Mabalacat Association of Persons with Disability

Mercury Drug Corporation, one of the largest drugstore chains in the country, has agreed to honor the 20-percent discount for persons with disabilities (PWDs) in compliance with Republic Act 9442, or the amended Magna Carta for PWDs of 2006.

The drugstore chain signed a Memorandum of Agreement with Akbayan Citizens’ Action Party and the House of Representatives committee on social services pledging to honor the discount.

The MOA was signed on Tuesday afternoon by Mercury Drug President Vivian Que-Azcona, AKBAYAN party-list Rep. Walden Bello, and House committee on social services chair Arturo Robes.

Bello said based on consultation with various PWDs, Mercury Drug was a “violator” of the discount on medicines for the consumption of PWDs that Republic Act 9442 required.

In a statement, Mercury Drug claimed it did not implement the 20-percent discount after its experience with RA 7432 or the Senior Citizens Act of 1992. It said it immediately implemented RA 7432 even without the implementing rules and regulations, “believing in the just and fairness of the law and in the propriety of the elderly.”

“However, the anticipated fairness of the law was saddened by the issuance by the Bureau of Internal Revenue of Revenue Regulation No. 2 series of 1994, by treating the grant of the 20% discount as tax deduction instead of tax credit; and the expected propriety of the elderly was frustrated by the abuses made by unscrupulous persons,” said lawyer Edsel Manuel, who represents the drugstore chain, at a press conference Tuesday.

“With the limited space to move and limited air to breathe, certainly, gradual death by suffocation will happen to drugstores,” said Manuel, citing reduction in sales, profit, and drain in the company’s cash flow, as well as RA 9502 or the Cheaper Medicine Law of 2008.

The MOA allows Mercury Drug to set up the appropriate system that would facilitate the provision of the 20-percent discount on all medicine and medical supply purchases by PWDs within a month’s time. The drugstore will also provide the House committee on social services with bi-monthly reports regarding their compliance with law.

Mercury Drug’s concession came after four hearings in connection with Akbayan’s House Resolution 221, which was filed August last year and called for an investigation into different drugstores’ refusal to provide PWDs the discount mandated by law.

However, Mercury Drug appealed to the government and to PWDs to allow a six-month moratorium to prepare before fully implementing the law.

According to the drugstore, preparation includes POS system modification in accordance with BIR regulations, employment of additional personnel in all branches nationwide who would cater to the needs of PWDs, coordination with the Health department in the verification of PWD IDs, store signs and employees’ training and orientation.

The drugstore also asked for serious consideration of several amendments to RA 9442, including granting the discount as tax credit, and burden sharing among manufacturers, suppliers and retailers on the 20 percent discount. It also said only deserving and indigent PWDs should be given discounts, and that medicines subject to discount should be related to the disability supported by the prescription.

“Drugstores are already over-burdened by discounts and price regulations, which endangers its survival,” said Manuel as he suggested that all future legislations granting discounts on medicines consider all of the aforementioned parameters.

Several representatives from the PWD sector saw the MOA as cause for celebration.

“Ito po ay araw ng tagumpay para sa Mercury Drug kasi finally na-realize nila na dapat silang sumunod sa batas at sila ay kaibigan na rin ng mga may kapansanan. Ito rin ay tagumpay ng Kongreso na siyang gumagawa ng batas, dahil finally ang kanilang ginawang batas ay ipapatupad. Ito rin ay tagumpay sektaryang may kapansanan dahil finally natuto na rin ang gobyerno na ipatupad ang aming batas,” said Lauro Purcil of Alyansa ng May-Kapansanang Pinoy, Inc. (AKAP Pinoy).

(This is a success of Mercury Drug, because they finally realized that they should follow the law and be a friend to PWDs. It is also a success of Congress, because it came out with the law. It is also a success of the PWD sector, because finally the government learned to implement a law that would benefit them.)

“Ang decision ng Mercury Drug ay isang malaking tulong para sa pamilyang tulad namin na may anak na may autism (Mercury Drug’s decision will be a big help for us parents of children with autism),” said Mary Grace Adviento of the Autism Society Philippines (ASP).

While the MOA is a welcome development, several representatives of the PWD sector expressed reservations about the agreement, particularly on the six-month moratorium requested by Mercury Drug.

“I think six months is too long,” said AKAP Pinoy chairman Noli Agcaoili.

He said there is no need to amend RA 9442 as it is a “valid” law. “The problem is in the implementation.”

