MANILA, Philippines — The Department of Justice (DOJ) over the weekend reiterated that establishments or agencies cannot deny or withhold legally mandated discounts or privileges to persons with disability (PWDs) solely because their identification (ID) cards cannot be verified immediately.

In a legal opinion issued on Jan. 27, the DOJ clarified that Republic Act No. 10754, which expands benefits for PWDs, does not require verification of a PWD ID before a senior citizen can be entitled to discounts and other such benefits.

The DOJ issued the opinion in response to a request for clarification by the National Council on Disability Affairs after establishments raised concerns about the authenticity of some “suspicious” PWD ID cards presented to them.

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“Denial and withholding of PWD benefits and privileges solely because the authenticity of the PWD ID card cannot be verified at the time of presentation does not comply with existing laws and implementing rules and regulations, particularly the provisions of RA 10754 and its IRR,” the DOJ said in its opinion signed by Justice Undersecretary Raul Vasquez.

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Such denial and withholding of PWD benefits and privileges, it added, constitute a “violation of the rights of PWDs to avail [themselves] of the said benefits and privileges.”

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The DOJ pointed out that RA 10754 was designed to provide PWDs with a chance to “participate fully in the mainstream of society” by granting them at least a 20-percent discount and exemption from the value-added tax on the sale of certain goods and services identified under Republic Act No. 9442.

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Many establishments, to be sure, do not consistently apply the 20-percent discount rule, as several PWDs as well as senior citizens have noted by experience.

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The law provides that presentating an ID card issued by the city or municipal mayor or the barangay captain of the village where the PWD resides, or a passport or any other recognized document, would suffice as proof of entitlement to the PWD benefits.

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The Department of Health (DOH) maintains the national PWD registry, but the DOJ noted it does not yet contain a complete record of all PWDs due to various reasons.

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“As such, denial or withholding of PWD benefits and privileges due to an unverified PWD ID card or when verification results in ‘no records found’ in the registry would undoubtedly defeat the purpose of the law,” the DOJ said.

The DOJ also cited existing guidelines issued by relevant government agencies, such as its Administrative Order No. 2017-0008 and the Joint Memorandum Circular No. 01 s. 2022 and Administrative Order No. 17-01 s. 2017, both issued by various agencies, all of which provide that mere submission or presentation of a PWD ID card and other pertinent requirements, if applicable, would suffice for a PWD to be given the due benefits and privileges.

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