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WHEN buying necessities like groceries, Persons with Disabilities (PWDs) are always given priority in lanes.
But when they were in line for concert tickets, would they still be granted the same privilege? The Department of Justice (DOJ) said yes.
This is what the DOJ clarified in its legal opinion in response to the request of the National Council on Disability Affairs (NCDA), which endorsed a letter from an individual who raised a concern about the alleged absence of express lanes during the ticket selling for a K-pop concert in a mall.
Signed by Undersecretary Raul Vasquez, the DOJ’s legal opinion mentioned Section 10 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 10754 or Act Expanding the Benefits and Privileges of Persons with Disabilities, highlighting that there should be express lanes for PWDs in all commercial and government establishments.
But in the absence of priority lanes, the Justice Department stressed that priority should still be given to PWDs in all establishment transactions.
“The use of the word ‘all’ implies that the law does not intend to distinguish between establishments or transactions involving items that are accessible to everyone and items which are of limited quantity,” the DOJ explained.
While it emphasized the PWDs’ benefits and privileges, the DOJ said its legal opinion was only issued for the NCDA’s information and guidance.
The NCDA raised the individual’s concern on March 12.
The mall operator addressed this on March 18, saying that the individual chose to queue at a physical outlet since she might have a better chance of securing a ticket through the express lane for PWDs.
However, the mall said it implemented a “first come, first served” policy to ensure that tickets will be sold “fairly” and customers, who endured long hours of queuing, will be treated “equally.”
It was noted that the individual could have opted to buy concert tickets online or asked someone to buy one on her behalf.
The mall also argued that express lanes are “granted as a privilege and not as a right.”
Such a privilege, it stressed, “may not be exercised at the expense of the rights of other individuals as it is not consistent with the equal protection clause giving undue favor or privilege that will result to an inequality of treatment for certain individuals.”
Meanwhile, NCDA Executive Director Glenda Relova said that the agency shares the “same” opinion with the Justice Department, stressing that Section 10 of RA No. 10754’s IRR is clear.
“Malinaw na malinaw naman po doon sa batas na naka-express na provision of special lane in all transactions. Or kung wala naman pong express lane, prioritization should be given,” Relova told Radyo 630.
“Hindi na po natin dapat i-interpret yung batas eh kasi malinaw po itong nakasulat,” she added.
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