While senior citizens are entitled to a 20 percent discount in many services, they should not abuse it.
This was the message of Grace Sogo, former cashier of the Papa Kits Marina and Fishing Lagoon, which was charged in court for refusing to honor an elderly customer’s 20 percent discount.
Soco said the customer, who brought his family to the restaurant last Jan. 18 to celebrate his daughter’s birthday, had demanded a discount for the entire bill for eight to 10 diners.
“We were willing to give a discount, but not the entire bill,” Soco said in an interview.
She said the rule was that the discount would apply only to the senior citizen in his share of the total bill.
Meanwhile, the lawyer of Menca Development Corp. that owns the 90-hectare property in Silot Bay where the marina and restaurant are located plans to file a motion for reconsideration in court soon.
“We didn’t know about this decision until it landed in the front page of your paper. Once we get the resolution, we’ll file the motion,” said Ernesto Carreon, the corporate secretary.
The Cebu Provincial Prosecutors’ Office indicted Soco and Larry Atentar, human resource department manager of Papa Kit’s Marina and Fishing Lagoon.
The two face charges of violating Republic Act 9994 or the Expanded Senior Citizens Act of 2010.
Asst. City Prosecutor Anabelle Robles recommended the filing of charges before the Municipal Trial Court.
Carreon said the management has been honoring the senior citizens discount since they opened in August 2010.
The site has become a popular recreation area for families who come to enjoy outdoor activities like fishing in a fishpond, picnics and eating native food served on site.
Carreon said they have a record book with evidence of their claim.
Soco said Papa Kit’s Marina and Fishing Lagoon was willing to grant a discount to Venancio Labiano Jr, a retiree based in Zamboanga Sibugay in Mindanao.
Soco said the 20 percent discount for senior citizens could be availed by Labiano alone.
“Only senior citizens can request for discounts. That’s the right of senior citizens; a privilege given by the government. We are happy for that. But let’s not abuse it,” Soco told Labiano brought his family to celebrate the birthday of his daughter and another daughter’s homecoming from abroad.
When their bill was presented, Labiano gave his Senior Citizens Card but the waiter allegedly did not honor it.
After a confrontation, Labiano paid the bill without any discount.
Soco denied not granting a senior citizen’s discount to Labiano, saying he demanded a discount for the entire bill.
She declined to mention the amount paid for by Labiano.
“I hope the court will dismiss the case. the problem will be eventually resolved,” she said.
Soco said Labiano threatened to file a complaint against them so she wasn’t surprised about the case.
Section 4 of RA 9994 or the Expanded Senior Citizens Act states that senior citizens shall be entitled to the grant of 20 percent discount and exemption from value-added tax (VAT) on goods and services from all establishments,
Carreon described the case as a misinterpretation of the law.
He said the law actually provides discounts to services being enjoyed by the senior citizen.
“The management, to avoid any more trouble, opted to apply the discount to the entire bill but he didn’t want it anymore,” he said.
Carreon said they will file the motion for reconsideration because they were unsatisfied with the findings of Robles.
“We are still confident that the case will be dismissed. If not, we’ll have to file an appeal to DOJ (Department of Justice),” said Carreon.
Cebu Business Club president Gordon Alan Joseph said the law should spell out the exact guidelines for the discount.
He questioned if all businesses can afford to give the 20% of the gross revenue.
“I believe that this should be qualified and categorized. I’m not sure 20 percent across the board is viable for some businesses like retail and dried goods,” said Joseph.
Mandaue Chamber of Commerce and Industry president Eric Ng Mendoza agreed, saying the discounts can better be used for certain needs like medicines, health care necessities and maintenance needs.
Cebu Vice Gov. Agnes Magpale said the Expanded Senior Citizen’s Act of 2010 specifically giving discount to senior citizens should be implemented.
“As far as I know, there are drug stores, but not all, that pegged their medicine prices higher for the 20 percent,” she said. Ador Vincent Mayol and Aileen Garcia-Yap with Correspondent Carmel Loise Matus