar as having dependents under the same section are concerned; and

(b) Individuals or nongovernmental institutions establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following:

(i) Realty tax holiday for the first five years of operation; and

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

SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and section after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41 and 42 to read as follows:

"Title Four
Prohibitions on Verbal, Non-verbal Ridicule
and Vilification Against Persons with Disability

"CHAPTER 1. Deliverance from Public Ridicule

"SEC. 39. Public Ridicule. - For purposes of this chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s.

"SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.

"CHAPTER 2. Deliverance from Vilification

"SEC 41. Vilification. - For purposes of this Chapter, vilification shall be defined as:

(a) The utterance of slanderous and abusive statements against a person with disability; and/or

(b) An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability."

"SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of self-esteem of the latter."

SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:

"SEC. 46. Penal Clause. - (a) Any person who violates any provision of this Act shall suffer the following penalties:

(1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and

(2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court.

(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.

(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore.
   
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.

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 business entity that fails to abide by the provisions of this Act."

SEC. 4. The title of Republic Act No. 7277 is hereby amended to read as the "Magna Carta for Persons with Disability", and all references on the said law to "Disabled persons" shall likewise be amended to read as "persons with disability".

SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation with the concerned Senate and House committees and other agencies, organizations, establishments shall formulate implementing rules and regulations pertinent to the provision of this Act within six months after the effectivity of this Act.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214 was finally passed by the Senate and the House of Representatives on February 8, 2007 and February 7, 2008 respectively.

Approved: 30 APRIL 2007

An Act Amending Republic Act No. 7277, Otherwise known as the
“Magna Carta for Persons with Disability as Amended, and For Other Purposes”
Granting Additional Privileges and Incentives and Prohibitions on Verbal,
Non-Verbal Ridicule and Vilification Against Persons with Disability

RULE I
TITLE, PURPOSE AND CONSTRUCTION

Section 1. Title – These Rules shall be known and cited as the Rules and Regulations Implementing Republic Act No. 9442, an Act Amending Republic Act No. 7277, Otherwise known as the “Magna Carta for Disabled Persons, and For Other Purposes” Granting Additional Privileges and Incentives and Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability.

Section 2. Purpose – These Rules are promulgated to prescribe the procedures and guidelines for the implementation of Republic Act No. 9442 in order to facilitate compliance therewith and to achieve the objectives thereof.

Section 3. Construction – These Rules shall be construed and applied in accordance with and in furtherance of the policies and objectives of the law. In case of doubt, the same shall be construed liberally and in favor of persons with disability.

RULE II
POLICIES AND OBJECTIVES

Section 4. Policies and Objectives – It is the objective of Republic Act No. 9442 to provide persons with disability, the opportunity to participate fully into the mainstream of society by granting them at least twenty percent (20%) discount in all basic services. It is a declared policy of RA 7277 that persons with disability are part of Philippine society, and thus the State shall give full support to the improvement of their total well being and their integration into the mainstream of society. They have the same rights as other people to take their proper place in society. They should be able to live freely and as independently as possible. This must be the concern of everyone – the family, community and all government and non-government organizations. Rights of persons with disability must never be perceived as welfare services. Prohibitions on verbal, non-verbal ridicule and vilification against persons with disability shall always be observed at all times.

RULE III
DEFINITION OF TERMS

Section 5. Definition of Terms. – For purposes of these Rules and Regulations, these terms are defined as follows:

5.1. Persons with Disability – are those individuals defined under Section 4 of RA 7277 “An Act Providing for the Rehabilitation, Self-Development and Self-Reliance of Persons with Disability as amended and their integration into the Mainstream of Society and for Other Purposes”. This is defined as a person suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in a manner or within the range considered normal for human being. Disability shall mean (1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment.

5.2. Exclusive Use or Enjoyment of Persons with Disability – refers to the discount privilege that can be availed only by persons with disability.

5.3 Establishment – refers to business entities, private or public, duly authorized and recognized by law to operate.

5.3.1 Hotel – refers to the building, edifice or premises or a completely independent part thereof, which is used for the regular reception, accommodation or lodging of travelers and tourists and the provision of services incidental thereto for a fee.

5.4 Lodging Establishment – refers to those that charge daily, weekly, monthly rates or fees which include but not limited to the following:

5.4.1 Tourist Inn – refers to lodging establishment catering to transients, which does not meet the minimum requirement of an economy hotel.

5.4.2 Apartel – refers to building or edifice containing several independent and furnished or semi-furnished apartments, regularly leased to tourists and travelers for dwelling on a more or less long-term basis and offering basic services to its tenants, similar to hotels.

