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The opinion stems from a complaint raised by a person with disability who was denied the use of an express lane when she bought tickets for a K-pop concert
MANILA, Philippines – Persons with disabilities (PWDs) are entitled to express lanes or priority for all transactions and not just necessities, the Department of Justice (DOJ) said in a legal opinion.
In the opinion, signed by Justice Undersecretary Raul Vasquez, the DOJ said that Section 10 of the implementing rules and regulations (IRR) of Republic Act No. 10754, or the law expanding PWDs’ benefits and privileges, provides that express lanes must be provided in all commercial and government establishments.
In the lack of an express lane, priority should still be given to persons with disabilities, the DOJ said, citing the IRR.
“It likewise bears stressing that the legislature used the word ‘all’ without any exception or qualification. The word ‘all’ connotes ‘comprehensiveness’ and means ‘the whole collectively considered; the complete totality’,” the DOJ said.
“The use of the word ‘all’ implies that the law does not intend to distinguish between the establishments or transactions involving items that are accessible to everyone and items which are of limited quantity,” the department added.
The DOJ issued the legal opinion as a response to a letter from the National Council of Disability Affairs (NCDA), which inquired about the implementation of express lanes for persons with disabilities.
A certain Jan Danica Modequillo wrote to the Department of Social Welfare and Development (DSWD), complaining about the alleged non-implementation of express lanes during the ticket sale for a K-pop concert by an SM Business Service Center.
Modequillo opted to line up at the physical Ticketnet outlet to be able to avail of the express lane for persons with disabilities, and have a better chance of securing tickets rather than purchasing one online.
To Modequillo’s dismay, the establishment implemented a first-come, first-served policy for all ticket buyers, including persons with disabilities.
The DSWD endorsed the complaint to the NCDA, which brought Modequillo’s concern up with SM Supermalls on March 12. SM responded on March 18.
SM’s legal counsel argued that the express lane and priority is granted as a privilege and not a right, and may not be exercised at the expense of others’ rights, in line with constitutionally guaranteed equal protection.
The NCDA then elevated the concern to the DOJ. Particularly, the NCDA asked for the DOJ’s legal position on whether an express lane or priority applies only when buying necessities and not for leisure, as well as whether commercial establishments may opt not to implement these for transactions involving items of limited quantity.
While the DOJ said that the justice secretary only gives legal opinion and advice for national government functionaries, the DOJ pointed to RA No. 10754’s IRR to guide the NCDA on the concern it raised. – Rappler.com
