Senior Citizens Ordinance of 2012

July 23, 2012 Excerpt from the Minutes of the 86th Regular Session of the 7th City Council, Held on July 23, 2012 at the Session Hall. Approved on Third & Final Reading Sponsored by: Coun. Brenda Ragsac-Luna SANTIAGO CITY ORDINANCE NO. 7THCC-63 REQUIRING ALL PRIVATE AND GOVERNMENT HOSPITALS, HEALTH-RELATED FACILITIES, HEALTH CARE PROFESSIONALS, PHARMACIES AND OTHER RETAIL OUTLETS DISPENSING MEDICINES WITHIN THE TERRITORIAL JURISDICTION OF SANTIAGO CITY TO CONSPICUOUSLY POST A NOTICE STATING THAT THEY ARE GRANTING 20% DISCOUNT AND EXEMPTION FROM VALUE ADDED TAX (VAT) TO ALL SENIOR CITIZENS, APPROPRIATING FUNDS THEREOF AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF WHEREAS, Section 4, Article XV of the 1987 Constitution clearly provides that it is the duty of the family to take care of its elderly members while the State may design programs of social security for them; WHEREAS, Section 11, Article XIII of the said Constitution provides that the State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and children; WHEREAS, consonant with these constitutional principles, the national legislature enacted R.A. No. 7432 as amended by R.A. No. 9257 otherwise known as the " Expanded Senior Citizens Act of 2003 ", further amended by R.A. No. 9994 otherwise known as the " Expanded Senior Citizens Act of 2010 " which grants privileges for the senior citizens; WHEREAS, despite the clear provisions of R.A. No. 9994 particularly the grant of special discounts and privileges to senior citizens by private and government hospitals, health-related facilities, health care professionals, pharmacies and other retail outlets dispensing medicines within the territorial jurisdiction of Santiago City, still, there are establishments which are not compliant; WHEREAS, in light of the foregoing, there is now a need to require concerned establishments to conspicuously post a notice declaring that they are granting the discounts and privileges to senior citizens as provided by R.A. No. 9994. NOW THEREFORE, be it ordained as it is hereby ordained by the Sangguniang Panlungsod of Santiago City, by virtue of the powers vested in it by law, in session assembled, that: SECTION 1. Short Title . This ordinance shall be known as the "Senior Citizens Ordinance of 2012". SECTION 2. Coverage . This ordinance shall apply to all private and government hospitals, health-related facilities, health care professionals, pharmacies and other retail outlets dispensing medicines within the territorial jurisdiction of Santiago City. DETACa SECTION 3. Regulated Acts . All private and government hospitals, health-related facilities, health care professionals, pharmacies and other retail outlets dispensing medicines within the territorial jurisdiction of Santiago City shall conspicuously post a notice, at the cashier area or the like, stating that they are granting 20% discount and exemption from Value Added Tax (VAT) to all senior citizens, to wit: NOTICE TO SENIOR CITIZENS This establishment grants 20% discount and exemption from VAT to all Senior Citizens. Violation is subject to fine and imprisonment under Republic Act No. 9994, otherwise known as "The Expanded Senior Citizens Act of 2010". Non-posting/displaying of this Notice is subject to fine and imprisonment under City Ordinance No. _______________. Hotline: CSWD-682-7337 OSCA-682-5959 DPOS-682-7474 SECTION 4. Penalties . Any person who violates any provision of this ordinance shall suffer the following penalties: a) For the first violation, imprisonment of not less than one (1) month but not more than six (6) months and a fine of not less than Three Thousand Pesos (P3,000.00) but not exceeding Four Thousand Pesos (P4,000.00); b) For any subsequent violation, imprisonment of not less than six (6) months but not more than one (1) year and a fine of not less than Four Thousand Pesos (P4,000.00) but not exceeding Five Thousand Pesos (P5,000.00). If the offender is a corporation, partnership, organization or any similar entity, the officials thereof such as the president, general manager, managing partner or such other officer charged with the management of the business affairs shall be liable therefor. Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any person, establishment or business entity that fails to abide by the provisions of this ordinance. SECTION 5. Enforcement . The City Social Welfare and Development Office, the City Public Order and Safety Office (DPOS) and the Head of the Office of the Senior Citizens Affairs (OSCA) shall be primarily responsible in enforcing the provisions of this ordinance. SECTION 6. Appropriations . The necessary appropriations for the production of the "Notice" shall be appropriated and approved by the Sangguniang Panlungsod. SECTION 7. Repealing Clause . All ordinances, rules and regulations, or parts thereof, whose provisions are in conflict with, or contrary to the provisions of this Ordinance are hereby repealed, amended and modified accordingly. SECTION 8. Effectivity . This Ordinance shall take effect upon its compliance with the requirements of the law on posting and publication. ENACTED. July 23, 2012. CERTIFIED TRUE AND CORRECT: (SGD.) ALVIN N. ABAYA City Vice Mayor & Presiding Officer ATTESTED: (SGD.) WILFREDO M. BALTAR Secretary to the Sanggunian APPROVED: (SGD.) AMELITA S. NAVARRO City Mayor THIS IS TO CERTIFY that the above Ordinance was published in the Valley Journal in its July 22-28, 2012 issue. (SGD.) WILFREDO M. BALTAR Secretary to the Sanggunian