TWO hotel officials are facing charges before the Pasig City Metropolitan trial court for not giving the mandated 20 percent discount to a senior citizen.
In a 22-page resolution dated December 21, 2023, the Pasig City Prosecutors Office filed charges against Lily Te Pedrosa and Angel Co for allegedly violating the Senior Citizen’s Law and Consumer Act of the Philippines.
Pedrosa and Co are the Senior Vice President and Finance Director, respectively, of Marco Polo Hotel-Ortigas, a 5-star hotel in Ortigas, Pasig City.
“It is hereby recommended that respondents Lily Te Pedrosa and Angel Co be charged with violation of Section 1 (a) (7) of Republic Act 9994, otherwise known as the Expanded Senior Citizens Act of 2010. Bail is set at P36,000 for each respondent,” the resolution signed by Senior Assistant City Prosecutor Jerome Victor and approved by Senior Deputy City Prosecutor Randy Esteban said.
“It is further recommended that respondents Lily Te Pedrosa and Angel Co be charged with violation of Article 116 of Republic Act 7394, otherwise known as the Consumer Act of the Philippines. Bail is not necessary unless required by court,” it added.
To recall, a four-page complaint was lodged before the city prosecutor’s office by Melinda Rada, who said she checked into the hotel on November 25, 2022 with her sister, also a senior citizen.
When they checked out two days later, she asked for her 12 percent VAT exemption and 20 percent discount as a senior citizen under RA 9994.
The complaint claimed the hotel refused to grant the discounts because its alleged rate was “on promo.”
Rada, however, said the hotel did not show proof that its alleged promo has the approval of the Department of Trade and Industry as mandated by law.
Under Article 116 of RA 7394 or the Consumer Act of the Philippines, any person or company conducting a sales promotion campaign shall secure a Sales Promotion Permit from the DTI before launching the promo.
Violators face a fine of not less than P200 or an imprisonment of not less than a month but not more than six months.
On the other hand, a violation of RA 9994 carries a penalty ranging from a fine of not more than P100,000 and imprisonment of not less than two years but not more than six years.
Rada claimed that when she insisted on her right to the discounts, the hotel agreed to grant her the 12 percent VAT exemption but maintained she was not entitled to the 20 percent discount as the rate was already on promo.
However, she argued in her complaint that the promo did not have prior approval from the DTI and, as such, she should be entitled to the 20 percent discount.
During the preliminary investigation of the complaint, the hotel management said Rada checked into the hotel through an online travel agency (OTA) and availed of the “Winter Promotion Rate.”
The hotel and the OTA have a contract regarding the Winter Promotion Rate, which Rada availed of.
The hotel added its failure to grant the 20 percent discount to the complainant was never intentional and not malicious.
But the prosecutor’s office said that a defense of good faith is immaterial for violations of special laws such as RA 9994 and 7394.
“Any violation of the special law already consummated the crime. Lack of intent to commit or good faith is not a valid defense,” the resolution charging the two said.
The resolution also junked the move of the hotel offering to compensate Rada with an overnight stay for two persons plus a refund of the 20 percent discount, saying “it is a mere afterthought.”
It said that the hotel failed to show any application or permit from the DTI that they were allowed to conduct the promo.
“Even if there was no actual permit, if Marco Polo Hotel Ortigas only showed its application for the promotion and that there was no objection or actual denial of their application within 15 days from the filing of the application, then the same should have been deemed approved and the promotion campaign or activity could be conducted. Failure to show even an application for the promotion campaign or activity is fatal to Marco Polo Hotel Ortigas,” it added.
