THE Department of Justice said provision of express lanes for persons with disabilities (PWDs) under Republic Act 10754, or the Act Expanding the Benefits and Privileges of PWDs, covers all establishments and all kinds of transactions, even ticket selling for K-Pop concerts.
“It is clear from Section 10 of the Implementing Rules and Regulations of RA No, 10754 that the express lanes or priority for PWDs shall be provided in all commercial and government establishments. In the absence thereof, priority shall be given to them in all the transactions of the establishments,” said a seven-page legal opinion dated September 19 and signed by Undersecretary Raul Vasquez.
“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 the establishments or transactions involving items that are accessible to everyone and items which are of limited quantity,” the DOJ further said.
The department issued the legal opinion in response to the query of Glenda Relova, executive director of the National Council of Disability Affairs (NCDA), in connection with the implementation of express lanes or priority for PWDs pursuant to Section 10 of RA 10754, which amended Section 32 of RA 7277 or the Magna Carta for Disabled Persons.
Section 32 of R.A. 7277 mandates the “provision of express lanes for PWDs in all commercial and government establishments, in the absence thereof, priority shall be given to them” while Section 10 of RA 10754 states that “Express lanes for persons with disability shall be provided in all commercial and government establishments. In the absence thereof, priority shall be given to them in all the transactions of the establishments.”
The request for the DOJ’s legal opinion stemmed from the letter of one Jan Danica Modequillo to the Department of Social Welfare and Development, which was then endorsed by the latter to the NCDA.
Modequillo complained about the alleged non-implementation of express lanes during the selling of tickets for a K-Pop concert by Servicion, SM’s Business Service Center in SM San Lazaro, Manila.
Upon receiving the complaint, the NCDA informed SM Supermalls’ management on March 12, 2024. Four days later, SM Supermalls replied that Modequillo’s concern pertains to the general ticket selling being conducted nationwide for a K-Pop concert.
Modequillo, according to the mall’s management, opted to buy the ticket at the physical Ticketnet outlet to be able to use the PWD express lane.
But SM Supermalls implemented the “first come, first served policy” for all ticket buyers, including PWDs. It argued that the express or priority lane is granted as a privilege, and not as a right.
This prompted the NCDA to seek legal guidance from the DOJ.
