Senior citizens can get discount for golf course use - DOJ

The law granting a 20-percent discount on the purchases of senior citizens could cover even the membership in and use of privately owned golf and country clubs, according to the Department of Justice. In a legal opinion, Acting Justice Secretary Agnes Devanadera said that Republic Act 9257, known as the Expanded Senior Citizens Act of 2003, gives privileges for senior citizens covering all prices of goods and services offered to the public. Devanadera declined to rule outright on whether the 20 percent discount required by the law may be enjoyed by senior citizens from privately owned golf and country clubs, or other recreation centers. She said that the DOJ is constrained to issue an opinion on "questions/issues raised affecting the substantive rights of private parties, i.e., the elderly complainant and the golf club, upon whom the opinion of the Secretary of Justice would have no binding effect." However, she said that the Department of Social Welfare and Development (DSWD), which sought the legal opinion, should be by Rule V Article 7, Section 4 of the law. The law states that “the grant of 20-percent discount is applicable on all prices of goods and services offered to the general public regardless of the amount purchased from "all establishments, irrespective of classification, relative to the utilization of services." Devanadera said that senior-citizen discount for recreation centers "shall be for the utilization of services in the form of fees, charges and rental fees." Since the parties involved are private, Devanadera explained that "in all probability, (the issues would) be litigated judicially." "This is in consonance with long-established precedents to the effect that the secretary of Justice, as attorney-general, should not render an opinion on questions which as justiciable in nature or which might subsequently be the subject of judicial litigation," Devanadera said. She said that Section 3 of RA 7432 provides that senior citizens shall be entitled to the grant of 20-percent discount from all establishments, public or private, relative to the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers." DSWD Secretary Esperanza Cabral sought the legal opinion following a letter-complaint from an elderly who claimed that he was unable to avail herself of the 20-percent senior citizens discount from Valley Golf. In denying the complainant a discount to the services of the golf club, it said that the law does not apply to them because the discount applies only to golf clubs that are open to the public. The matter reached the justice secretary since the DSWD's position on the controversy opposed that of the Department of Trade and Industry. - GMANews.TV