Senior Citizen Files Complaint Versus BF Homes Food Joint Over Refusal To Give Him Mandated 12% VAT Exemption (UPDATED: August 24, 2019)

20190818_081840.jpg
Prominently displayed along Aguirre Avenue inside BF Homes subdivision, Parañaque City is this sign emphasizing Philippine senior citizens’ entitlement to 20% discount and exemption from 12% value-added tax.

Are you a senior citizen whose benefit under the national law was denied by a local business? Are you aware of the benefits for senior citizens under Republic Act Number 9994 (Full title: An Act Granting Additional Benefits and Privileges to Senior Citizens, further amending Republic Act No. 7432, As Amended, Otherwise Known As “an Act To Maximize The Contribution Of Senior Citizens To Nation Building, Grant Benefits And Special Privileges And For Other Purposes. Short title: Expanded Senior Citizens Act of 2010) whenever you purchase food and/or beverage in a restaurant?

Why did I ask you these questions and mentioned RA 9994? It’s quite simple – a senior citizen in BF Homes, Parañaque City filed a formal complaint against a certain food joint which refused to grant him his exemption from the 12% Value-Added Tax (VAT) when he dined at the said joint.

Here is the story with details from documents I acquired.

On June 10, 2019, Jose Luis Matti and his daughter dined at a restaurant (clue: a burger joint whose business name will be revealed in due time) along Aguirre Avenue, BF Homes subdivision, Parañaque City. He ordered food and drinks and, under law, the discounts are limited only to food and drinks he ordered for his consumption as he is a senior citizen

The problem was that, according to Matti, the restaurant applied the 20% discount for senior citizens and yet denied him his mandated benefit of exemption from the VAT. In his June 17, 2019 letter addressed to restaurant’s owner, Matti said that the restaurant personnel he encountered on June 10 claimed they were instructed (by the owner) not to give him the 12% VAT exemption. Photocopies of the receipts were included on the said letter.

As a result, Matti filed a formal complaint against the restaurant at the Office of Senior Citizen Affairs of Parañaque City (OSCA-Parañaque) urging officer-in-charge Dante Pacheco to take action against the food joint (as per his July 12, 2019 letter to Pacheco received by the said office).

A hearing between Matti and the food joint’s owner will happen very soon at OSCA’s office at Parañaque City Hall.

I visited the restaurant along Aguirre Avenue inside BF Homes to try to meet the owner and get feedback directly from him but the personnel told me over the counter that their boss was out of town.

Understanding the legal aspect

It is stated under RA 9994 (Rule IV, Article 7) that senior citizens shall be entitled to the grant of twenty percent (20%) discount and to an exemption from the value-added tax (VAT), IF APPLICABLE, on the sale of the goods and services covered by Section 1 to 6 of this Article, from all establishments for the exclusive use and enjoyment or availment of senior citizens.

Section 3 (Rule IV, Article 7) includes restaurants, hotels, recreational centers, places of leisures and funeral services with regards to the above mentioned 20% discount and VAT exemption.

Item b (under Section 3, Rule IV, Article 7) focuses on restaurants. It states that the discount shall be for the purchase of food, drinks, dessert, and other consumable items served by the establishments offered for the consumption of the general public.

Item c states for Dine-in services under paragraphs (a) and (b) of Section 3, and Section 4, paragraph 2 of Article 7, the privilege must be personally availed of by the senior citizen as defined under these Rules, and no proxies or authorization in favor of another person who is not a senior citizen will be honored.

Item e states Food, drinks and other consumable items provided in Section 3 (a) and (b), and Section 4, paragraph 2 of Article 7 purchased by the senior citizen shall be processed separately as an independent transaction from his/her non-eligible companions to ensure that it is his/her exclusive consumption and to enable computation of the 20% discount and the exemption from the Value Added Tax (VAT), which only the senior citizen is entitled to.

However, if the group of diners is composed entirely of senior citizens, all of whom present valid senior citizens IDs, each shall be entitled to a 20% discount and exemption from Value Added Tax.

Conclusion

This is an ongoing community development and if any breakthroughs happen, an update will be posted.

+++++++++++

UPDATE!

The hearing between Mr. Matti and the restaurant at the Office of Senior Citizen Affairs of Parañaque City (OSCA-Parañaque) at City Hall scheduled for August 20, 2019 did not push through due to the absence of the restaurant owner.

As such, the hearing will have to be rescheduled.

The restaurant accused in this conflict is Big Brat Burger.