La Sallites show the way
We wish to commend Sen. Teofisto Guingona Jr., chair of the Senate Blue Ribbon Committee, for filing with the Ombudsman charges in connection with the sale of used helicopters passed off to the Philippine National Police, by “the Three Musketeers” and their associates, as brand-new. It’s still a long way to conviction or acquittal, but as the Chinese proverb goes, “The journey of a thousand miles begins with the first step.”
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Last week, a group of La Sallites from the Class ’66 of the School of Engineering decided to hold one of their quarterly reunions at a restaurant in Greenbelt 5 in Makati City. The eatery Ganso Shabuway is an upscale dining facility popular for its shabu-shabu menu. Some members of the group also graduated from La Salle High School Class ’61 that recently celebrated its Golden Jubilee. All are senior citizens. (Incidentally De La Salle University marked last June its centenary.)
When the time came to pay the bill, they noticed that the senior citizen discount of 20 percent and the exemption from VAT of 12 percent were applied only to the main course. The drinks and other items were separated and charged in full.
They brought the matter up to the attention of the head waiter who explained that it was “company policy” to apply the senior citizen law only to the main course. They called for the manager who reiterated this unusual “company policy.”
The group explained that the provision for a senior citizen discount is part of the law of the land and therefore cannot be superseded by any “company policy.” Specifically, Rule IV of the implementing rules and regulations of the senior citizen law provides that “the discount shall be for the purchase of food, drinks, dessert, and other consumable items served by the establishment and offered for the consumption of the general public.”
The exchange continued for more than 30 minutes with the manager insisting on the prerogative of the management to set up its own parameters on the implementation of the law. The La Sallites, responding “in accordance with the Christian gentleman values instilled by their alma mater,” courteously reminded the manager that violations of the law carried with it a fine of more than P50,000 plus imprisonment of two to six years. Apparently sensing the seriousness of the situation, the manager finally saw the light of day and “graciously relented” giving in to the urgings of the group for full implementation of their rights and benefits.
There are a few lessons from this incident that serve as a reminder of the need for constant vigilance in the implementation of laws that affect our daily lives:
Ganso Shabuway operates in the heart of the Makati business district. One would think that such an establishment is well aware of the provisions of a law that directly impacts on their business. In the past, during the early years of the senior citizen law, we would come across business firms that either refused to honor the law or gave it their own interpretations, such as that promo rates were a substitute for the senior citizen discount. In the case of some restaurants and drug companies, the use of credit cards would result in no discounts being allowed.
Since then, things have improved and many establishments go out of their way to ensure that the discounts are enjoyed by the elderly sector of society. It therefore comes as a surprise that there are still some places that try to get away with their own versions of how the law should be applied. Either they are completely ignorant of the law or they are operating on the basis of an old Filipino belief that baka sakali makalusot.
It is important for all senior citizens to know exactly what they are entitled to; otherwise, it becomes easy for places like Ganso Shabuway to insist on their own reading of the law. We are exempt from the 12 percent VAT and on top of that we enjoy the senior citizen discount of 20 percent for all food, drinks, dessert, and consumables.
The penalty for violation of this law is a fine of P50,000 to P100,000 plus imprisonment for two to six years for a first-time offense. For the second violation, the fine is P100,000 to P200,000 plus imprisonment for two to six years also. If the offender is an alien, he can be deported after sentencing without any deportation hearings. If offender is a corporation or any similar entity, the officials involved such as the president, general manager, or other officers charged with the management of the business shall be liable. Upon filing of the complaint, and after due hearings, the authorities may cause the cancellation or revocation of the business permit of the firm involved.
Business establishments should not be too complacent about this matter. Not all individuals are meek and submissive; every now and then there will be patrons like the La Sallites who have the resources and determination to go to the courts, if necessary.
Let us therefore cooperate with each other and not make life any more difficult.
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As I indicated in my last column, Quezon City recently passed an ordinance “exempting all senior citizens of Quezon City from the payment of the initial rate for parking fees in establishments, malls, hospitals, parking areas, or any similar places charging the same, situated within the territorial jurisdiction of the city and providing penalties for violations thereof.” (This means that the ordinance covers not just SM but also other shopping malls like Trinoma, Landmark, Araneta Center, and hospitals like St. Luke’s, Philippine Heart Center, Kidney and Lung Centers.)
Known as the “Senior Citizen Free Parking Ordinance of 2011,” the decree grants all senior citizens of Quezon City exemption from the payment of parking fees for the initial rate of the first three hours. The senior citizen must be the driver or a passenger of the private vehicle and the privilege can be availed of on multiple occasions. Overnight parking is not covered by this ruling.
The penalty for violation of this ordinance by the cashier or booth attendant shall be imprisonment of one to 30 days or a fine of P500 or both, at the discretion of the court. In the case of the operator/manager of the parking space, the violation shall be punished by imprisonment of one to 30 days or a fine of P2,000 or both, also at the discretion of the court.
