PWD express lanes cover all establishments, transactions — DOJ

MANILA, Philippines — Express lanes for persons with disabilities (PWDs) should be available in all establishments, regardless of the transaction, the Department of Justice (DOJ) said.

The agency said this in its legal opinion on September 19, in response to a request from an individual, which was endorsed by the National Council on Disability Affairs. 

The Justice department, however, noted that it is only a legal opinion about the issue, which should serve as a reference for future legislation. 

The request stemmed from an individual who purchased a ticket for a K-pop concert through SM Business Center at SM San Lazaro in Manila. 

She claimed the mall did not implement an express lane for PWDs during the ticket purchase, prompting her to raise the concern with the mall’s management.

In response, SM, through its lawyers, said it implemented a “first come, first serve” policy to ensure that tickets are sold in a fair manner and everyone is treated equally.

The mall's management added that express lanes are privileges, not rights, and may not infringe upon the rights of other individuals.

Equal protection for PWDs

The DOJ explained the implementing rules and regulations (IRR) of Republic Act 1075, or the “Act Expanding the Benefits and Privileges of Persons with Disabilities,” stipulate that all commercial and government establishments must have an express lane for PWDs.

In the absence of such a lane, “priority shall be given to them in all transactions.”

Citing statutory interpretation, the DOJ emphasized that when the law is clear and unambiguous, it must be applied literally without additional interpretation.

The department also noted the provision uses the word “all,” indicating no distinction is intended between different establishments and transactions.

“It is important to stress that the legislature used the word ‘all’ without exceptions or qualifications. The term ‘all’ suggests comprehensiveness and denotes the complete totality,” the DOJ’s legal opinion read.

“The use of the word ‘all’ implies that the law does not distinguish between establishments or transactions involving items accessible to everyone and those with limited quantity,” it added.

The agency pointed out the principles of “equal protection” permit valid classifications based on reason rather than arbitrary distinctions.

In the case of RA No. 9442, the law emphasizes the rehabilitation and self-reliance of PWDs, recognizing them as a distinct class within the population.

“Thus, the classification and treatment accorded to PWDs satisfy the requirements of equal protection. Consequently, Congress may enact laws that provide different treatment for persons with disabilities compared to other citizens of the country,” the DOJ’s legal opinion read.