BOARD RESOLUTION NO. 11 SERIES OF 2024
WHEREAS, Section 1(e) of Republic Act (R.A.) No. 10754, entitled “An Act Expanding the Benefits and Privileges of Persons with Disability (PWD)”, amending Section 32 of R.A. No. 7277, states that persons with disability are entitled to express lanes in all commercial and government establishments; in the absence thereof, priority shall be given to them;
WHEREAS, Section 10 of the Implementing Rules and Regulations (IRR) of R.A. No. 10754 provides 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;
WHEREAS, there is confusion regarding the implementation of express and priority lanes, particularly whether they apply solely to necessities and not for leisure; and whether the “first come, first served” policy may be implemented for transactions involving items of limited quantity. The conflicting viewpoints led to non-compliance with the provision for express lanes and the subsequent filing of complaints before the Department of Social Welfare and Development. These complaints are endorsed to the NCDA;
WHEREAS, upon request of the NCDA, the Department of Justice in its Opinion No. 42, series of 2024 stated that the use of the word “all” without any exception or qualification in Section 10 of the IRR of R.A. No. 10754 implies that the law does not intend to distinguish between establishments or transactions involving items that are accessible to everyone and items that are of limited quantity;
WHEREAS, NCDA Board Resolution No. 4 S. 2024, “A Resolution Delegating Approval of Succeeding Council Resolutions and/or its Equivalent to the National Council on Disability Affairs Chairperson and Designated Officials, duly authorize the NCDA Chairperson and the NCDA Executive Director to sign this Resolution for and on behalf of the NCDA Governing Board;
NOW, THEREFORE, RESOLVED as it is hereby resolved, the NCDA Governing Board furnishes the Department of Trade and Industry a copy of the said DOJ opinion for information and guidance.
RESOLVED FURTHER, that the NCDA Secretariat prepare an advisory to implement this resolution.
APPROVED held this 27th day of December 2024 via ad referendum.
GLENDA D. RELOVA
Executive Director, NCDA
REX GATCHALIAN
DSWD Secretary & Chairperson, NCDA