August 7, 2019

FLORENTA G. SARITA
OSCA Officer
Municipality of San Jose
Province of Dinagat Islands

Dear Ms. Sarita:

This refers to your communication dated July 22, 2019 requesting this Office to provide
enlightenment on the matters of:

(a) Issuance of Senior Citizen’s (SC) ID Card; and,

(b) Whether or not your Office’s refusal to issue SC IDs to the sibling and brother-in-
law of certain applicant, Engr. Ireneo L. Villapando who said to have represented
their interests, has legal basis.

First, on the ISSUANCE OF SENIOR CITIZEN’S ID, a question may be asked; Who is
defined as Senior Citizen who may be issued with a Senior Citizen’s ID?

A deliberate review of the laws and issuances pertinent to the matter confirms that:

“Senior citizen or elderly refers to any resident citizen of the Philippines

[who is] at least sixty (60) years old.”
-par (a) Sec. 2 of RA 9994 or the Expanded Senior Citizens Act of 2010

Further reading of the implementing rules and regulations (IRR) of the said law,
provides a clearer definition of Senior Citizen. Par (5.1), Art. 5, Rule III of the IRR, reads
as follows:

“5.1 SENIOR CITIZEN OR ELDERLY -refers to any Filipino citizen who is

a resident of the Philippines, and who is sixty (60) years old or above. It
may apply to senior citizens with "dual citizenship" status provided
they prove their Filipino citizenship and have at least six (6) months
residency in the Philippines.”

RA 9994 and its IRR therefore requires a person to be considered a Senior Citizen who
may be issued with a Senior Citizen’s ID as one:

√ (a) Who is a Filipino,

√ (b) Resident citizen, and
√ (c) Whose age is 60 years old or above

The aforementioned requirement must all be satisfied.

DSWD Field Office Caraga, R. Palma Street, Butuan City, Philippines 8600
e-mail: focrg@dswd.gov.ph Tel. Nos. : (085) 342-5619 to 20 Telefax : (085) 815-9173
Website: https://caraga.dswd.gov.ph
In the case presented, one must inquire the following:

1. Are the sister and brother-in-law of Engr. Villapando Filipino citizens?

 Decision-making Guide: Citizenship may be proven by asking for their

Philippine Passport being the primary determinant of one’s National
Identity.

2. Did they acquire Canadian citizenship and in the process lost their Philippine
citizenship?

 Decision-making Guide: RA 9225 or the Citizenship Retention and Re-

acquisition Act of 2003, provides that “all Philippine citizens of another
country shall be deemed not to have lost their Philippine
citizenship”. (Sec.2)

The exceptions are: (1) when there is express renunciation of

Filipino citizenship; (2) being in the service of the armed forces of a
foreign country; and (3) seeking public office in a foreign country. (Sec. 1
of Commonwealth Act No. 63 or An Act Providing for the Ways in which
Philippine Citizenship may be Lost or Reacquired)

Philippine citizenship may however be reacquired by taking an

oath of allegiance to the Republic as provided under Sec.2 of RA 9225.

3. Are they resident Filipino citizens?

 Decision-making Guide: A [domiciliary] resident citizen is a citizen of the

Philippines who has a permanent home or place of abode in the
Philippines to which he/she intends to return [animus revertendi]
whenever he/she is absent for business or pleasure. (Title II of National
Internal Revenue Code [NIRC] of 1997)

In the case of Overseases Filipino Workers who leave their

domicile with the intention to return, no matter how long the absence,
domicile will not be lost. They are still resident Filipino citizens.

Second, on the REFUSAL TO ISSUE SC IDs, one must refer to par (c) Section 4
(enumerating the functions of the Office of the Senior Citizens Affairs), Article 21, Rule
VI of the IRR, which reads as follows:

“c) xxx to issue national uniform individual identification cards and

purchase booklets, free of charge, which shall be valid anywhere in the
country;”

This indicates that the law confers to the OSCA the function to issue uniform SC
identification cards, and such function ordinarily carries with it the discretion to create
procedures or guidelines on how to secure SC IDs and the manner by which it will be
issued.

DSWD Field Office Caraga, R. Palma Street, Butuan City, Philippines 8600
e-mail: focrg@dswd.gov.ph Tel. Nos. : (085) 342-5619 to 20 Telefax : (085) 815-9173
Website: https://caraga.dswd.gov.ph
However, when procedures or guidelines contravenes to the tenor of the law or tends to
defeat the substantial provisions of the law, the law takes precedence.

In a similar fashion the Supreme Court states in one of its decided cases (G.R. No.
207145, July 28, 2015):

“The function of promulgating rules and regulations may be legitimately

exercised only for the purpose of carrying the provisions of the law into
effect. x x x [A]dministrative regulations cannot extend the law [nor] amend
a legislative enactment; x x x administrative regulations must be in
harmony with the provisions of the law[,]" and in a conflict between the
basic law and an implementing rule or regulation, the former must
prevail.”

Assuming therefore that Engr. Villapando was able to support his claim that his sibling
and brother-in-law are indeed resident Filipino citizens and he has in his hands Special
Power of Attorney to sign in behalf of them, and other official documents that would
ascertain the facts he claims to be, the refusal to issue SC IDs, contending personal
appearance is required, will stand to have NO SUFFICIENT LEGAL BASIS. Such
refusal tantamounts to amending the substantial provision of the law that confer upon
the eligible resident Filipino senior citizens the privileges brought by having OSCA ID,
which the law disallows.

Finally, in line with the spirit of Republic Act 11032, known as the “Ease of Doing
Business and Efficient Government Service Delivery Act of 2018”, personal appearance
may be dispensed for as long as proper proof of eligibility is presented and the
alternative mode of application through a legal representative by virtue of SPA must be
given due course.

We hope to have provided you with clear guidance and a substantial response.

Thank you.

Very truly yours,

MITA CHUCHI GUPANA-LIM

Regional Director

DSWD Field Office Caraga, R. Palma Street, Butuan City, Philippines 8600
e-mail: focrg@dswd.gov.ph Tel. Nos. : (085) 342-5619 to 20 Telefax : (085) 815-9173
Website: https://caraga.dswd.gov.ph