On the other hand, Carmen Zubiaga of Women with Disabilities Leap Social and Economic Progress Inc. (WOWLEAP) sympathized with Mercury Drug and promised support for the amendment.

New Vois Association of the Philippines Inc. president Emer Rojas, meanwhile, said six months is an acceptable waiting period. “Technically as an engineer I know it’s not that possible to change the system within one month.” - KBK, GMA News

To all Filipino Persons with Disabilities (PWD), here is another good news! The Department of Trade and Industry (DTI) has approved the special five percent (5%) discounts of the regular retail price on all basic necessities and prime commodities.

Following the Republic Act 9442 otherwise known as Amended Magna Carta for Disabled Persons, the DTI together with the Department of Agriculture (DA) issued a joint Administrative Order 2, Issue 2008 granting special discounts to all PWDs.

As defined on the order, “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 may be classified by both the DTI and DA.

The discounts can be availed on any retail stores including supermarkets, groceries, convenience stores and sari-sari stores. In order to receive this discount, a PWD must present his/her:

1. PWD ID issued by their local governments;
2. Purchase Booklet (also issued by the local governments)

To know more about these privileges, kindly download the Administrative Order in PDF format here.

Those living with a person with disability knows for sure how expensive it is to cater to this kind of lifestyle especially with the other expenses they have to incur like medication, treatment, therapy, care taker and other special needs.

Good thing the Republic Act (RA) 9442 which amended RA 7277 known as the Magna Carta for Disabled Person took in effect some privileges to ease out on some major expenses. The law was signed last April 30 by President Arroyo.

RA 9442 provides twenty (20) percent discount to persons with disability: (Sorry this law is for Philippine residents and citizens only)

1) from all establishments relative to utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers.

2) (a minimum of 20 percent discount) on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement.

3) for the purchase of medicines in all drugstores

4) on medical and dental services including diagnostic and laboratory fees such as, but not limited to x-rays, computerized tomography scans and blood test in all government facilities, subject to the guidelines to be issued by the Department of Health (DOH) in coordination with the Philippine Health Insurance Corporation (PHILHEALTH).

5) on medical and dental services INCLUDING diagnostic and laboratory fees, AND professional fees of attending doctors in ALL PRIVATE hospitals and medical fascilities, in accordance with the rules and regulations to be issued by DOH in coordination with the PHILHEALTH.

6) on fare for domestic air and sea travel.

7) in public railways, skyways, and bus fare.

How to get the ID card.

File your application form together with the following valid identification:

1) Residence certificate or barangay ID from the municipal mayor or barangay captain of the place where the person with disability resides.
2) The passport of the person with disability concerned or
3) The transportation fare discount ID issued by the National Council for Disability Affairs (NCDA).

You (the person with disability) will need a 2 copy 1×1 picture.

Type of disability

Disabled persons was defined in the said law as those suffering from restriction or different abilities as a result of a mental, physical or sensory impairment to perform an activity in the manner or within the range considered normal for a human being. Impairment is any loss, diminution or aberration of psychological, physiological, or anatomical structure or function.

In their application form the type of disability can be either:

1) psychological disability
2) mental disability
3) hearing disability
4) chronic illness
5) visual disability
6) speech impairment
6) learning disability
7) orthopedic (musculoskeletal) disability
multiple disability.

You may get the above application form (Philippine Registry Form For Persons With Disability) from your local municipal offices, barangay offices or to your local DOH offices.

Do not waste a single moment, go visit your local municipal office or barangay offices and get a disability ID card to enjoy the said benefits.

You should not worry about being ridiculed and mocked for identifying yourself or a family member as a person with disability as the amended law also prohibits verbal or non-verbal ridicule and vilification against persons with disability.(I wish the U.S. government have this kind of law inact so that mother with a child with autism who was literally carried off the plain will be meted with this penalties).

Those who will violate any provision of this act shall suffer;

1) First offense: a fine not less than P50,000 but not exceeding P100,000 or imprisonment of not less than six months but not more than two years or both at the discretion of the court.

2) For subsequent violation, a fine not less than P100,000 but not exceeding P200,000 or imprisonment of not less than 2 years but not more than 6 years or both at the discretion of the court.

Do not abuse the system though as those who will will be imprisoned for not less than 6 months or a fine not less than P5,000 but not more than P50,000 or both at the discretion of court.

If the violator is a corporation, organization or a similar entity, the officials directly involved shall be held liable.

If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.