5.4.3 Motorist Hotel – refers to any structure with several separate units, primarily located along the highway, with individual or common parking space, at which motorists may obtain lodging and in some instances, meals.

5.4.4 Pension House – refers to a private, or family-operated tourist boarding house, tourist guest house or tourist lodging house, regularly catering to tourist, and/or traveler, containing several independent table rooms, providing common facilities such as toilets, bathrooms/showers, living and dining rooms and/or kitchen and where a combination of board and lodging may be provided.

The term lodging establishment shall include lodging houses, which shall mean such establishments are regularly engaged in the hotel business, but which, nevertheless, are not registered, classified and licensed as hotels by reason of inadequate essential facilities and services. It also includes resort, which shall refer to any place or places with pleasant environment and atmosphere conducive to comfort, healthful relaxation and rest, offering food, sleeping accommodation and recreational facilities to the public for a fee or remuneration.

5.4.5 Restaurant – refers to any establishment duly licensed by the government selling to the public, regular and special meals or menu. The discount shall be for the purchase of food drinks, beverages, dessert and other consumable items served by the establishments including value meals and other similar food counters, fast food, cooked food and short orders including take-outs.

5.5 Sports and Recreational Centers – refers to any establishment offering sports recreational and amusement services with facilities such as but not limited to swimming pools, bowling alleys, golf courses, gyms, club houses, skating rinks and all other sports facilities. Recreational facilities include but not limited to Internet café, video games, and other similar amusement facilities.

5.6 Medicines – refers to both prescription and non-prescription medicines and articles approved by Bureau of Food and Drugs (BFAD), Department of Health (DOH), which are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man.

5.7 Medical Services – refers to health services as defined by Section 20 of Republic Act 7277, Otherwise known as the Magna Carta for Persons with Disability as amended, and for Other Purposes, which includes but not limited to the following:

5.7.1 prevention of disability through immunization, nutrition, environmental protection and preservation, and genetic counseling, and early detection of disability and timely intervention to arrest disabling condition; and

5.7.2 medical treatment and rehabilitation to include mobility assistive devices.

5.8 Dental Services – refers to oral examination, cleaning, permanent and temporary filling, extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis and/or treatment of a dental illness or injury.

5.9 Residential Care/Group Home – refers to a facility, which provides twenty-four (24) hour resident group care for the physical, mental, social and spiritual well-being of persons with disability in a home life atmosphere; which is accredited by the Department of Social Welfare and Development (DSWD) and licensed by the concerned local government unit where the said residential care/group home is located.

5.10 Residential Community or Retirement Village – refers to the type of housing facility which is generally horizontal in physical development and the unit covered by individual land title. The sub-types are the different options of house and lot packages which may include single detached, single attached, duplex or row house. The housing options are generally one up to three level structures and may be purely residential-farm estate or a residential component of a resort or leisure complex. The units may be for lease or for sale to retirees.

5.11 Basic Necessities – refers to rice, corn, bread, fresh, dried and canned fish and other marine products, fresh pork, beef and poultry meat, fresh eggs, fresh and processed milk, fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, firewood, charcoal, candles and other commodities as maybe classified by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA).

5.12 Prime Commodities – refers to fresh fruits, flour, dried, processed and canned pork, beef and poultry, meat, dairy products not falling under basic necessities; noodles, onions, garlic, herbicides, poultry, swine and cattle feeds, veterinary products for poultry, swine and cattle feeds, veterinary products for poultry, swine and cattle, paper, school supplies, nipa shingle, plyboard, construction nails, batteries, electrical supplies, lightbulbs, steel wire and other commodities that may be classified by the Department of Trade and Industry (DT) and the Department of Agriculture (DA).

5.13 Benefactor – refers to any person whether related to the person with disability or not who takes care of him/her as a dependent.

5.14 Dependent – refers to a person with disability, minor or of legal age, who is a Filipino citizen and who may or may not be related to his benefactor and who is living with and dependent upon such benefactor for his/her chief support.

RULE IV
PRIVILEGES AND INCENTIVES FOR THE PERSONS WITH DISABILITY

Section 6. Other Privileges and Incentives

Persons with disability shall be entitled to the following:

6.1 Discounts from All Establishments – At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments, restaurants and recreation centers for the exclusive use or enjoyment of persons with disability.

6.1.a Hotels and Similar Lodging Establishments – The discount shall be for room accommodation and other amenities offered by the establishment such as but not limited to massage parlor, sauna bath, food, drinks and other services offered.

