Following an inquiry by the National Council on Disability Affairs, the Department of Justice (DOJ) recommended that express lanes or priority for Persons with Disabilities (PWD) be offered in all commercial and government enterprises.
The DOJ’s legal opinion, dated September 19, 2024, and signed by Undersecretary Raul Vasquez, highlighted that the Implementing Rules and Regulations of Republic Act No. 10754 or An Act Expanding the Benefits and Privileges of Persons with Disabilities stated that express lanes ought to be available in all establishments throughout the country.
The DOJ highlighted that in the absence of an express lane, PWDs must be given priority in all transactions at the facility.
“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,” according to Vasquez in the legal opinion.
The Department of Justice issued its legal opinion in response to a request from Glenda Relova, Executive Director of the National Council on Disability Affairs.
On March 12, 2024, the NCDA expressed concern about Jan Danica Modequillo to SM Supermalls.
Modequillo claimed that “Servicio,” SM’s Business Service Center in SM San Lazaro, Manila, failed to implement an express lane for those with disabilities during the sale of tickets to a K-pop performance.
SM Supermalls responded to the NCDA and argued in the legal opinion that Modequillo could have purchased online and received the 20% PWD discount.
SM Supermalls noted that Modequillo chose to buy the ticket in person because she might have a greater chance of obtaining limited tickets before normal consumers if she used the expedited lane or priority.
“Moreover, it has been argued that the express lane/priority is granted as a privilege, not a right, and may not be exercised at the expense of the rights of other individuals, as it is inconsistent with the equal protection clause, giving undue favor or privilege that will result in unequal treatment for certain individuals. “In this case, able-bodied people,” SM stated.
The DOJ, on the other hand, stated that the agency typically provides legal advice or opinions on specific legal issues that arise as a result of the exercise of agency heads’ authority and tasks.
The Justice Department informed the NCDA that the legal opinion is “for your information and guidance only.”