Senior Citizen Discounts For Non-Filipinos

[Dave Hounddriver]

1 hour ago, intrepid said:

Interesting topic.  As I approached to senior age many of our local friends were telling me that soon I would be getting discounts on my medications, food, and the like.  I had my doubts but they all told me it was true that even as a US citizen I could get not only get the discounts but could also obtain a senior citizen card.  As I knew some older expacts in the area they also assured me.  So shortly after my birthday we went to city hall, showed my drivers license,(Philippine license) and within a few minutes was given my card along with the books to use at the supermarket.  Never had an issue.  Much better benefits than the US offers.   Enjoy,..it's more fun in the Philippines. 

I also know more than a few expats who obtained and use the card.  There are also some who were not able to get it.  The answer seems to be "your experience will differ" and it depends on where you are and who you talk to.  That is why I pointed out:

2 hours ago, Dave Hounddriver said:

I have not said that non-Filipinos cannot get the discount, just that I do not see where it says they are entitled to it.

In addition.  Lets ask if anyone knows of an expat who has used the card and been arrested or fined?  The closest I can come is about 4 years ago at MacDonald's in Dumaguete when a foreigner was just about livid when the manager there refused to allow him a senior's discount even though he had a card.  All that happened was he embarrassed all foreigners in the shop and the security escorted him to the door.

[Mike J]

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[Snowy79]

I think if we struggle to understand the law I doubt the average Filipino knows it either. 

[Jack Peterson]

Just now, Snowy79 said:

I doubt the average Filipino knows it either. 

 Not to sure lawers do either 

[Dave Hounddriver]

4 hours ago, Mike J said:

If you are a foreigner violating any of the provisions of the law, you shall be deported immediately after service of sentence without further deportation proceedings.

I searched this quote in your link and it may refer only to "Any person who refuses to honor the senior citizen card" rather than any person who obtains the card and asks to use it.  There are many laws in the Philippines but if I have not seen them enforced or seen a Supreme Court decision on the matter then I consider the laws open to interpretation.  So, with all respect to your opinion and your understanding of the law, I still ask members here:

3 hours ago, Dave Hounddriver said:

Lets ask if anyone knows of an expat who has used the card and been arrested or fined?

A law that is not enforced for long enough ceases to be enforceable. I have searched https://www.doj.gov.ph/opinion.html?y=2021 for opinions on the matter and I can find nothing to clarify and nothing to show foreigners have been charged.  IMHO the DOJ is not yet certain how they will proceed in the future and that is why non-citizens are getting and using the card.
 

[hk blues]

9 hours ago, JJReyes said:

Republic Act 9994, commonly known as the Expanded Senior Citizens Act of 2010, defines the privilege entitlement as all senior citizens in the Philippines. This includes non-Filipino elderly who have resided in the Philippines for at least six months. 

 

Is the 2nd sentence a personal interpretation or as written in the law?

If it's written in the law then it leaves little room for doubt as to foreigners' eligibility save the obvious vagueness of the word "elderly".  In which case, I wonder why we keep having this same debate?

 

 

 

 

[Mike J]

55 minutes ago, Dave Hounddriver said:

I searched this quote in your link and it may refer only to "Any person who refuses to honor the senior citizen card" rather than any person who obtains the card and asks to use it.  There are many laws in the Philippines but if I have not seen them enforced or seen a Supreme Court decision on the matter then I consider the laws open to interpretation.  So, with all respect to your opinion and your understanding of the law, I still ask members here:

A law that is not enforced for long enough ceases to be enforceable. I have searched https://www.doj.gov.ph/opinion.html?y=2021 for opinions on the matter and I can find nothing to clarify and nothing to show foreigners have been charged.  IMHO the DOJ is not yet certain how they will proceed in the future and that is why non-citizens are getting and using the card.
 

Source for "A law that is not enforced for long enough ceases to be enforceable."  Opinion or rule of law? 

