Legal basis and implementing coverage
- Section 32 (j) of R.A. No. 9442 authorizes the government, to the extent possible, to grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to guidelines to be issued by DTI and DA.
- This Order is issued in accordance with Section 32 (j) of R.A. No. 9442 and Section 6.9 of its implementing rules and regulations (IRR).
- R.A. No. 9442 amends R.A. No. 7277 and is titled the Magna Carta for Disabled Persons.
- The Order governs the grant of special discounts on qualifying purchases in retail transactions under the categories it defines.
Policy and program intent
- The program grants special discounts to persons with disability on the purchase of basic necessities and prime commodities.
- The discount applies within DTI and DA jurisdictions, focusing on consumer retail purchases of specified commodities.
Core definitions and who is covered
- The Order covers persons with disability who are Filipino citizens, and it also regulates retailers that sell consumer products directly to consumers.
- “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 that may be classified by DTI and DA.
- “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 DTI and DA.
- “Retailer” means any natural or juridical person engaged in selling consumer products directly to consumers, including supermarkets, grocery stores, convenience and mini-convenience stores and shops, excluding sari-sari stores with a capitalization of less than PhP100,000.00, and excluding public and private wet markets, atalipapa and cooperative stores.
- “Person with Disability” refers to any person suffering from restriction or different abilities due to mental, physical or sensory impairment, and disability covers: (1) a physical or mental impairment that substantially limits one or more psychological, physiological, or anatomical functions or activities considered normal for a human being; (2) a record of such impairment; or (3) being regarded as having such impairment.
Discount amount, limits, and allowed spending
- Every person with disability must enjoy a special discount of 5% of the regular retail price of basic necessities and prime commodities listed under Section 2 (a) and (b).
- The total amount of purchase under the discount shall not exceed PhP1,300.00 per calendar week, without carry over of any unused amount.
- The weekly purchase limit is subject to the requirement that the purchase shall be spent on items under Section 2 (a) and (b) commensurate to the person’s personal and exclusive consumption and/or enjoyment within the calendar week.
How the discount is claimed
- A person with disability must present a valid identification card issued by the National Council on Disability Affairs (NCDA) or by the authorized office of the Local Government Unit (LGU) where the person resides to avail of the discount.
- Issuance of identification cards follows NCDA Administrative Order No. 001, Series of 2008, issued on 23 April 2008, and other relevant issuances.
- If a retailer has reasonable doubt as to identity, the retailer may request any other government identification document, whether nationally or locally issued.
- A purchase booklet must be presented to the retailer every time a purchase is made.
- Purchase booklets must conform to the attached template (Annex “A”) jointly prescribed by DTI and DA.
- LGUs shall procure and distribute the purchase booklets to persons with disability within their territorial jurisdiction.
- The purchase booklet must contain the name of the person with disability, the list of the basic necessities and prime commodities under Section 2 (a) and (b), and columns for the retail establishment name and address, date of purchase, and amount spent.
- The discount program is operational through retailer presentation requirements tied to the identification card and the purchase booklet at the time of sale.
Retailer requirements for service access
- Retailers must provide a special express lane for persons with disability.
- If a special express lane is not available, the retailer must provide priority to persons with disability.
No double discount rule
- The privilege granted by this Order shall not be claimed if the person with disability claims a higher discount granted by the retail establishment and/or under other existing laws.
- The privilege is also barred when claimed in combination with other discount programs, including those extended to senior citizens.
Authorized representative and automatic coverage
- A person with disability who cannot personally purchase may appoint a representative through written authority.
- The authorized representative must present: (1) a valid government-issued identification document, (2) the LGU-issued identification document of the concerned person with disability, and (3) an authorization letter.
- For persons with disability who can impossibly purchase due to disability, permanent representatives within the immediate family or the legal guardian are automatically considered without the written authorization.
- The name of the authorized person/s must be indicated in the purchase booklet or in the identification card issued to the person with disability.
Penalties and sanctions
- Penal and administrative sanctions for violations are those provided under R.A. No. 9442.
Effectivity and adoption
- This Order was adopted on 15 Dec. 2008 by the DTI and DA Secretaries.
- The Order becomes effective 15 days after publication in a national newspaper of general circulation.