Dear PAO,

I am 75 years old and have been traveling since I retired, mostly within the country. In booking my past flights, I have always been able to avail of a senior discount. A few weeks ago, I tried to book my first international flight via a local airline’s mobile application. I plan to go to Hong Kong to visit my grandchildren who are all living there with their OFW parents. I got confused because in the breakdown, there was no deduction for senior discount. Is it because I was booking through a mobile application and they could not see me personally? I live in the province and although I am planning to go to the ticketing office personally, I wanted to ask for your legal advice first if the discount is not applicable if booking is made via mobile application. I do not want to waste time and money traveling from our small town just to go to the city where the ticketing office is located. Please advise.

Manny

Dear Manny,

Part of the priorities and benefits given to senior citizens are the 20-percent discount and exemption from value-added tax. However, it must be emphasized that such benefit does not encompass all types of goods and services. Explicitly, Section 4 (a) of Republic Act (RA) 7432, as amended by RA 9994, otherwise known as the Expanded Senior Citizens Act of 2010, enumerates the types of goods and services which may be discounted in favor of senior citizens. Insofar as air transport services, the 20-percent discount, as well as the value-added tax exemption, only applies to domestic air transport services. International air transport services, regrettably, are not included. The law states:

“SEC. 4. Privileges for the Senior Citizens. –

“The senior citizens shall be entitled to the following:

“(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if applicable, on the sale of the following goods and services from all establishments, for the exclusive use and enjoyment or availment of the senior citizen: x x x

“(6) in actual transportation fare for domestic air transport services and sea shipping vessels and the like, based on the actual fare and advanced booking;

x x x” (Emphasis and underlining supplied)

Accordingly, the senior citizens discount is not applicable in your most recent intended booking because you were trying to book an international flight going to Hong Kong, and not a domestic flight.

It bears emphasis, though, that if you were booking a domestic flight at a regular or nonpromotional rates, you will be able to avail the 20-percent discount regardless of whether you were booking the same via the airline’s mobile application or personally through the ticketing office. The same privilege applies to persons with disability. This is in line with the provisions of Resolution No. 41 (BM04A-07-13-2017) of the Civil Aeronautics Board adopted on 13 July 2017 which states:

“I. GENERAL PROVISION x x x

“NOW, THEREFORE, the Board RESOLVED, as it hereby RESOLVES, to approve and adopt the following Guidelines in the implementation of the grant of at least twenty percent (20%) discount based on the actual fare and advance booking, in accordance with the aforementioned laws, for domestic air travel in online transactions: x x x

“III. APPLICABILITY

“These Guidelines shall be applicable in all domestic flights booked via the airline’s website or mobile application, through the use of internet or by any other means of purchase, by Senior Citizens and Persons with Disability, or their authorized representative, for the exclusive use of such Senior Citizen and Person with Disability.

“These Guidelines shall not be applicable to tickets claimed by virtue of sales promotions or techniques which contain promises of gain, such as prizes, as rewards for the purchase of a product, or winning a contest, game, and other similar competitions which involve determination of winners.”

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]