Senior Citizen Discounts Foreigners Cannot Avail ??

[Call me bubba]

much has been said about the senior citizen discount,

of who can avail or not avail. I have found an article THAT I HOPE can clear any confusion of who is able to use this Important discount , thats granted by the Republic act 9257

Under Republic Act No. 9257 or more commonly known as the Expanded Senior Citizen’s Act of 2003, the term senior citizens as used therein is defined as:

“(a) ‘Senior citizen’ or ‘elderly’ shall mean any resident citizen of the Philippines at least sixty (60) years old” (Section 2)

While in the Implementing Rules and Regulations of said law, the term senior citizen is defined, thusly:

“5.1 SENIOR CITIZEN OR ELDERLY – refers to any Filipino citizen who is a resident of the Philippines, and who is sixty (60) years old or above. It may apply to senior citizens with “dual citizenship” status provided they prove their Filipino citizenship and have at least six (6) months residency in the Philippines” (Rule III, Article 5).

It is thus sufficiently clear from the foregoing that R.A. No. 9257 is only applicable and only covers Filipino citizens, including DUAL citizens, who are 60 years of age or older and who are likewise residents of the Philippines.

Hence, foreigners are excluded from availing of the benefits of said law.

In order to avail of the benefits under the said law, including the 20% discount in restaurants,

the senior citizen must present proof of his/her entitlement to the same by presenting the following:

“(a) an ID issued by the city or municipal mayor or of the barangay captain of the place where the senior citizen or the elderly resides;

(b) the passport of the elderly person or senior citizen concerned; and

© other documents that establish that the senior citizen or elderly person is a citizen of the Republic and is at least sixty (60) years of age” (Section 4, R.A. No. 9257).

“a) Senior Citizens’ Identification Card issued by the Office of Senior Citizens Affairs (OSCA) in the city or municipality where the elderly resides;

b) The Philippine passport of the elderly person or senior citizen concerned; and

c) Other valid documents that establish the senior citizen or elderly person as a citizen of the Republic and at least sixty (60) years of age,

which shall include but not be limited to the following government-issued identification documents indicating an elderly’s birthdate or age:

driver's license,

voters ID,

SSS/GSIS ID,

PRC card,

Postal ID” (Rule III, Article 5.5, Implementing Rules and Regulations of R.A. No. 9257).

Thus, if a senior citizen who dines in your restaurant presents any of the proofs,

then you are duty-bound under the law to grant them the 20% discount.

The fact that they possess any of the said proofs is prima facie evidence that said senior citizen is a Filipino citizen, even if the person does not look like he/she is of Filipino descent.

This is because said person might have successfully undergone the process of naturalization and has already acquired Filipino citizenship.

And if that is the case, then he/she is entitled to avail of the benefits under the Expanded Senior Citizens Act of 2003, provided that the necessary residency requirement is also met.

Naturalization is a recognized mode of acquiring citizenship in the Philippines.

Not only former Filipinos are entitled to avail of naturalization. Said process is likewise open to foreigners who meet the requirements for the same. Thus, it may very well be that the elderly customers patronizing your restaurant are truly Filipino citizens even if they look like foreign nationals.

this was the question to the above answer

Dear PAO,

I am a restaurant manager and am at my wits end with foreign guests trying to avail of a senior citizen 20% discount here at my restaurant. These non- Filipinos are issued a senior citizen card somehow and are using and abusing it by trying to get discounts posing as Filipino citizens. Please help me to try to stop this abuse of the law.

Restaurant Manager

http://www.manilatimes.net/index.php/dear-pao/21552-foreigners-cannot-avail-senior-citizen-discounts

i would like to credit/thank the manilatimes and Dear PAO

for the advice that they have shared w/me and others regarding issues that may be deemed important to us(us the forum) :AddEmoticons04230:

[Jack Peterson]

:unsure: Over the last couple of years, this issue has come up in various places, forums, and general chit chat, can I just ask a Question? Whilst I know that there are penalties for foreigners using fake cards, I understand that there are a lot about (When I say fake, I mean Illegally obtained ones)

Is there a penalty for business people that accept them ?

Last year on Negros, A particular Resto owner accepted them as he felt better to, rather than loose a sale.

How would the Authorities know this was happening, Unless they were actually there at the point of the customer producing one, it would surely be hearsay.

Jack P. :)

[i am bob]

I don't have the references right now but I can remember reading on the government site that it is not illegal if you unknowingly accept an invalid seniors id but it is illegal to deny acceptance to a legal seniors id... Simply reading between the lines on that one gives us the answer!

[retired]

Was not aware that all restaurants were required to give the senior citizen discount . Here in Cagayan de Oro some eating establishments will honour (McDonald's) but many will not . Same can be said for other types of business .

Brings up the question: If an expat senior citizen is granted the card and told by the issuing government person , usually a mayor , that it is legal is the expat at fault ? This issue was addressed at the Mayor's office here in CDO . Now , anyone can read the act as written and it seems to be straight forward . However , when the attorneys that represent the city of CDO tell you that you can use the card as an expat why would you not believe them ? What seems to happen in this country , at least in some places , is that bills never officially passed by the legislature have the effect of being accepted as law after a period of time has passed . Don't personaly see any rational to that but apparently some do . :-)

[Call me bubba]

c) Other valid documents that establish the senior citizen or elderly person as a CITIZEN of the Republic and at least sixty (60) years of age,

which shall include but not be limited to the following government-issued identification documents indicating an elderly’s birthdate or age:

Driver's license,

Voters ID,

SSS/GSIS ID,

PRC card,

Postal ID” (Rule III, Article 5.5, Implementing Rules and Regulations of R.A. No. 9257). Thus, if a senior citizen who dines in your restaurant presents any of the proofs, then you are duty-bound under the law to grant them the 20% discount.

If you have any of the above,

then you should NOT have any problem AT ALL.

yes BOB I agree its a "read between the lines" issue.

Not illegal to have a "card" but illegal to refuse service/accept the card.

If you slightly look-like a flipino ( not to sound racist or to offend) then you should not have a problem,

or your FLUENT in the local dialect.

A good pleasant attitude/smile :) should be all that you would need to obtain your valid discount.

as 1 forum member has said before "size up" the person, it doesnt always work but its worth the few seconds of effort

then if that doesnt work have your wife/partner ect to place the order and present your card as your sitting down at the table,

I hope that the topic is helpful to those who can avail of this "discount"

why? cause Bubba does care :thumbsup:

perhaps an investment of a POSTAL ID CARD could be a "wise" choice to use as a philippine ID

to avail of the discount?

Edited April 26, 2012 by Call me Bubba

[daisy]

I don't have the references right now but I can remember reading on the government site that it is not illegal if you unknowingly accept an invalid seniors id but it is illegal to deny acceptance to a legal seniors id... Simply reading between the lines on that one gives us the answer!

Exactly true....and just like so many republic acts and its implementations, it will always be superseded by the local government unit concerned. And yes there are some LCE (Local Chief Executive, Municipal Mayor) who issued such card to foreigners living for good here in the country. So many expats who don't have the privileged to have such ID, oftentimes are the one taunting the ONE who have it that it's illegal! SAD!

The Senior expats who have this card also know that they can't impose it to any establishment who will deny it to them, however, so far, no Philippine busiiness establishment/hospitals has ever denied them of the discount, in most cases they are even asking for a SC card to any expat who already looks above 60 years old :mocking:

Edited May 15, 2012 by daisy