- I first published a similar article to this one on my own PhilFAQS site back in2010, at the time the present administration took office.
- The revised rules for use of the Senior Citizen Card were one of the earliest pieces of legislation enacted by President Aquino.
- The abuse and misuse of the Senior Citizen program might (or might not) be an item of some interest in the current administration.
- This article is just a word to the wise.
This article will not be of interest to some of my younger readers. No problem, feel free to flit elsewhere, I bear no grudge.
But almost all of us are in one of two groups. Those who have already reached the “golden years” (like me) or those who hope to live long enough to be included … so perhaps this is of more general interest than you first thought it was.
Many also reading may have Filipino relatives age 60 or older, and you may find that some of what I write about here is very directly applicable.
Please note I am trying to eliminate all personal opinion here and present just the facts. None of this is “what I heard” or what “Joe down at the VFW told me”. I have a reference for every fact. If you disagree, fine, but please be sure to refer to the facts presented before you start spouting off about how you heard differently.
If I did make an error and you find it, I’d a appreciate an authoritative reference, but don’t take up a lot of time telling me what Tita Tone down at your local Senior Citizen off “told you”. She is not the law of the land.
The law has changed, significantly, in the past 6 or 8 years (at least three major revisions), so what you KNEW back in 2006 or 2007 (just as what I myself KNEW back in 2006 when I moved here, is mostly wrong in 2014.
Is There a Viable Senior Citizen Discount Program in the Philippines?
You bet. Among other benefits it covers:
- Purchase of medicines, including influenza and pneumococcal vaccines and other essential medical supplies, accessories and equipment; and
- Actual fare for land travel in public utility jeepneys, taxis, Asian utility vehicles and shuttle services.
Moreover, additional incentives and benefits are also granted to senior citizens, as follows:
- Free vaccination against influenza and pneumococcal disease for indigent senior citizens;
- Benefit assistance to the nearest kin of a deceased indigent senior citizen worth P2,000.
- Five percent (5%) discount on water and electric bills registered in the name of the senior citizen, provided that consumption is below 100 kilowatt-hours of electricity and 30 cubic meters of water a month; as well as
- Additional government assistance, i.e., social pension/monthly stipend of P500, mandatory PhilHealth coverage, and social safety assistance (food, medicines and financial assistance).
What Philippine Law Covers These Senior Citizen Benefits?
(This is the current law and is well worth reading for those of you with questions. Don’t worry, it’s less than 4 full pages, you won’t have to spend the whole day reading it)
Who is covered by this act?
Residents of the Philippines who are citizens of the Philippines who have attained the age of 60 years.
You can look the exact legal language up for yourself. I write the sentence above in a slightly different fashion that the original act to point out something important.
Only Philippine Citizens may legally use the discounts and other benefits covered by RA 9994.
I get questions more often than you might think regarding this question, and I see it discussed, sometimes Ad nauseam, in groups and forums of interest to foreigners living in the Philippines.
(oh, and by the way, if you are a former Filipino (as in living here under a 13(g) permanent visa, you are not a Filipino citizen for the purposes of this law, so the law does not cover you either.)
The language was written the way it is for a specific purpose … to distinctly define who is eligible … and there are a number of my foreigner friends, for example, who have long believed they were entitled to the senior discount privileges … and even some who already avail of them … but the new law is pretty specific. Only Philippine Citizens are covered.
Now that I have made myself undyingly (un)popular with the foreigner community, let me mention a little about how some of the confusion regarding this law, and its predecessors has come to pass:
How It Used To Be:
The First Senior Citizen Law:
In the early 90’s, the first law on senior citizens, RA 7432, was enacted to maximize the contribution of senior citizens to nation building and to grant them benefits and special privileges.
Among others, this law granted the senior citizens a 20% discount on purchases of essential goods and services.
Many of the official/semi-official writings I have seen on this law seem to be confusing about its applicability to permanent residents, as well as Philippine citizens … but the law itself says, specifically, that the Senior Citizen discount privileges and accompanying identification documentation is for Filipino Citizens only.
I don’t know how many of my readers might have been around the Philippines when RA 7432 was passed, but legally there was no confusion regarding citizenship. The Act clearly made the program available ONLY to Philippine citizens, so no real confusion.
