No senior discount on golf club dues
The Supreme Court said non-profit, stock golf and country clubs are not mandated to give a 20 percent senior citizen discount to their senior members on membership dues.
But the High Bench said senior citizen discount applies to fees for locker rentals and other charges pertaining to their use of the clubs' facilities and equipment.
This was the ruling of the SC's First Division, in a decision penned by Associate Justice Jose Midas P. Marquez, partially granting the consolidated petitions under Rule 45 filed by the Department of Social Welfare and Development and The Manila Southwoods Golf and Country Club Inc. (Manila Southwoods).
This was borne from a complaint filed by Carlos T. Santos Jr. before the Regional Trial Court against the DSWD and Manila Southwoods.
Santos, a member of Manila Southwoods, asked the RTC to invalidate Rule IV, Article 7, Section 4 (2) of the Implementing Rules and Regulations of Republic Act 9994 or the Expanded Senior Citizens Act of 2010 which was drafted by the DSWD.
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The provision of the assailed IRR, non-profit, stock golf and country clubs, which are not open to the general public and are private and for exclusive membership only, are exempted from giving the 20 percent senior citizens discount.
Santos claims that this provision in the IRR is invalid for being contrary to the plain language of Section 4(a)(7) of the Expanded Senior Citizens Act, which includes services in hotels and similar lodging establishments, restaurants, and recreation centers among the services covered by the 20 percent senior citizen discount.
The RTC ruled in favor of Santos, declaring the assailed IRR provision invalid and ordering Manila Southwoods to grant Santos the senior citizen discount for the exclusive use, utilization, and enjoyment or availment of the services of the club's recreation centers.
This prompted the DSWD and Manila Southwoods to go to the Supreme Court and seek the reversal of the RTC Decision.
In partially granting the petitions, the Court clarified the scope of the 20 percent senior citizen discount mandated by Section 4(a) of the Expanded Senior Citizens Act.
