By Filane Mikee Cervantes
MANILA – Establishments cannot deny persons with disabilities (PWDs) their legally mandated discounts even if the authenticity of their PWD identification cards cannot be immediately verified, a lawmaker said on Friday.
Camarines Sur 2nd District Rep. Luis Raymund Villafuerte Jr. said rejecting PWD discounts under such circumstances violates Republic Act No. 10754 and its implementing rules and regulations (IRR).
Villafuerte cited a new legal opinion from the Department of Justice (DOJ), which states that withholding PWD benefits and privileges due to unverified IDs “constitutes a violation of the rights of PWDs.”
“Based on the five-page legal opinion issued by the DOJ in January, establishments cannot deny PWDs their 20% discount and 12% VAT exemption on the ground that the authenticity of the PWD ID cards presented to agencies, restaurants, shops, or stores are doubtful because these cannot be ascertained at the time of their presentation,” he said.
DOJ Undersecretary Raul Vasquez said in the legal opinion that “verification of a PWD ID card is not required before the benefits and privileges may be availed of by a PWD.”
Villafuerte further explained that under RA 10754, PWDs only need to present a valid ID issued by a local government unit (LGU), the Persons with Disability Affairs Office (PDAO), the City or Municipal Social Welfare and Development Office (CSWDO or MSWDO), the National Council on Disability Affairs (NCDA), or a Philippine passport to avail of their benefits.
The DOJ issued the legal opinion in response to NCDA Deputy Executive Director Dandy Victa, who had asked whether establishments could legally withhold PWD privileges if the authenticity of the IDs could not be verified immediately.
Victa noted concerns raised by business establishments regarding suspicious PWD IDs.
Vasquez said that while verification is conducted through the Department of Health’s (DOH) PWD Registry, the registry “does not yet contain the complete listing of PWDs in the country for various reasons.”
Vasquez underscored that the lack of a verification system or a complete PWD registry should not be used as basis for denying benefits, as doing so undermines the intent of the law.
“Denial or withholding of PWD benefits and privileges due to unverified PWD ID cards or when the verification results in ‘no records found’ in the registry would undoubtedly defeat the purpose of the law,” he said.
Villafuerte, meanwhile, reminded businesses of DOJ Opinion No. 45, issued in October 2024, which clarified that the 20 percent discount and 12 percent VAT exemption apply to the total cost of meals purchased by PWDs, whether for dine-in or takeout.
The opinion affirmed that the discount is applicable regardless of the quantity or size of the order, as long as the food is for the exclusive consumption of the PWD cardholder.
Villafuerte has filed House Bill No. 8223, seeking to establish a Disability Support Allowance Program under the Department of Social Welfare and Development.
The bill proposes a monthly disability allowance of PHP2,000 to help PWDs cope with the rising cost of living and support their integration into society. (PNA)
