Paging DSWD: IRR creating mess out of senior citizens law

We were recently witness to a “pagtatalo” in a restaurant regarding what identification document a senior citizen is required to present in order that he may avail himself of the discount privileges under Republic Act No. 9994 or the “Expanded Senior Citizens Act of 2010.”  It just so happened that the elderly concerned had lost his Osca (Office of Senior Citizens Affairs)-issued ID.  He presented his driver’s license (which clearly showed his birthdate), but to no avail. To avoid the embarrassment of being looked down upon as a tightwad, he grudgingly paid the bill.

The confusion arose out of two incongruous provisions in the implementing rules and regulations (IRR) of that law. While Rule III, Article 5.5 allows a senior citizen to present any government-issued ID, such as a driver’s license, PRC card, SSS/GSIS ID, voter’s ID, postal ID, etc. (as stated in the law itself), Rule IV, Article 6 provides in no uncertain terms: “For availment of the benefits and privileges under the Act and these Rules, the senior citizen… shall present as proof of eligibility, a valid and original Senior Citizen’s Identification Card issued by the Head of the Office of the Senior Citizens Affairs (Osca) of the place where the senior citizen resides, which shall be honored nationwide.”

Thus, by the plain language of that rule, only an Osca-issued ID is acceptable as “proof of eligibility” for “availment of (such) benefits and privileges.”   That same rule is being applied by many establishments for availment of other benefits and privileges. Those IRRs were cobbled and approved unanimously by the secretaries of practically all line agencies of the government. None of them saw what mess they have created?  As the lead agency, the Department of Social Welfare and Development should clarify this matter ASAP.

—STEPHEN L. MONSANTO,

Monsanto Law Office,

Loyola Heights, Quezon City

[email protected]