Title
Clarifies 20% Senior Citizen discount rules
Law
Dswd No. 3-2009, S. Of 2009
Decision Date
Mar 26, 2009
The DSWD Resolution clarifies the implementation of a 20% discount for senior citizens in restaurants and food establishments, ensuring it applies to all food purchases for their exclusive use, including take-out and delivery, while prohibiting practices that limit or deny this benefit.

Questions (DSWD Resolution NO. 3-2009, S. OF 2009)

The legal basis is Republic Act (RA) No. 9257 (Expanded Senior Citizens Act of 2003) and its Implementing Rules and Regulations (IRR), which grant a 20% discount on the purchase of food, drinks (including coffee and other beverages), desserts, and other consumable items served by establishments.

The primary criterion is that the food purchase in restaurants is for the exclusive use and enjoyment of senior citizens.

It clarifies that “exclusive use and enjoyment” means “for the senior citizen’s personal consumption only.”

No. Pegging a maximum amount of food purchase subject to the 20% discount, or posting a notice limiting it, is declared a violative act.

Yes. Refusal to grant the 20% discount on value, budget and promotional meals is declared violative of RA 9257.

Yes. It states that the discount applies regardless of the mode/classification of service, including dine-in, take-out/take-home/drive-thru, and delivery, subject to the clarified conditions.

It is allowed as long as it appears that the purchase is for the exclusive use and enjoyment of senior citizens, and the senior citizen himself/herself is present and personally ordering, with valid senior citizen ID presented.

Yes. Refusal to grant a discount on credit card payments is expressly declared violative.

The senior citizen ID card number must be given when ordering over the phone, and the senior citizen ID card must be presented upon delivery to verify the identity of the senior citizen entitled to the discount.

The basis is either: (a) the actual total price of the food purchase if less than the Most Expensive Meal Combination (MEMC), or (b) the MEMC if the actual total price is equal to or greater than the MEMC.

If ordering/eating in the company of others, the total bill is divided according to the number of people to determine the actual consumption of the individual senior citizen entitled to the 20% discount.

It provides: Total Billing Amount = Individual Consumption x 20% of a Senior Citizen with ID / No. of Customers (as shown in the resolution’s simplified computation).

Each elderly person with a valid senior citizen ID is entitled to the 20% discount.

For package promos good for a number of people (e.g., 4 to 5), the total bill should be divided by the lesser number (e.g., 4) so the basis for the 20% discount shall be a bigger amount.

Yes. Full 20% discount applies to all dine-in food purchases, provided they are purchased for the exclusive consumption of such senior citizen at the time of purchase and upon presentation of necessary senior citizen identification requirements.

It states that the discount does not apply to “kiddie meals” primarily prepared and intentionally marketed for children, and to “pre-contracted party packages” or bulk orders.

Copies are furnished to DTI, DILG, FSCAP, and OSCA.


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