DOJ: PWDS SHOULD BE PRIORITIZE REGARDLESS THE TRANSACTION

The Justice department said in a legal opinion that PWDs are entitled to express lanes or priority for all transactions (Photo courtesy of Philippine Star) 

The Department of Justice (DOJ) has stated that express lanes or priority for Persons with Disabilities (PWD) should be given in all kind of establishments, regardless of the transaction following an inquiry from the National Council on Disability Affairs (NCDA).

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.

Citing the IRR, in the lack of an express lane, priority should still be given to persons with disabilities. “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 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,” it added.

The request stemmed about a complain on the alleged non-implementation of express lanes during the ticket sale for a K-pop concert by an SM Business Service Center. Where the establishment implemented a first-come, first-served policy for all ticket buyers, including persons with disabilities.

“It has been argued that the express lane/priority is granted as a privilege and not as a right and 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. In this case, able-bodied individuals,” SM said.

This concern was reported to the Department of Social Welfare and Development (DSWD) and was endorsed to NCDA, then NCDA elevated the concern to the DOJ. Where the DOJ pointed to RA No. 10754’s IRR to guide the NCDA on the concern it raised.

Moreover, the Justice department  noted that it is only a legal opinion about the issue, which should serve as a reference for future legislation. 

Source: GMA Integrated News 

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