Dear PAO,

The other day, my father, who is already a senior citizen, tried to purchase his medicines at a pharmacy. However, the pharmacist refused to apply the 20-percent senior citizen discount on medicines because of his alleged failure to present his Purchase Slip Booklet. I went back to the said drugstore and brought with me my father’s Purchase Slip Booklet, his Senior Citizen Identification card (ID), and a copy of a prescription from his physician. Unfortunately, the drugstore still refused to grant the discount ― only this time, it was due to the lack of a written authorization from my father, allowing me to purchase the medicines on his behalf. I tried my luck at another drugstore, and was able to avail of the senior discount even without the written authorization. I am determined to take action but I wanted to ascertain first if I have the grounds therefor. Please enlighten me. Thank you.

Dean

Dear Dean,

The grant of 20-percent discount on purchase of medicines, among others, for the exclusive use or enjoyment of senior citizens in all establishments under Republic Act (RA) 9994, otherwise known as the Expanded Senior Citizens Act of 2010, as amended, hinges its constitutionality on Section 4, Article XV of the 1987 Constitution, which states that “[t]he family has the duty to care for its elderly members but the State may also do so through just programs of social security.”

The mechanisms established, measures adopted, as well as the benefits and privileges distinctly provided thereunder reflect the State’s recognition of the elderly as significant members of the society. After all, “[e]lderly people enjoy a revered status in our society, and we teach our children to treat them with utmost respect. The respect we accord to the elderly is reflected in the Constitution, which compels families and the State to care for their elderly members.” (Roberto A. Estoconing v. People of the Philippines, G.R. No. 231298, 07 October 2020, Ponente: Senior Associate Justice Marvic Mario Victor F. Leonen)

“In order to avail of the benefits and privileges under RA 9994, the senior citizen, or his representative may submit as proof of his/her entitlement thereto any of the following: (1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior citizen resides: Provided, That the identification card issued by the particular OSCA shall be honored nationwide; (2) the passport of the senior citizen concerned; and (3) other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of age as further provided in the implementing rules and regulations.” (Section 4, RA 9994)

Department of Health (DOH) Administrative Order 177, s. 2004 dated Nov. 12, 2004 laid down the additional conditions for entitlement to senior citizen discount on medicines, including, but not limited to, the presentation of the Purchase Booklet issued by the Office of the Senior Citizens Affairs (OSCA) on purchases made by the senior citizen him/herself, and the presentation of an authorization letter and ID of the senior citizen, for purchases made by a representative.

In order to realign the guidelines on the implementation of the senior citizen discount with the law from which the grant emanated, the DOH, through Administrative Order 2024-0017 dated Dec. 23, 2024, has effectively removed the presentation of Purchase Booklet as a requirement to avail of the subject discount. This means that in order to avail of the discount, senior citizens only need to present any of the identification documents specified in Section 4 of RA 9994.

In the case of your father, in order to be granted the 20-percent senior citizen discount on his prescription medications, he is only required to present any of the identification documents specified in Section 4 of RA 9994. However, if you purchase the medicines on his behalf, you need to present his ID, together with a written authorization from him, as the requirement therefor had not been amended.

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]