The discount will only apply to persons with disability. No discount will be given to companion without disability.

6.1.b Restaurant – The discount shall be for the purchase of food drinks, beverages, dessert and other consumable items served by the establishments including value meals and other similar food counters, fast food, cooked food and short orders including take-outs. To safeguard the establishments from abuse of this privilege, the orders should be limited only to persons with disability personal consumption.

For a group of people with a person with disability, only the proportionate share of person with disability will be given discount. In case of banquet and catering services especially in seminars and other similar activities the discount will apply only to customers with disability.

6.1.c Sports and Recreational Centers – The discount shall apply to all charges in the utilization of the services including rentals of all facilities and equipments and other accessories and gadgets relative to the enjoyment of the sports and recreational services. The discount shall also include rooms or halls for PWDs’ seminars, art workshops and other persons with disability activities.

6.1.d Purchase of Medicine – at least twenty percent (20%) discount on the purchase of medicine for the exclusive use and enjoyment of persons with disability. All drug stores, hospital, pharmacies, clinics and other similar establishments selling medicines are required to provide at least twenty percent (20%) discount subject to the guidelines issued by DOH and PHILHEALTH.

6.2 Admission Fees Privilege. – A minimum of at lease 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 such as but not limited to museum, exhibit halls, fairs, parks like theme parks and shall be granted for the exclusive use or enjoyment of persons with disability.

6.3 Medical and Dental Privileges in Government Facilities – The person with disability shall be provided at least twenty percent (20%) discounts on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests in all government facilities, subject to guidelines to be issued by DOH in coordination with the Philippine Health Insurance Corporation (PHILHEALTH).

6.4 Medical and Dental Privileges in Private Facilities – The person with disability shall be provided at least twenty percent (20%) discounts on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests including professional fees of attending doctors in all private hospitals and medical facilities subject to guidelines to be issued by DOH in coordination with the Philippine Health Insurance Corporation (PHILHEALTH).

6.5 Air and Sea Transportation Privileges – At least twenty percent (20%) discounts in fare for domestic air, and sea travel based on the actual fare except promotional fare. If the promotional fare discount is higher than the twenty percent (20%) discounts privilege, the persons with disability may choose the promotional fare and should no longer be entitled to the twenty percent (20%) discounts privilege.

6.5.1 The Maritime Industry Authority (MARINA) shall issue corresponding circulars or directives to the shipping industry for the implementation of these rules to ensure compliance herewith, as well as requirements to ship operators/owners to disseminate information on the benefits of the persons with disability by posters, handbills or pamphlets on board vessels.

6.5.2 The Civil Aeronautics Board (CAB) shall issue corresponding guidelines, circulars or directives related to air transport services and shall disseminate such information as mentioned above.

6.6 Land Transportation Privileges – At least twenty percent (20%) discounts in bus fares such as ordinary, aircon fares and on public railways such as LRT, MRT, PNR, and such other similar infrastructure that will be constructed, established and operated by public or private entity. Toll fees of skyways and expressways are likewise subject to at least twenty percent (20%) discounts, however, this privilege can be availed only by a person with disability owning the vehicle.

The Department of Transportation and Communications (DOTC), Light Rail Transit Authority (LRTA), Philippine National Railways (PNR), Toll Regulatory Board (TRB) and Land Transportation Franchising and Regulatory Board (LTFRB) shall issue corresponding circulars or directives to the public land transport sector for the implementation of these rules to ensure compliance herewith, as well as requirements to these operators to disseminate information on the benefits of the persons with disability by posters, handbills or pamphlets on board their vehicles.

6.7 Educational Privileges. – Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education in both public and private schools through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support for books, learning materials, and uniform allowance, to the extent feasible: Provided, that persons with disability shall meet the minimum admission requirements set by the Department of Education (DEPED), Commission on Higher Education Department (CHED), Technical Education and Skills Development Authority (TESDA) and other entities engaged in the grant of scholarship and financial assistance for the education of persons with disability. For the purposes of this rule, primary education shall include nursery and kindergarten whether in private or public school. The source of funding in addition to the Private Education Student Financial Assistance (PESFA) fund scholarship for the implementation of the above shall be the one percent (1%) allocation for persons with disability in DEPED, CHED, TESDA and other training and educational government agencies as required by General Appropriation Act, subject to the guidelines issued by the DEPED, CHED and TESDA.

>6.8 Benefits and Privileges for Retirees with Disability

6.8.1 To the extent practicable and feasible, the persons with disability shall be granted for 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 or, as enjoyed by those in actual service.

