EXPLAINER: Can food spots limit seniors and PWDs to only one food and one drink per visit?
Discussions on whether senior citizens, persons with disabilities (PWD), and other government discounts can be limited to only one drink and one food item per visit permeated social media following an advisory made by Starbucks Philippines.
The issue started when a social media user shared a picture of the coffee chain's new rule on the use of such discounts on X.
"Starting January 15, 2024, food and beverage purchases with Senior Citizen, Person with Disability, and other government discounts shall be limited to one food item and one beverage only per visit. We appreciate your understanding," the advisory read.
It has since become a hot topic among Internet users, with many regarding the move as "unacceptable" and tagging the Department of Trade and Industry (DTI) in their posts.
"This is unacceptable, and frankly, prejudiced towards senior citizens, persons with disabilities, and other individuals who are legally entitled to discounts on their purchases," one user commented.
Another one, meanwhile, thinks the cafe has a "good reason" for doing it as the privilege "is very much abused." Echoing what they said, an X user pointed out how some use their discount IDs in different transactions for different orders in one visit just so they could get them at lower prices.
What does the law say about senior citizen and PWD discounts?
In a chat with PhilSTAR L!fe, DTI Assistant Secretary Amanda Nograles made clear whether businesses have the freedom to impose limitations on discounts for senior citizens and PWDs.
"To clarify, the law does not limit one food item and one drink. It only says for personal and exclusive consumption of the senior citizen or PWD. This cannot be limited by any establishment as long as the senior citizen or PWD is going to consume the food and drinks," she said.
Atty. Carlo John Pascual, who specializes in contentious matters like consumer rights, cited Republic Act (RA) No. 10754, which is also known as the Act Expanding the Benefits and Privileges of Persons with Disability, in relation to the issue.
Echoing what Nograles said, the measure states that there is no limitation for the purchase as long as these items are personally consumed by a qualified PWD.
"This shall apply to the purchase of food, drinks, beverages, desserts, and other consumable items served by the establishments including value meals and other similar food counters, fast food, cooked food and short orders including takeouts," a section from the law read.
RA No. 9994, also known as the Expanded Senior Citizens Act Of 2010, also provides a similar regulation under Section 3, which states: "the phrase 'exclusive use and enjoyment' of the senior citizen shall mean 'for the senior citizen's personal consumption' only."
"As such, the 20% senior citizen discount shall not apply to 'children's meals,' which are primarily prepared and intentionally marketed for children," it added.
Pascual explained that both laws aim to protect the businesses in case of abuse in availing discounts, where customers purchase commodities that are not for their own benefit.
"Ang requirement lang naman kasi ng batas, 'personal consumption' nung entitled sa privileges," he said.
He continued, "So, kunwari, isang PWD or senior, kakain mag-isa sa restaurant, you cannot dictate firsthand na ito lang pwede mong orderin kasi what if malakas lang din talaga siyang kumain?"
According to Pascual, establishments have their own mechanisms on how they can safeguard themselves from abusive customers. However, this can be "really hard to monitor."
"What some concerned establishments do is require the senior citizen or PWD to personally avail it, meaning prohibit na 'yung kasama ni senior citizen or PWD ang magpe-present ng IDs," he said.
"[They also] ask straightforward kung anong food, drink, or consumable items ang para sa senior citizen or PWD talaga," he added. "I think that's the most prudent thing to do."
L!fe has reached out to Starbucks Philippines for comment, but has yet to receive a reply.