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(NAR) VOL. 21 NO.4 OCTOBER - DECEMBER 2010

[ JOINT DTI-DA ADMINISTRATIVE ORDER NO. 10-02, October 15, 2010 ]

IMPLEMENTING RULES AND REGULATIONS ON THE GRANT OF SPECIAL DISCOUNTS TO SENIOR CITIZENS ON THE PURCHASE OF BASIC NECESSITIES AND PRIME COMMODITIES PURSUANT TO SECTION 4 (J) OF R.A. NO. 9994, OTHERWISE KNOWN AS THE EXPANDED SENIOR CITIZENS ACT OF 2010 REPEALING DTI DAO NO. 3, SERIES OF 2005 AND DA ISSUED AO NO. 37, SERIES OF 2005



SECTION 1. Scope and Coverage - This Order shall apply to senior citizens who are Filipino citizens as defined in Section 2 (a) of RA No. 9994 and Rule III, Art. 5.1 of the Implementing Rules and Regulations and retailers as defined under Section 2 (c ) hereof.

SECTION 2. Definition of Terms – For purposes of this Joint Administrative Order, these terms as defined as follows:

(a) Basic Necessities – This term is defined as follows:

1. Rice
2. Corn
3. Bread, in any shape and name, excluding pastries and cakes
4. Fresh, dried and canned fish and other marine products
5. Fresh pork, beef and poultry meat
6. Fresh eggs
7. Fresh and processed milk
8. Fresh vegetables including root crops
9. Coffee and coffee creamer
10. Sugar
11. Cooking Oil
13. Powdered, liquid, bar laundry and detergent soap
14. Firewood
15. Charcoal
16. Candles

(b) Prime Commodities – This term refers to the following:

1. Fresh fruits
2. Flour
3. Dried, processed and canned pork, beef and poultry meat
4. Dairy products not falling under section 2 (a) of basic necessities
5. Canned sardines, tuna
6. Noodles
7. Onions
8. Garlic
9. Geriatric diapers
10. Herbicides
11. Poulty, swine and cattle feeds
12. Veterinary products for poultry, swine and cattle
13. Nipa shingle, plyboard and construction nails
14. Batteries
15. Electrical supplies and light bulbs
16. Steel wire

(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 but excluding stalls in food courts, food carts, food vendors and 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) “Senior Citizen” – shall refer to any Filipino citizen who is a resident of the Philippines, and who is sixty (60) years old and 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.

SECTION 3. Discount – Every senior citizen shall enjoy a special discount of five percent (5%) of the regular retail price, without exemption from the value-added tax (VAT), 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. Provided, further that said amount shall be spent on at least four (4) kinds of items listed under Section 2 (a) of this Order.

SECTION 4. Valid Identification Documents – To avail of the discount, the senior citizen, or his/her duly authorized representative, shall present as proof of eligibility, a valid and original Senior Citizens’ Identification Card issued by the Head of the Office of Senior Citizens Affairs (OSCA) of the place where the senior citizen resides, and which shall be honored nationwide.

In the event that the retailer has reasonable doubt as to the identity of the senior citizen availing the discount, the retailer may request the senior citizen to present any other government identification document, whether nationally or locally issued indicating an elderly’s birthdate or age, which include, but not limited to driver’s license, voters ID, SSS/GSIS ID, PRC card, postal ID.

SECTION 5. Purchase Booklet – A purchase booklet shall be presented to the retailer every time a purchase of basic necessities and prime commodities is made. The purchase booklet shall be distributed by the OSCA.

The purchase booklet shall contain the name of the senior citizen, 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 senior citizens; in the absence thereof, priority shall be given to them.

SECTION 7. Promotional Discount - In the purchase of goods and services which are promotional discount, the senior citizen can avail of the promotional discount or discount provided herein, whichever is higher.

SECTION 8. Prohibition on Availment of Double Discounts - The privilege herein granted shall not be claimed if the senior citizen claims a higher discount as may be granted by the retail establishment.

In cases where the senior citizen is also a person with disability (PWD) entitled to a five percent (5%) discount under his/her valid PWD identification card (ID), the senior citizen shall use either his/her OSCA issued ID card or PWD ID card to avail of the five percent (5%) discount.

SECTION 9. Authorized Representative – A senior citizen 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 OSCA-issued identification document of the concerned senior citizen and an authorization letter.

SECTION 10. Penal and Administrative Sanctions - Penal and administrative sanctions are those which are provided under R.A. No. 9994.

SECTION 11. Repealing Clause – This Implementing Rules and Regulations (IRR) repeals DTI issued Department Administrative Order No. 3, series of 2005 and DA issued Administrative Order No. 37, s. of 2005.

SECTION 12. Effectivity - This Order shall take effect upon its publication in a national newspaper of general circulation.

 
(SGD.) GREGORY L. DOMINGO
        Secretary, DTI
(SGD.) PROCESO J. ALCALA
        Secretary, DA

RECOMMENDED BY:

(SGD.) ZENAIDA CUISON MAGLAYA
        Undersecretary, DTI
(SGD.) SEGFREDO R. SERRANO
        Undersecretary, DA

(SGD.) VICTORIO MARIO A. DIMAGIBA
  Director, DTI-BTRCP



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