Lawyer hits ‘promos’ that skirt senior, PWD discount
Lawyer Romulo Macalintal (File photo)
MANILA, Philippines — The government should go after restaurants with “fake promos,” and remind them that seniors and persons with disability (PWDs) are still entitled to discounts and tax exemption against unauthorized promos, seniors’ rights advocate Atty. Romulo Macalintal said on Friday.
Macalintal’s point was made after a viral social media post from Restaurant Owners of the Philippines (Resto PH) recently raised concerns on alleged fake PWD cards.
“While these are valid concerns of restaurant owners, there are valid concerns raised by PWDs and Senior Citizens (SCs) about the proliferation of fake promos conducted by certain restaurant owners and even hotels in order to avoid giving [them] their 20 percent discount and 12 percent VAT exemption for the purchase of goods and services in their establishments,” Macalintal said in a statement.
Citing Article 116 of Republic Act 7394 or the Consumer Act of the Philippines, establishments are required to secure a permit from the Department of Trade and Industry (DTI) before conducting any sales promotion campaign, commonly known as “promo.”
Macalintal, however, pointed out that some restaurants and hotels conduct promos without any permit from the DTI or any concerned government agencies—even using it as a basis to deny PWDs and seniors of their discounts, claiming that its “promo price” is already discounted.
Article continues after this advertisement“If the restaurant owners are asking our government to implement stricter regulations against the use of fake PWD cards, then it is also necessary to strictly enforce Article 116 of RA 7384 against establishments conducting promos without approval from the DTI,” said Macalintal.
Article continues after this advertisementHence, Macalintal said the DTI should remind establishments that if their promos are not authorized, their “promo price” would be treated as regular price with PWDs and seniors remaining entitled to their discount and VAT exemption.
Meanwhile, Macalintal also told Resto PH that the alleged financial losses they suffered from “fake” PWDs could be assuaged under Section 8(d) of RA 10754, which provides that “the establishments may claim the discounts granted (to PWDs) as tax deductions based on the net cost of the goods sold or services rendered.”
