IRR of R.A. No. 9442 (December 15, 2008)

(NAR) VOL. 20 NO.1 / JANUARY – MARCH 2009 [ JOINT DTI-DA ADMINISTRATIVE ORDER NO. 02, S. 2008, December 15, 2008 ] IMPLEMENTING RULES AND REGULATIONS ON THE GRANT OF SPECIAL DISCOUNTS TO PERSONS WITH DISABILITY ON THE PURCHASE OF BASIC NECESSITIES AND PRIME COMMODITIES PURSUANT TO SECTION 32 (J) OF R.A. NO. 9442, OTHERWISE KNOWN AS THE MAGNA CARTA FOR DISABLED PERSONS AND FOR OTHER PURPOSES WHEREAS, Republic Act (R.A.) No. 9442 also known as the “Magna Carta for Disabled Persons and for Other Purposes” was signed into law on 30 April 2007 by President Gloria Macapagal-Arroyo amending R.A. No. 7277 and granting other privileges and incentives to persons with disability; WHEREAS, Section 32 (j) of R.A. No. 9442 provides that “to the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA)”; NOW, THEREFORE, WE, PETER B. F AVILA, Secretary of the Department of Trade and Industry (DTI) and ARTHUR C. YAP, Secretary of the Department of Agriculture (DA), in accordance with Section 32 (j) of R.A. No. 9442 and Section 6.9 of its implementing rules and regulations (IRR), otherwise known as the Magna Carta for Disabled Persons and for Other Purposes, do hereby issue this Order providing special discounts to persons with disability on the purchase of basic necessities and prime commodities under DTI and DA jurisdictions: SECTION 1. Scope and Coverage - This Order shall apply to persons with disability who are Filipino citizens, and retailers as defined under Section 2 (c) hereof. SECTION 2. Definition of Terms - For purposes of this Order, these terms as defined as follows: a. “Basic Necessities” - refers to rice, corn, bread, fresh, dried and canned fish and other marine products, fresh pork, beef and poultry meat, fresh eggs, fresh and processed milk, infant formulas, fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, firewood, charcoal, candles and other commodities as maybe classified by the DTI and the DA.b. “Prime Commodities” refers to fresh fruits, flour, dried, processed and canned pork, beef and poultry, meat, dairy products not falling under basic necessities, noodles, onions, garlic, diapers, herbicides, poultry, swine and cattle feeds, veterinary products for poultry, swine and cattle feeds, veterinary products for poultry, swine and cattle, paper, school supplies, nipa shingle, plyboard, construction nails, batteries, electrical supplies, lightbulbs, steel wire and other commodities that may be classified by the Department of Trade and Industry (DTI) and the Department of Agriculture(DA). (c) “Retailer” shall mean any natural or juridical person engaged in the business of selling consumer products directly to consumers, which shall include among others, supermarkets, grocery stores, convenience and mini- convenience stores and shops, excluding sari-sari stores with a capitalization of less than One Hundred Thousand Pesos (PhP100,000.00), public and private wet markets, “talipapa” and cooperative stores; (d) “Persons with Disability” shall refer to any person suffering from restriction or different abilities, as a result of mental, physical or sensory impairment, to perform an activity in a manner or within the range considered normal for human being. Disability shall mean (1) a physical or mental impairment that substantially limits one or more psychological, physiological, or anatomical function of an individual or activities of such individual; (2) a record of such impairment; (3) or being regarded as having such impairment. SECTION 3. Discount - Every person with disability shall enjoy a special discount of five percent (5%) of the regular retail price of basic necessities and prime commodities listed under Section 2 (a) and (b) of this Order. The total amount of said purchase shall not exceed the amount of One Thousand Three Hundred Pesos (PhP1,300.00) per calendar week without carry over of the unused amount. Provided, that said amount shall be spent on items listed under Section 2 (a) and (b) of this Order commensurate to his/ her personal and exclusive consumption and/or enjoyment within the calendar week. SECTION 4. Valid Identification Documents - To avail of the discount, a person with disability must present his/her identification card issued by the National Council on Disability Affairs (NCDA) or by the authorized office of Local Government Units (LGUs) where he/she resides. The procedure for the issuance of identification cards shall be in accordance with NCDA Administrative Order No. 001, Series of 2008, issued on 23 April 2008, and other relevant issuances. In the event that the retailer has reasonable doubt as to the identity of a person with disability availing of such special discount, the retailer mayrequest the former to present any other government identification document, whether nationally or locally issued. SECTION 5. Purchase Booklet - A purchase booklet shall be presented to the retailer every time a purchaser of basic necessities and prime commodities is made. The purchase booklet shall conform to the attached [*] template (Annex “A” ) jointly prescribed by DTI and DA. The LGUs shall procure and distribute the purchase booklets to the persons with disability residing within their respective territorial jurisdiction. The purchase booklet shall contain the name of the person with disability, the list of basic necessities and prime commodities under Section 2 (a) and (b) of this Order. In addition, it shall also provide columns for the name of retail establishment and its address, date of purchase and the amount spent for the purchase thereof. SECTION 6. Special lane - Retailers shall provide a special express lane for persons with disability; in the absence thereof, priority shall be given to them. SECTION 7. Prohibition on Availment of Double Discounts - The privilege herein granted shall not be claimed if the person with disability claims a higher discount as may be granted by the retail establishment and/or under other existing laws or in combination with other discount programs such as those extended to senior citizens. SECTION 8. Authorized Representative - A person with disability who cannot personally purchase basic necessities and prime commodities under Section 2 (a) and (b) of this Order may, by written authority, appoint a representative to transact with the retailer on his/her behalf. The authorized representative shall be required to present a valid government issued identification document together with the LGU-issued identification document of the concerned person with disability and an authorization letter. However, for those who can impossibly purchase basic necessities and prime commodities under Section 2 (a) and (b) of this Order because of his/her disability, the permanent representative/s within the immediate family or the legal guardian, as the case maybe, shall automatically be considered without the aforesaid written authorization; Provided, that the name of the authorized person/s shall be indicated in the purchase booklet or in the identification card that will be issued to the person with disability. SECTION 9. Penal and Administrative Sanctions - Penal and administrative sanctions are those which are provided under R.A. No. 9442. SECTION 10. Effecitivity - This Order shall take effect fifteen (15) days after its publication in a national newspaper of general circulation. Adopted: 15 Dec. 2008(SGD.) PETER B. FAVILA (SGD.) ARTHUR C. YAP Secretary, DTI Secretary, DA [*] Text Available at Office of the National Administrative Register, U. P. 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