6.8.2 Retirement benefits of retirees from both the government and the 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 active service;

6.9 Privileges on Granting Special Discounts in Special Programs –To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic necessities and prime commodities in supermarkets and grocery stores. The Department of Trade and Industry (DTI) and the Department of Agriculture (DA) shall issue necessary guidelines for the implementation of this scheme.

6.10 Express Lanes Privileges – Express lanes for persons with disability shall be provided in all private, commercial and government establishments; in the absence thereof, priority shall be given to them in all the transactions of the establishments . LGUs shall ensure that this provision is implemented within their area of jurisdiction.

There should be an assigned person in all government agencies/offices and private establishments and to provide a section or desk manned by trained personnel to assist persons with disability. The personnel assigned shall be part of the existing manpower in all other government agencies/offices and private establishment as the case maybe or whenever possible.

6.11 The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of his/her entitlement thereto subject to the guidelines issued by the NCWDP in coordination with DSWD, DOH and DILG.

6.11.1 An identification card issued by the city or municipal mayor or the barangay captains of the place where the persons with disability resides;

6.11.2 The passport of the persons with disability concerned; or

6.11.3 Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP). However, upon effectivity of this Implementing Rules and Regulations, NCWDP will already adopt the Identification card issued by the Local Government Unit for purposes of uniformity in the implementation. NCWDP will provide the design and specification of the identification card that will be issued by the Local Government Units.

6.12 Tax Incentives for Benefactors. – Those caring for and living with a person with disability shall be granted incentives in accordance with the provisions of the National Internal Revenue Code, as amended. For purposes of granting the incentives, persons with disability shall be treated as dependents under Section 35(A) of the National Internal Revenue Code, as amended, and as such, individual taxpayers providing care for them shall be accorded the privileges granted by the Code insofar as having dependents under the same section are concerned.

6.12.1 Availment of the “head of family status” by benefactors of persons with disability. A benefactor of a person with disability whose civil status is single shall be considered as head of family and shall be allowed to avail himself/herself of that status. As such, he shall be entitled only to one basic personal exemption equivalent to Twenty-five thousand pesos (P25,000), or as allowed thereafter under the National Internal Revenue Code.

6.12.2 Married individuals with child/children with disability. – A married individual is entitled to a basic personal exemption equivalent to Thirty-two thousand pesos (P32,000) under Section 35(B) of the National Internal Revenue Code, as amended. If the married individual has a child or has children with disability, who is/are dependent on him/her for support, he/she shall be entitled to an additional exemption of Eight thousand pesos (P8,000) per qualified dependent (not exceeding four). A married individual is not entitled to the above additional exemption if he/she takes care of a person with disability who is not his/her child, unless he/she legally adopts the same.

6.12.3 Solo parents (under R.A. No. 8972 – Solo Parent Act) with child/children with disability. – A single or legally separated individual who has a child, legitimate, illegitimate or legally adopted, is entitled to a basic personal exemption granted to a head of family. He/She is entitled also to an additional exemption of Eight thousand pesos per qualified dependent (not exceeding four). A solo parent is not entitled to the above 6.12.1 additional exemption if he/she takes care of a person with disability who is not his/her child, unless he/she legally adopts the same.

6.12.4 Grandparents with grandchild/grandchildren with disability. – A grandparent who is not legally separated or a widow/widower or a solo parent is entitled to a basic personal exemption of Thirty-two thousand pesos (P32,000) [the personal exemption granted to a married individual]. A grandparent who is legally separated or a widow/widower may still claim the same basic personal exemption as if he/she was separated or as if his/her spouse died at the close of the taxable year, as the case may be. If the grandparent, caring for a grandchild with disability, is legally separated or a solo parent, he/she is entitled only to the status of a head of a family and, as such, he/she shall be entitled only to the basic personal exemption equivalent to Twenty-five thousand pesos (P25,000). A grandparent, caring for a grandchild with disability, cannot avail for himself/herself the additional exemption enjoyed by a married individual or by a solo parent with regard to his/her dependent/s.

A benefactor shall comply with all the requirements that shall hereinafter be issued by the Secretary of Finance, upon recommendation of the Commissioner of Internal Revenue, before he/she can avail of the incentives as provided for under the Act.

6.13 Individuals or nongovernmental institutions establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following:
(i) Realty tax holiday for the first five years of operation; and
(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement village. The city and municipal government concerned where the homes, residential communities or retirement villages is located shall issue the implementing guidelines for the availment of this incentives.

