HONORING AND UPHOLDING THE SENIOR CITIZENS LAW (R.A. 9994)

OFFICIALS OF SOFITEL HOTEL IN HOT WATER FOR VIOLATION OF SENIOR CITIZENS LAW (R.A. 9994)
By: Teddy Cho and Ver M. Garcia

Atty. Romulo Macalintal

In a subpoena issued by Pasay City Assistant Prosecutor, Juliet Susan Garcia on May 22, 2014, Adam Laker and Mattheieu Chapuis, Gen. Manager and Asst. Manager of Sofitel Hotel were "required to appear before her sala on June 9 and 16, 2016 at 2p.m. then and there to testify under oath or answer clarificatory questions at the preliminary investigation to be conducted" in connection with the criminal complaint filed by Election Lawyer Romulo Macalintal for alleged violation of the Senior Citizens Law (R.A. 9994).

On Feb. 8, 2014, he and a friend dine at the Sofitel Le Bar Restaurant. While Sofitel gave him a 50 percent discount under his Accor membership, it did not apply Senior Citizens Discount. Macalintal demanded for his 20% discount as a senior citizen as provided under Section 4 of R.A. 9994 but, Sofitel management arbitrarily denied him of this discount on the ground that it was already "included" in the 50 percent discount under the Accor program.

In his complaint, Macalintal said that he is a member of Sofitel (Accor) Advantage where members for a fee of P8,800 a year, are entitled to certain discounts and privileges like 50 percent discount on the cost of food and drinks consumed. 

Macalintal told Sofitel that the "50 percent" discount is my entitlement by virtue of my contract with Accor while the 20 percent is my discount by virtue of R.A. 9994. Macalintal added that if my 20 percent discount is already considered in the 50 % Accor discount then it is very clear that I was given only 30 % discount and that Sofitel is the one enjoying my 20 % discount as a Senior Citizen.

According to Macalintal, that "the 50% discount under the Accor already includes the 20 % discount as a Senior Citizen Discount is a clear sign that he was shortchanged of the 50% benefits as an Accor member because, with the use of my 20% senior citizens discount only 30% was given to me by Accor".

Macalintal said that Laker and Chapuis are charged in their capacities as officials of Sofitel because under the Senior Citizens Law, if the offender is a corporation, the officials directly involved or in charged of management shall be liable. The law also provides for a penalty of 2 years to 6 years imprisonment AND a fine of P50,000 to P100,000 to violators of the rights of senior citizens.

This case against Sofitel may serve as a precedent because there are other hotels with the similar cases and other establishments not implementing R.A. 9994 by claiming that their prices are already "promo" or in sales promotion, are subject to abuse.

The Department of Trade and Industry should look into this problem and should remind establishments that unless their "promo" is approved by the DTI, the price of their commodities shall be considered as regular prices which should be the basis of the discounts for the senior citizens. (VerGarciaBlogs)