In the fairly recent case of Southern Luzon Drug Corporation vs. DSWD et. al. (G.R. No. 199669, 25 April 2017), the Supreme Court had the opportunity to examine the constitutionality of R.A. No. 9257, aka “Expanded Senior Citizens Act of 2003”, and R.A. No. 9442, which law amends the “Magna Carta for Disabled Persons”.
It started when the petitioner corporation challenged the 20% discount granted to senior citizens and PWDs when buying medicines; the company alleged that because of the said laws, it experienced business losses, which were backed-up by financial statements.
Challenging its constitutionality, Southern Drug pointed out three flaws, that is, a) the government using its power of eminent domain, should have justly compensated the instant corporation, having the tenor that tax deduction is not enough compensation; b) violation of equal protection, since senior citizens and PWDs do not fall as “substantial distinctions”; c) vagueness of the law since “PWDs” & “disability” per se were not sufficiently defined by the law.
The Honorable Court sustained the constitutionality of the instant laws (hooray for the lolos and lolas and PWDs!!!). The Supreme Court corrected Southern Drug by stating that the said discount given to senior citizens and PWDs is not under the power of eminent domain, but it is under the police power of the state; the latter power, as explained by the court, is limitless in nature, and the use of such power was shown to have no detrimental effects against the company. If there were business losses suffered, it is because of the failure of the company to adjust their prices with the said discount (the court even provided examples on how Southern Drug can earn despite of the discount).
Also, according to the Supreme Court, there is no violation of equal protection since, in a nutshell, the elderly and PWDs are given preferential treatment in the 1987 Philippine Constitution. And lastly, the court also ruled that PWD and “disability” were clearly and sufficiently defined in the said laws.
So congratulations to our seniors and PWDs!
Verbum Domini Manet in Aeternum 