Proposed Ordiance On Mandatory 20% Discount - Final Draft.docx

REPUBLIKA NG PILIPINAS SANGGUNIANG PANLUNGSOD LUNGSOD NG _____

CITY ORDINANCE NO. _______. ss. 2018 AN ORDINANCE REQUIRING PUBLIC AND PRIVATE ESTABLISHMENTS TO PROVIDE MANDATORY 20% DISCOUNT FOR SENIOR CITIZEN AND PERSONS WITH DIABILITY AND IMPOSIMNG FINES AND PENALTIES FOR VIOLATION THEREOF ___________________________ Sponsored by:

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WHEREAS, Section 1, Article XIIII of the 1987 Philippine Constitution gives highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. WHEREAS, the Philippines Congress passed Republic Act No. 9442 amending Republic Act no 7277 also known as the “Magna Carta of Disabled Persons”, which thus recognizes the rights of disabled persons and provides them with entitlements and benefits. WHEREAS, it is a primordial concern of the City of ______ to look after the welfare of the elderly and persons with disability within its territorial jurisdiction and to guarantee their recognition and respect in the society. WHEREAS, there is a need to strengthen the implementation of pertinent national and local laws that provide mandatory discount for senior citizens and persons with disability. NOW, THEREFORE, BE IT ORDAINED and hereby ordained by the Sangguniang Panglungsod of the City of ______ assembled in session for the purpose of:

Section 1. All public and private establishments and service providers within Ilican City such as but not limited to those offering goods and services for public accommodations, public transportation, food services and medical and dental services are required to provide mandatory 20% discount in every transaction, utilization and purchase of senior citizens and persons with disability. Section 2. All public and private establishments and service providers are also required to post a signage or issue any information, education and communication materials indicating that their establishment provides discount for senior citizens and persons with disability. Section 3. Definition of Terms. 3.1 Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60) years old; 3.2 Persons with disability are the people who are "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; 3.3 Public transport groups are those serving the public transport needs of the commuting public. These include but not limited to tricycle, jeepney, bus, taxi, boats and other registered and franchised transport vehicle; 3.4 Public accommodation establishments are those that offer but not limited to general and specific goods and services to the public such as hotels and restaurants, cinemas, department stores, recreational facilities, beauty shops and well being centers; 3.5 Medical services refer to hospital services, professional services of physicians and other health care professionals and diagnostics and laboratory tests that the necessary for the diagnosis or treatment of an illness or injury; 3.6 Dental services to oral examination, cleaning, permanent and temporary filling, extractions and gum treatments, restoration, replacement or repositioning of teeth, that are necessary for the diagnosis or treatment of an illness or injury; Section 4. The abovementioned privileges shall be available only to the Senior Citizens and Persons with disability upon presentation of valid identification card (IDs) as a proof of their entitlements. Section 5. Monitoring and Reporting

5.1 A complaint desk shall be created under the City Social Welfare and Development Office to ensure monitoring of the implementation of this ordinance and to provide the senior citizens and persons with disability a venue to file complaint for violation thereof. 5.2 The complaint desk shall conduct investigation on the said complaint and shall submit to City Legal Office within 15 days upon the receipt of the formal complaint the possible imposition of penalties as defined under this Ordinance. Section 6. Penalty Clause 6.1 Any establishment, service provider or operator who is found liable for violating this ordinance shall suffer the following penalties: a. First Offense – a fine of 5,000 pesos and a one day suspension of its operations; b. Second Offense – a fine of 10,000 pesos and one week suspension of its operations; c. Third and last Offense – a fine of 50,000 pesos and revocation of its business permit. Section 7. All ordinances, rules and regulations or part thereof, whose provision are in conflict with, or in contrary to this ordinance are hereby repealed, amended, and modified accordingly. Section 8. Separability Clause. If for any reasons that this Ordinance is found unconstitutional or invalid, other parts of provisions hereof which are not affected thereby shall continue in full force and effect. Section 9. Effectivity. This Ordinance shall take effect in accordance to the Section 59 and 511 of RA 7160 or otherwise known as the Local Government Code of 1991. ENACTED on this _______day of _______________, year of our Lord, ______________ with the members of the Sangguniang Panglusngod affixing their signatures below: Members of Sangguniang Pnglungsod

Approved by: Municipal/ City Mayor