6.14 Availment of Tax Deductions by Establishment Granting Twenty Percent 20% Discount – The establishments may claim the discounts granted in sub-sections (6.1), (6.2), (6.4), (6.5) and (6.6) as tax deductions based on the net cost of the goods sold or services rendered: Provided, however, 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.

6.15 Prohibitions on Availment of Double Discounts –The privileges mentioned in the foregoing shall not be claimed if the persons with disability claims a higher discount as may be granted by the commercial establishment and/or under other existing laws or in combination with other discount program/s.

RULE V
PROHIBITIONS ON VERBAL, NON-VERBAL RIDICULE AND VILIFICATION AGAINST PERSONS WITH DISABILITY

Section 7. Chapter 1. Deliverance from Public Ridicule – For purposes of this Chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s. The following constitutes acts of public ridicule:

Making fun of a person on account of his/her disability even through jokes in a manner that is degrading resulting to the embarrassment of the person with disability in front of two or more persons;

Making mockery of a person with disability whether in oral or in writing;

Imitating a person with disability in public gatherings, stage shows, carnivals, television shows, broadcast media and other forms of entertainments that are offensive to the rights and dignity of persons with disability or any other similar acts;

No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.

Section 8. Chapter 2. Deliverance from Vilification – For purposes of this Chapter, vilification shall be defined as:

The utterance of slanderous and abusive statements against a person with disability such as but not limited to: (1) calling a person by his disability in public which results to humiliation; (2) using the disability of a person as an example in a manner that is embarrassing and humiliating to the dignity of persons with disability.

An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability.

Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of self-esteem of the latter.

RULE VI
ENFORCEMENT AND PENALTY

Section 9. Penalties – Any person who violates any provision of this Act shall suffer the following penalties:

For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and

For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court.

Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.

If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore.

If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.

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 business entity that fails to abide by the provisions of this Act.

Section 10. Effectivity. These Implementing Rules and Regulations shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation and filed with the Administrative Registrar, University of the Philippines Law Center as required under the Administrative Code of 1987.

Sgd. ESPERANZA I. CABRAL, MD
Secretary
Department of Social Welfare and Development

Sgd.JESLI A. LAPUS
Secreatary
Department of Education

Sgd.MARGARITO B. TEVES
Secretary
Department of Finance/Bureau of Internal Revenue

Sgd.JOSEPH H. DURANO
Secretary
Department of Tourism

Sgd.RONALDO V. PUNO
Secretary
Department of Interior and Local Government

Sgd.ARTHUR C. YAP
Secretary
Department of Agriculture

Sgd.LEANDRO R. MENDOZA
Secretary
Department of Transportation and Communications

DATE:    AUGUST 10, 2009
TO:        ALL DSAP MEMBERS
FROM:   NATIONAL AFFAIRS COMMITTEE
RE:        IMPLEMENTATION OF MAXIMUM DRUG RETAIL PRICES FOR SELECTED DRUGS AND MEDICINES


OBJECTIVE: 

    THIS MEMO AIMS TO PROVIDE GUIDELINES TO DSAP MEMBERS ON THE IMPLEMENTATION OF MAXIMUM RETAIL PRICE ON SELECTED MEDICINES AS PROVIDED BY EO 821.


BACKGROUND AND FACTS:

    * RA 9502 known as “The Universally Accessible Cheaper and Quality Medicine Act of 2008” provided that price regulation of medicine can be imposed by the

State.
    * The President of the Philippines, upon the recommendation of the Secretary of the Department of Health has the power to impose maximum retail prices

over “any all drugs and medicines” included in the list found in the law.
    * The list of drugs that can be subjected to the Maximum Drug Retail Price (MDRP) is determined based on the following premises:

         1. condition that address public matters such as leading cause of morbidity and mortality;
         2. drugs with high price difference compared to international price;
         3. drugs that have few competitors  in terms of lack of generic counterparts or lack of market access to the product;
        4. drugs where innovator product is still the highest priced product, the most prescribed and/or dispensed inspite existence of cheaper versions.

    * On July 27, 2009 President Gloria Macapagal Arroyo issued Executive Order 821 imposing price cuts to five (5) molecules and announcing the price

reduction of the sixteen (16) more drugs done voluntarily by the pharmaceutical companies. Price reduction is at least 50%.

        * In addition to the above list, the pharmaceutical companies also committed to reduce by about 10-50% the prices of twenty-two (22) other products.

IMPLEMENTATION GUIDELINES

   1. The implementation of MDRP shall commence on August 15, 2009 but sanctions shall be imposed only on September 15, 2009.

