MANILA, Philippines — Long past its self-imposed deadlines in June and then again August, the technical working group for the guidelines on online discounts for senior citizens and persons with disability is still in the process of finalizing comments on the draft circular.
Public information representatives of both the Department of Social Welfare and Development and the Anti-Red Tape Authority confirmed this to Philstar.com this week.
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This comes after the DSWD in a letter in May that claimed that the "departments have already formulated the appropriate guidelines."
The DSWD's letter in June was in response to a complaint filed against it and the Department of Trade and Industry before the ARTA, which later intervened by putting the DSWD in charge of consolidating comments of concerned agencies on the Joint Administrative Order by June 15.
Sought for comment, lawyer Victor Dimagiba, president of the consumer group Laban Konsyumer, Inc., called the long delays "foot-dragging to the prejudice of the seniors and PWDs."
"In my opinion, the credible reason for the delay is that certain big merchants and big online platforms are exerting lobby against the agencies issuing the implementing guidelines," he told Philstar.com in an online exchange. He did not say who he meant and did not provide proof of the supposed lobbying.
Dimagiba pointed out that digital purchases are "the new normal" for seniors and the disabled under the coronavirus-induced community quarantines.
READ: Rules on online discounts for PWDs, seniors still pending months after request
LOOK: Department of Social Welfare and Development says the DSWD and the DTI have "already formulated the appropriate guidelines" allowing persons with disabilities and senior citizens to avail of discounts in online purchases @PhilstarNews
Story to follow. pic.twitter.com/eLl8vYdWwG— Franco Luna (@francoIuna) May 31, 2021
'Voluntary observance'
The latest draft of the proposed joint memorandum circular dated September 20 and crafted by the DTI acknowledges that "all the foregoing laws and JAOs do not distinguish between brick-and-mortar businesses and online businesses as regards the grant of discounts to SCs and PWDs."
"Covered sellers, merchants, business establishments and utilities may give the applicable discounts," the proposal, a copy of which was obtained by Philstar.com, reads.
However, under Section 3 of the draft, which outlines modes of availment, the JMC lists voluntary observance, onsite verification, and discount vouchers.
An earlier draft dated July 29 also sent to Philstar.com was more comprehensive, listing down separate rules for different availment modes such as e-commerce, purchases through mobile phone, among others. The July draft also allows PWDs and senior citizens to send authorized representatives in their place and still avail of discounts afforded to them by the law.
"Why need two versions after the public hearings?" Dimagiba said.
"Some good merchants do honor seniors with identification. [But] what about drug store micro medium and large category?"
Comments being finalized after claim guidelines 'already formulated'
According to the ARTA public information office, ARTA and the other agencies have already submitted comments to the TWG for final approval.
The two agencies also confirmed that the technical working group for the drafting of the joint memorandum circular will be holding another meeting on October 25 to further discuss the guidelines.
The DSWD said the meeting would be for the "finalization of the guidelines."
The draft Joint Administrative Order went through consultation with the following government agencies:
- Department of Social Welfare and Development
- Department of Trade and Industry
- Bureau of Internal Revenue
- National Commission of Senior Citizens
- National Commission on Disability Affairs
- Department of Health
- Department of the Interior and Local Government
Philstar.com sought DTI Undersecretary Ruth Castelo for comment but has not received a response as of this post.
Agencies did not respond to requests for comment on the delays.
"Most senior citizens and persons with disabilities above 65 years old purchase food items and other goods online and are not able to claim the discounts granted by law. In most cases, the merchants do not know what and how to grant the discounts," Dimagiba wrote in the letter to the ARTA in March.
He stressed that "clear and easy, convenient implementation" of discounts for senior citizens would be timely amid the difficulties brought on by the coronavirus-induced lockdown and "the dwindling resources both in the economy and for individual consumers."