Enter RA 9527 (and cue the confusion)
In 2003, RA 7432 was amended by RA 9257, otherwise known as the “Expanded Senior Citizens Act of 2003,” which granted additional benefits and privileges to senior citizens.
There are also specific procedures in RA 9257 that allow government officials, such as barangay captains, to grant the issuance of the Senior Citizen ID to others, including foreigners, if they make specific and documented contributions to their local community.
Thus from 2003 until 2010 there WERE legal provisions for LGU (Local Government Officials) to issue Senior Citizen Discount Cards to foreigners who, in the LGU official’s opinion, basically, deserved them.
So there are a non-trivial number of non-Filipinos around today who have senior citizen cards which probably were issued legally at the time. This has lead to a LOT of confusion, because if you have such a card and some upstart, non-lawyer like me comes along an tells you you not only shouldn’t possess that card but that you might face jail or deportation for using it, I can well understand why thoughts of WTF come to mind.
Beware! The New Law is DIFFERENT!
However, if you bother to read it, you’ll note that there is no such provision in the most current law, RA 9994 … so no citizenship, no ID … seems to be the clear intent.
With every Philippine law comes what some would consider the “fine print”.
The IRR (Implementing Rules and Regulations). I believe there may yet be changes in the IRR for RA 9994, but here is a link to them as they are currently published.
If you don’t want to wade through the whole reference, you might at least want to read:
5.1 SENIOR CITIZEN OR ELDERLY – refers to any Filipino citizen who is a resident of the
Philippines, and who is sixty (60) years old or above. It may apply to senior citizens with “dual
citizenship” status provided they prove their Filipino citizenship and have at least six (6) months
residency in the Philippines.
I don’t know about you, but to me this is pretty clear that no “non-Filipino” is covered by the law.
You also might want to pay particular attention to Article 24, Sections 3 and Sections 4 of the referenced IRR.
… use of the Senior Citizen privilege by a person not entitled to use the privilege is punishable by a fine of not less than P50,000 and (If I were a lawyer, I would tell you why they chose the word ‘and” here and not the word “or” … but in layman’s terms, it likely means you are going to jail) a prison sentence of not less than six months. …
Now as you well know, I am not an attorney, but the words above seem pretty clear to me, even with no law degree or bar exam. Anyone out there care to offer an alternative explanation? (again, I mean something factual, not yet another “but I heard”.
In Addition to Jail:
However, as you’ve no doubt heard Ron Popeil (you don’t know Ron? Google is your friend) say, “But wait, there’s more!” The jail time and fines are in Section 3. Section 4 is short and sweet, and applies to most of us reading this:
“If the offender is an alien or a foreigner, he/she shall be deported immediately after service of sentence without further deportation proceedings”
Ouch! I don’t think a 20% discount on anything is worth that
Some Backup Information:
After I started writing, I ran across an official letter sent by the director of a large organization (with many foreigner members) here in the Philippines, asking for official policy on their former practice of issuing discount cards to foreigner members.
Here’s an excerpt from a March, 2011 letter from the Department of Social Welfare and Development, the government agency who actually “owns” the Senior Citizen Discount program, in response to a letter from an executive here in the Philippines explicitly asking for an opinion on foreigners and balikbayans using the program. I think it reads pretty clear.
Is That Understandable?
Any English professors in the audience my differ with me,, but I find this pretty clear writing. Can you interpret that in any way to indicate there is a legal way for foreigners, or even non-resident Filipinos to avail of these discounts? I can’t.
So, now you know.
As a foreigner, or former Filipino you can not avail of the Senior Citizen Discount Program in the Philippines. You must be a Filipino and furthermore, you must be legally resident in the Philippines for 6 months to qualify for the card. Things change over the years, they may change again … but the law of the land today seems pretty clear.
But What If I Already Have a Card?
If I had a card, as a foreigner, I’d burn it … I can’t see how the promise of an occasional discount can be worth the very real risk of a substantial fine, a mandatory jail sentence and then mandatory deportation.
However, this is the Internet, so YMMV … but you can’t say Dave didn’t warn you.