PWDs cry foul; hit drugstores

What could have been a good opportunity to ventilate legitimate concerns and clear things once and for all, turned out to be a major lambaste on a leading drugstore in the country.


In a forum hosted by the National Council on Disability Affairs (NCDA), Mercury Drug Corporation (MDC) and other drugstores got the ire of several persons with disabilities (PWDs) and groups representing them for refusing to grant discount on medicines to those who need them such as the physically impaired and mentally challenged individuals. Much like a senior citizen, a disabled person is entitled to a 20 percent discount on medicines from any drugstore anywhere in the country and on medical services in all government facilities as mandated by law.
The PWDs zeroed in on MDC which was the only drugstore present in the forum.


“Give the discount”
Mike Jose, a sixty-year old polio victim lamented that since he got his identification card in 2009, he has yet to take advantage of it. “I have yet to see the light of day. I have been this, meaning a victim of the viral polio since I was one year old. I am hoping that I can still avail of the discount for my medicines and therapies in my lifetime,” Jose said.


The Katipunan ng mga may Kapansan sa Pilipinas (KAMPI) also expressed disappointment over Mercury Drug’s insensitivity to the needs of the PWDs. “There are many Mercury outlets in the Philippines. Not one of them honor our cards or give discounts,” said Josephine Rivera, KAMPI national president. “It is an industry leader obviously. Other smaller drugstores can give discount, why can’t Mercury?”


When asked if they will boycott Mercury Drug, Rivera said that her group has yet to discuss any action that they will take. “We conducted an indignation rally last year. We are still thinking if we will do one this year.”
There are close to 800 Mercury Drug outlets in the country. The leading drugstore takes pride in having a complete line and variety of hard-to-find brands of medicines.


Long overdue
Republic Act No. 9442, an Act amending Republic Act No. 7277, also known as the Magna Carta for Disabled Persons and For Other Purpose enacted in 1991 along with the implanting rules and regulations (IRR), provides on Section 32 under Chapter 8 other privileges and incentives to PWDs. “At least twenty percent 20% discount for the purchase of medicines in all drugstores for the exclusive use or enjoyment of persons with disability,” the new provision says. The Magna Carta was enacted in 1992. The amendment was enacted in 2007. The law defines Persons with Disabilities (PWD) as those suffering from restriction of different abilities, as a result of a mental, physical or sensory impairment, in performing an activity in the manner or within the range considered normal for a human being.


Atty. Edsel Manuel, Director for Administration of Mercury Drug expressed discontent over the tax reduction mechanism as opposed to tax credit. “We do not want to incur losses. Mercury needs to survive. But then again, we are willing to honor (the discount card) when our systems are already in place. (We ask) that we be given time to this,” Atty. Manuel said.


Atty. Erwin Mendinueto from the Law Division of the Bureau of Internal Revenue (BIR) said that Mercury should abide by the law. “It is the law. We give tax reduction only. We cannot change it,” he said.


Meanwhile, the Department of Health and the Bureau of Food and Drugs Administration (BFAD) have called upon citizens to report cases of abuse and violation of the law. “The law is very clear as well as the implementing rules and regulations. They have to be implemented,” said Dr. Franklin Diza, DOH program manager for PWD. Despite DOH’s issuance of Administrative Order No. 2009-0011 in May 2009 which sets the guidelines on the availment by PWDs of the 20 percent discount on medical services and medicines, Mercury Drug and other drugstores still refused to grant PWDs such discount.


A matter of time
In a memorandum of agreement signed with the House of Representatives – Committee on Social Services in March 2011, the beleaguered drugstore chain has been granted not later than one month from the date of signing to give the 20 percent discount to PWDs. It also shares sentiments with other members of the Drugstore Association of the Philippines, Inc. (DSAPI) that the law needs to be reviewed. “The senior citizen card has been subject to abuses. We do not want this to happen to the PWD card,” Manuel said. It also bats for burden-sharing where manufacturer and pharmaceutical companies should also share the burden of tax. “We are taking it (tax concern) to Congress.”


The agreement reads, “Failure on the part of MDC to comply with any of its obligations and undertakings under this Memorandum of Agreement shall cause the referral of this matter to the appropriate executive and/or judicial authorities for possible administrative and/or criminal action in accordance with applicable laws and regulations”.


Mercury Drug Corporation has originally sought for a six-month moratorium considering that the change in the point of sale (POS) system, according to Atty. Manuel, takes considerable time and entails a tedious process for its implementation. MDC has vowed to grant the mandatory 20 percent discount to persons with disabilities on May 1 this year in all its outlets nationwide.


When asked where is NCDA in all these, Rizalito Sanchez, chief for information, education and communication division, said that it is necessary for the Council to provide a proper forum for all sectors to be heard. “We are simply a policy-making body. It has limited mandate. We could have done more essential programs for our fellow disabled citizens,” Sanchez said. “Of course, empowering them, goes without saying, is also our agenda.” Sanchez hopes that the issue will be resolved in time.


The National Council on Disability Affairs, under the Office of the President, is the central authority of the government mandated by law “to formulate policies on disability and to act as an overall coordinating and monitoring body to rationalize the functions of government agencies and private entities and the enforcement of laws related to the prevention of the causes of disability, rehabilitation and equalization of opportunities” for persons with disabilities.


It provides the guidelines for the issuance of identification cards to persons with disabilities which shall be presented to drugstores to avail of the 20 percent discount on purchase of medicines.


NCDA said that there is an estimated 8.8 million persons with disabilities in the country.


Impaired but empowered
Fredeswina Javier has never had any problem with his son who has autism. “I raised him well. He was never dependent on medication. But he still maintain the therapies to this day. I can just imagine how many countless parents need to buy medicines on a regular basus for their children who have maladies,” she said. Her management graduate son, who now works as administrative assistant in a hotel, has written a book “The Autistic Door” and will soon launch it. She said she couldn’t be prouder. His son’s experience as one with autism led to the creation of the disability affairs office in the company.


Jojo Esposa Jr., training director of the Manila Christian Computer Institute for the Deaf College of Technology in Quezon City said that his students are very lucky to have been given the opportunity to work in a popular forwarding company despite their impairment. “We have an informal agreement with the company that whenever they need manpower, students from my school will be given priority,” Esposa said. Esposa said that in some instances, the deaf also needs to buy medicines for ear infections that usually go with auditory defects. He is happy his students are not discriminated against when it comes to employment.


“Today I represent myself. As a disabled person for 59 long years, I do not belong to any group. But I like to believe that (I) represent the many voices of PWDs unheard,” polio victim Mike Jose said. He is willing to troop to Congress if only to make known the plight of the disabled.


“As if they never knew.” Referring to the lawmakers, drugstores and medical companies.

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