Using the URL that was in your post and searched for "senior citizen".   Red highlight is mine.

https://www.doj.gov.ph/news_article.html?newsid=450

<snip> 

Justice Secretary Emmanuel L. Caparas expressed the need to amend the Implementing Rules and Regulations (IRR) of Republic Act 9994, or the Expanded Senior Citizens Act of 2010 (RA 9994) to avoid confusion with the proper identification documents that a senior citizen may use to avail of the benefits under the law.

Responding to a request for legal opinion made by the National Coordinating and Monitoring Board (NCMB), Sec. Caparas noted that both Sec. 4 of (RA 7432), as amended by RA 9994 and Article 5, Rule III of the IRR state that, to avail of the benefits provided by that law, a senior citizen may present any of the following: an identification card issued by the Office of the Senior Citizen Affairs (OSCA), passport, or any other documents that establish Filipino citizenship and age.

However, under Article 6 of Rule IV of the same IRR, a senior citizen may only be eligible for the privileges provided by the act upon presentation of the OSCA-issued Senior Citizens' ID.

Sec. Caparas said "it would appear that Article 6, earlier quoted, is incomplete and does not conform to the provisions of the law it seeks to implement" and "a reading of the provisions of R.A. No. 7432, as amended, does not show any legislative intent to limit the grant of the benefits and privileges only to holders of OSCA-issued Senior Citizens ID."

He further said the power to amend the subject IRR however, belongs to the DSWD Secretary pursuant to Sec. 90 of RA 9994 and not to the NCMB, which is limited to monitoring the implementation thereof under Sec. 8 of said law.

<end snip>

Edited November 23, 2022 by Mike J

[Dave Hounddriver]

1 hour ago, Mike J said:

Opinion or rule of law?

Its a rule of law but I could not be arsed to search for it again.  Research "desuetude pertaining to law" for more info.

Its been an interesting discussion but I stand by my opinion that until two lawyers fight it out in the supreme court it is open to interpretation.

[Mike J]

Here is additional information.   I don't know how it could be any more clear and was added just to make sure that the law was for Philippine citizens ONLY.  At this point I am going to bow out unless someone can point to a law, rule, or regulation that supercedes or expands again on RA 9994 as currently amended by RA 9257.

 

https://lawphil.net/statutes/repacts/ra2010/ra_9994_2010.html

 

<snip>

 

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9994, ALSO KNOWN AS THE "EXPANDED SENIOR CITIZENS ACT OF 2010," AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432 OF 1992 AS AMENDED BY REPUBLIC ACT NO. 9257 OF 2003

RULE I
TITLE, PURPOSE AND CONSTRUCTION

Article 1. Title. - These Rules shall be known and cited as the Implementing Rules and Regulations of Republic Act No. 9994, otherwise known as the "Expanded Senior Citizens Act of 2010."

Article 2. Purpose. - Pursuant to Section 9 of RA No. 9994 (hereinafter referred to as the Act), these Rules and Regulations are promulgated to prescribe the procedures and guidelines for its implementation, in order to facilitate compliance with the Act and to achieve its objectives.

Article 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 conflict or ambiguity, the same shall be construed liberally and in favor of the senior citizens.

<end snip>

A bit further down in RA 9994

<snip>

RULE III
DEFINITION OF TERMS

Article 5. Definition of Terms. - For purposes of these Rules, the terms are defined as follows:

5.1 SENIOR CITEZEN 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

<end snip>

---

[Freebie]

Happy to be granted the privilege in numerous places in Makati. Not a problem if any establishment states they wont give it to me as a benefit.. but in past 10 years only one place said "No , citizens only" and that was for an RT PCR test. Otherwise golden.

Yes, some here get hot under the collar about its applicability, and others dont... its been like this on discussions on various boards amongst numerous expats for past 10 or more years. The chance of being deported ( talk about a punishment not exactly fitting the crime ) seems to be about equal to the snowflake in hades imagery.