   2. The MDRP shall be imposed on all retail establishments both public and private. These include drugstores, hospital, hospital pharmacies, health maintenance organization (HMOs), convenience stores, supermarkets and the like.

   3. The prescribed MDRP shall serve as the ceiling for the retail price of drugs in the list. Ceiling for the reimbursement at PhilHealth.

   4. The list for the mandated MDRP as provided by EO 821 is given below:

ACTIVE INGREDIENT/MOLECULE	DOSAGE STRENGHT AND FORM	MDRP (Php)
ANTI-HYPERTENSIVE
Amlodipine (including its S-isomer and all salt form)	2.5 mg tablet	9.60
	5 mg tablet	22.85
	10 mg tablet	38.50
ANTI-CHOLESTEROL
Atorvastatin	10 mg film-coated tablet	34.45
	20 mg film-coated tablet	39.13
	40 mg film-coated tablet	50.50
	80 mg film-coated tablet	50.63
	Amlodipine besilate 5 mg + Atorvastatin calcium 10 mg tablet	45.75
	Amlodipine besilate 5 mg + Atorvastatin calcium 20 mg tablet	66.25
	Amlodipine besilate 5 mg + Atorvastatin calcium 40 mg tablet	84.42
	Amlodipine besilate 5 mg + Atorvastatin calcium 80 mg tablet	89.99
	Amlodipine besilate 10 mg + Atorvastatin calcium 10 mg tablet	51.13
	Amlodipine besilate10 mg + Atorvastatin calcium 20 mg tablet	73.25
	Amlodipine besilate 10 mg + Atorvastatin calcium 40 mg tablet	91.79
	Amlodipine besilate 10 mg + Atorvastatin calcium 80 mg tablet	91.79
ANTIBIOTIC/ANTIBACTERIAL
Azithromycin and all its Salt Form	250 mg tablet	108.50
	200 mg/5 ml powder for suspension (15 ml)	427.50
	200 mg/5 ml powder for suspension (22.5 ml)	638.00
	500 mg tablet	151.43
	500 mg vial for injection	992.50
	2 g granules	468.00
ANTI-NEOPLASTICS/ ANTI-CANCER
Cytarabine	100 mg/ml ampul/vial(IV/SC)	240.00
	100 mg/ml ampul/vial(IV/SC) (5 ml) or 500 mg vial	900.00
	100 mg/ml ampul/vial(IV/SC) (10 ml) or 1g vial	1800.00
	20 mg/ml (5ml) ampul/vial for injection	1980.00
Doxorubicin and all its Salt Form	10 mg powder vial for injection	1465.75
	50 mg powder vial for injection	2265.74

 

   5. The list under  Voluntary Price Reduction scheme as provided by Resolution 2009-001 of the Advisory Council for Price Regulation is as follows:

