IMPLEMENTING RULES AND REGULATIONS ON THE GRANT OF SPECIAL DISCOUNTS TO PERSONS WITH DISABILITY ON THE PURCHASE OF BASIC NECESSITIES AND PRIME COMMODITIES PURSUANT TO SECTION 32…
for Disabled Persons and for Other Purposes” was signed into law on 30
April 2007 by President Gloria Macapagal-Arroyo amending R.A. No. 7277
and granting other privileges and incentives to persons with disability;
WHEREAS, Section 32 (j) of R.A. No. 9442 provides that “to the extent
possible, the government may grant special discounts in special
programs for persons with disability 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)”;
NOW, THEREFORE, WE, PETER B. F AVILA, Secretary of the Department of
Trade and Industry (DTI) and ARTHUR C. YAP, Secretary of the Department
of Agriculture (DA), in accordance with Section 32 (j) of R.A. No. 9442
and Section 6.9 of its implementing rules and regulations (IRR),
otherwise known as the Magna Carta for Disabled Persons and for Other
Purposes, do hereby issue this Order providing special discounts to
persons with disability on the purchase of basic necessities and prime
commodities under DTI and DA jurisdictions:
SECTION 1. Scope and Coverage – This Order shall apply to
persons with disability who are Filipino citizens, and retailers as
defined under Section 2 (c) hereof.SECTION 2. Definition of Terms – For purposes of this Order, these terms as defined as follows:
a. “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, infant
formulas, fresh vegetables, root crops, coffee, sugar, cooking oil,
salt, laundry soap, detergents, firewood, charcoal, candles and other
commodities as maybe classified by the DTI and the DA.b. “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, diapers,
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 (DTI) and the Department of Agriculture(DA).(c) “Retailer” shall mean any natural or juridical
person engaged in the business of selling consumer products directly to
consumers, which shall include among others, supermarkets, grocery
stores, convenience and mini-convenience stores and shops, excluding
sari-sari stores with a capitalization of less than One Hundred Thousand
Pesos (PhP100,000.00), public and private wet markets, “talipapa” and
cooperative stores;(d) “Persons with Disability” shall refer to
any person suffering from restriction or different abilities, as a
result of 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 impairment; (3) or being regarded as having such
impairment.SECTION 3. Discount – Every person with disability shall
enjoy a special discount of five percent (5%) of the regular retail
price of basic necessities and prime commodities listed under Section 2
(a) and (b) of this Order. The total amount of said purchase shall not
exceed the amount of One Thousand Three Hundred Pesos (PhP1,300.00) per
calendar week without carry over of the unused amount. Provided, that
said amount shall be spent on items listed under Section 2 (a) and (b)
of this Order commensurate to his/ her personal and exclusive
consumption and/or enjoyment within the calendar week.SECTION 4. Valid Identification Documents – To avail of
the discount, a person with disability must present his/her
identification card issued by the National Council on Disability Affairs (NCDA) or by the authorized office of Local Government Units
(LGUs) where he/she resides. The procedure for the issuance of
identification cards shall be in accordance with NCDA Administrative
Order No. 001, Series of 2008, issued on 23 April 2008, and other
relevant issuances.In the event that the retailer has reasonable doubt as to the
identity of a person with disability availing of such special discount,
the retailer may request the former to present any other government
identification document, whether nationally or locally issued.SECTION 5. Purchase Booklet – A purchase booklet shall be
presented to the retailer every time a purchaser of basic necessities
and prime commodities is made. The purchase booklet shall conform to the
attached template (Annex “A”[*])
jointly prescribed by DTI and DA. The LGUs shall procure and distribute
the purchase booklets to the persons with disability residing within
their respective territorial jurisdiction.The purchase booklet shall contain the name of the person with
disability, the list of basic necessities and prime commodities under
Section 2 (a) and (b) of this Order. In addition, it shall also provide
columns for the name of retail establishment and its address, date of
purchase and the amount spent for the purchase thereof.SECTION 6. Special lane – Retailers shall provide
a special express lane for persons with disability; in the absence
thereof, priority shall be given to them.SECTION 7. Prohibition on Availment of Double Discounts –
The privilege herein granted shall not be claimed if the person with
disability claims a higher discount as may be granted by the retail
establishment and/or under other existing laws or in combination with
other discount programs such as those extended to senior citizens.SECTION 8. Authorized Representative – A person with
disability who cannot personally purchase basic necessities and prime
commodities under Section 2 (a) and (b) of this Order may, by written
authority, appoint a representative to transact with the retailer on
his/her behalf. The authorized representative shall be required to
present a valid government issued identification document together with
the LGU-issued identification document of the concerned person with
disability and an authorization letter.However, for those who can impossibly purchase basic necessities
and prime commodities under Section 2 (a) and (b) of this Order because
of his/her disability, the permanent representative/s within the
immediate family or the legal guardian, as the case maybe, shall
automatically be considered without the aforesaid written authorization;
Provided, that the name of the authorized person/s shall be indicated
in the purchase booklet or in the identification card that will be
issued to the person with disability.SECTION 9. Penal and Administrative Sanctions – Penal and administrative sanctions are those which are provided under R.A. No. 9442.
SECTION 10. Effecitivity – This Order shall take effect fifteen (15) days after its publication in a national newspaper of general circulation.
Adopted: 15 Dec. 2008
|
(SGD.) PETER B. FAVILA
Secretary, DTI |
(SGD.) ARTHUR C. YAP
Secretary, DA |
[*] Text Available at Office of the National Administrative Register, U. P. Law Complex, Diliman, Quezon City