Persons with disabilities (PWD’s) should be prioritized through the use of express lanes when purchasing tickets for K-Pop or any other concerts they want to watch.

The Department of Justice aired this opinion in response to an inquiry from the National Council on Disability Affairs where a complaint was lodged by a PWD who was denied quick access to the ticket booth for a K-Pop Concert.

DOJ Undersecretary Raul Vasquez issued the legal opinion dated September 19, 2024 that interpreted the Implementing Rules and Regulations of Republic Act No. 10754 or An Act Expanding the Benefits and Privileges of Persons with Disabilities.

The NCDA sought the legal opinion to help it resolve a complaint filed against SM Supermalls by a certain Jan Danica Modequillo.

Modequillo, a PWD cardholder, complained that the express lane was not implemented by SM management in its “Servicio” outlet in SM San Lazaro, Manila, where she tried to purchase tickets for a K-Pop concert.;

In its replay to the NCDA, the SM Supermalls responded by telling the NCDA that Modequillo is entitled to the option of on-line purchase of the K-Pop tickers and will still be entitled to the 20 percent PWD discount provided by law.

“Moreover, it has been argued that the express lane/priority is granted as a privilege and not as a right and may not be exercised at the expense of the rights of other individuals as it is not consisted with the equal proteciton clause giving undue favor or privilege that will result to an inequality of treatment of certain individuals. IN this case able-bodied individuals<>’ the SM response said.

RA 10754 provides that express lanes for PWDs must be set up for establishments in order to give them priority in purchasing goods and services.

Vasquez said that the absence of express lanes still does not exempt an establishment from not giving PWD’s priority in their transactions.

“The use of the word ‘all’ implies that the law doesnot intend to distinguish between establishments or transactions involving items that are accessible to everyone and items which are of limited quantity,” Vasquez said in the justice departments legal opinion.