‘Senior discount covers funerals, burials’ READ MORE:
In a decision, the SC ruled that the mandatory discount is provided for under Republic Act No. 7432, the Senior Citizens Act of 1992, as amended by RA Nos. 9257 and 9994, which expanded the coverage of the discount.
The Court decision granted the petition filed by the Office of theSolicitor General and the Department of Social Welfare and Development .The petition challenged the 2018 ruling of the Cagayan de Oro City Regional Trial Court , which excluded funeral and burial services from the coverage of the senior citizens’ discount.
The RTC ruled that the IRR of RA 9994 only mentioned the services of purchase of a casket or urn, embalming, hospital morgue, and transport of the body to the intended burial site. “A law cannot be amended by a mere regulation, and the administrative agency issuing the regulation may not enlarge, alter, or restrict the provisions of the law it administers,” the SC said.
The Court added that as pointed out by Justice Amy C. Lazaro-Javier in her concurring opinion, it would be unreasonable to infer that Congress intended to differentiate between the deceased’s final solace for the purpose of granting the 20% discount absent a clear legislative intent to the contrary.
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