ACTIVE INGREDIENT/MOLECULE	DOSAGE STRENGTH AND FORM	COMPANY	OLD RETAIL PRICE	GOVERNMENT-MEDIATED ACCESS PRICE
ANTI-HYPERTENSIVE
Telmisartan	40 mg tablet	Boehringer	51.50	25.7
	Telmisartan 40 mg + Hydrochlorothiazide 12.5 mg tablet	Boehringer	50.00	25.00
	80 mg tablet	Boehringer	89.00	44.50
	Telmisartan 80 mg + Hydrochlorothiazide 12.5 mg tablet	Boehringer	89.00	44.50
Irbesartan	150 mg tablet	Sanofi-Aventis via Winthrop	48.76	24.38
	Irbesartan 150 mg + Hydrochlorothiazide 12.5 mg tablet	Sanofi-Aventis via Winthrop	50.26	25.13
	300 mg tablet	Sanofi-Aventis via Winthrop	80.00	40.00
	Irbesartan 300 mg + Hydrochlorothiazide 12.5 mg tablet	Sanofi-Aventis via Winthrop	83.00	41.50
ANTI-THROMBOTIC
Clopidogrel	75 mg film-coated tablet	Sanofi - Aventis	123.50	61.75
ANTI-DIABETIC/ANTIHYPOGLYCEMIC
Gliclazide	30 mg Modified Release Tablet	Servier	15.00	7.50
	80 mg tablet	Servier	15.00	7.50
ANTIBIOTIC / ANTIBACTERIAL
Piperacillin +Tazobactam and all its Salt form	Piperacillin 2 g + Tazobactam 250 mg vial	Wyeth	2175.46	730.20
	4 g + Tazobactam 500 mg vial	Wyeth	4614.00	1270.06
Ciprofloxacin and all its Salt form	500 mg tablet	Bayer	83.83	41.91
	500 mg tablet (Extended Release)	Bayer	99.23	49.62
	1 g tablet	Bayer	145.10	72.55
	250 mg tablet	Bayer	65.13	32.57
	2mg/ml (100 ml) for injection	Bayer	1884.17	942.00
	2 mg/ml (50 ml) or 100 mg IV infusion (50 ml)	Bayer	1440.87	720.43
	400 mg (20 ml) for injection	Bayer	3207.17	1603.59
Metronidazole and all its Salt form	125mg/5 ml (60 ml) suspension	Sanofi-Aventis	131.00	65.50
	500 mg tablet	Sanofi-Aventis via Winthrop	23.50	11.75
	500 mg (100 ml) IV infusion	Sanofi-Aventis	379.50	189.75
Co-Amoxiclav (Amoxicillin + Clavulanic acid)	625 mg tablet	GSK	97.75	48.90
	375 mg tablet	GSK	79.50	39.75
	1 g tablet	GSK	142.25	71.15
	600 mg vial for injection	GSK	687.50	343.75
	1.2 g vial for injection	GSK	1156.75	578.40
	Amoxicillin 200 mg + Clavulanic Acid 28.5 mg/5ml (70 ml) suspension	GSK	555.50	277.75
	Amoxicillin 125 mg + Clavulanic Acid 31.25 mg/5ml (60 ml) suspension	GSK	378.00	189.00
	Amoxicillin 250 mg + Clavulanic Acid 62.5 mg/5ml (60 ml) suspension	GSK	648.50	324.25
	Amoxicillin 400 mg + Clavulanic Acid 57 mg/5ml (70 ml) suspension	GSK	940.50	470.25
	Amoxicillin 400 mg + Clavulanic Acid 57 mg/5ml (35 ml) suspension	GSK	523.75	261.90
ANTI-NEOPLASTIC
ANTI-CANCER
Bleomycin and all its Salt form	15 mg vial/ampul for injection	Bristol-Meyer Squibb via Zuellig	9750.00	3520.00
Carboplatin	10 mg/ml (15 ml) vial or 150 mg for injection	Bristol-Meyer Squibb via Zuellig	3610.00	1805.00
Cisplatin	50 mg powder vial for injection	Bristol-Meyer Squibb via Zuellig	2804.00	1125.00
Cyclophosphamide	50 mg tablet	Bristol-Meyer Squibb via Zuellig	33.50	17.50
	200 mg vial for injection	Baxter	698.95	175.00
	500 mg vial for injection	Bristol-Meyer Squibb via Zuellig	649.00	324.50
	1 g or 1000 mg vial for injection	Qualimed	1155.00 (most expensive)	577.50
Etoposide (No innovator locally)	100 mg tablet	Qualimed	1130.00 (most expensive in the market)	565.00
Mercaptopurine	50 mg tablet	GSK	79.00	39.50
Methotrexate sodium (No innovator locally)	2.5 mg tablet	Qualimed	23.00 (most expensive brand)	11.00
	50 mg/ 2 ml vial for injection	Qualimed	612.00 (most expensive brand)	306.00
Mesna	400 mg ampul for injection	Baxter	369.00	166.67

   6.  Price differentials that shall result from this price reduction shall be shouldered by the corresponding manufacturer, trader or importer.

   7. The price differential s shall be reimbursed or rebated to the drugstores by the manufacturers, traders or importers in the manner and procedures they deem appropriate and practical. (Attached herewith is the guidelines issued by Metro Drug Incorporated).

   8. Violation of this imposition shall be dealt with penalties as mandated by the IRR of the Cheaper Medicine Bill.  Penalties for violation of the MDRP shall be no less than Fifty-thousand pesos (P50,000.00) but not more than five million pesos (P5,000,000.00).

   9. The list of medicine subject to MDRP shall be reviewed after three (3) to six (6) months by the DOH and as may be recommended.

DSAP ADVISORY

   1. Make inventory of the products found on the list. Try to find their appropriate references such as delivery receipts and invoices.

   2. Contact your suppliers and know them their respective reimbursement procedures.

   3. If you are sourcing your products from wholesalers, consult with them to find out how they can help you with the reimbursement.

 

In Memory of Former President Corazon Cojuangco Aquino
((January 25, 1933 - August 1, 2009)
Poem written by Sen. Benigno "Ninoy" Aquino, Jr. for Cory at Fort Bonifacio on October 11, 1973 for their 19th Wedding Anniversary.
Music by: Jose Mari Chan
from the album: Constant Change



The Entire Poem:
I have fallen in love
With the same woman three times
In a day spanning nineteen years
Of tearful joys and joyful tears
I loved her first when she was young
Enchanting, brilliant, middle-strung
Vibrant, fragrant, eternally new
Cool, invigorating as the morning dew.
Desperate, she shared, quieted my despairs
Hopeful, she fanned the fires of my hopes
Lavished me with days of bliss and peace,
Endless, perpetual days of fond memories.
She is my hope; I do not wish to realize
Hence my hope; forever green, eternal prize
My life transcending life, my ultimate quest
Dream of my life for whom Ill spare no rest.


I fell in love again
With the same woman the second time
When first she bore her child and mine
The first fruit of our union and our love.
The pains and anguish of motherhood she braved
Loved her children, their love she deservedly craved
Times were she hung on the very brink of death,
Unflinchingly fulfilling her mission to procreate.
In politics I plunged, she was always by my side,
Steadfast, uncomplaining, helping to turn the tide,
Amidst hardship, her rare courage would not relent
She was my secret weapon, the source of my strength.
The world was my concern, our home her domain,
The people mine, the children hers to maintain,
So it was in those eighteen years and a day
Till I was detained, forced in prison to stay.


Suddenly she became our sole support
Wellspring of hope, source of comfort
On her shoulders fell the burden of life
She emerged our captain in the sea of strife.


I fell in love again
With the same woman the third time
Looming from the battle, undaunted, unafraid,
Calm composed, she is Gods lovely maid.
It has been a year of many disappointments
Endless dark nights, long days of sad lament,
Of grave doubts, frustrations, bitter desolations,
Of privations, untold indignities, humiliations.


Dreams became nightmares; hopes, despair.
Rally to freedoms call, no one will dare.
Future is obscured, life has lost its meaning,
The tunnel is long, were only at the beginning.


Leaders I admired, whose advice I sought
Became fallen idols, their souls were bought,
Their conscience they bartered for soft convenience,
Due to despicable cowardice, theyve lost their patience.


Leaders became dealers, begging for part of the spoils,
Forgetting the value, the essence of the hottest toil,
Paralyzed be fear, they joined the amoral dictator,
Defending, waving the bloody flag of the new oppressor.


The pillars of society became the props of tyranny,
Be realistic, they urged, if not for safety, for money.
It is useless to resist, the tyrant is too strong,
Yet aware, with their help the tyranny will prolong.


Mother Pilipinas weeps, her noble sons are gone,
Her land of the morning, is now of the setting sun,
Back to her dungeon in chains shes been returned;
For all her sacrifices, this is what she earned.


The night is cold and dark, there are no stars,
Our prisons are full, our souls wrinkled with scars,
Afflicted, persecuted, struck down but not crushed,
How soon will this blight be erased by Allahs brush?


My only escape is to cling to the woman of my dreams
Who gave me a life full of love, a love full of life,
She is my urge to live, my sole motivation to survive,
She taught me not only to dream, but to make dreams alive.


Fight on! She says: Let not the guiltless ghost depart.
Your pains, our people know are caused by a thousand darts,
But be assuaged, remember the Filipino, his story, his past,
Soon, very soon, the tyrant will choke in his greedy power lust!

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Suki Card Program Guidelines

1. Customers over 18 years old who present receipts of single or cumulative purchases worth P1,000.00 made in any participating Mercury Drug store with no time limit from August 1, 2000 can apply for a Suki Card.

2. Benefits of members will be discounts on participating products and all purchases made through the card will earn points. Every accumulated purchases worth P200.00 is equivalent to 1 point.

3. Suki earned points are redeemable in multiple of 10 points in any participating Mercury Drug store.

4. Damaged and lost card can be replaced and earned points from lost or damaged Suki Card can be transferred from lost Suki Cards based on the following conditions:

• Customer fill-up Lost Card Form
• Presentation of any valid I.D. (original and copy)
• Payment of P50.00 replacement fee
• Customer will fill-up a new application form
• Only unredeemed points or purchases will be transferred to new Suki Card
• Purchases made when the Suki Card was reported lost or being "fixed" at the Head Office will not be encoded to the new card.
• Customer is willing to have his newly issued card sent to the Head Office

5. Purchases of Senior Citizen Suki Card member with 20% discount are not entitled to suki discount and points.

6. Unredeemed points will be reverted back to zero if the Suki Card is not continuously used for 180 days.

7. Always present your Suki Card before making any purchase. No Suki Card No Points No Suki Privileges.

8. Mercury Drug reserves the right to modify or restrict the usage of the card without prior notice.

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