Compromise reached between elders and KFC Naga

Submitted by Vox Bikol on Mon, 03/30/2009 - 12:13

NAGA CITY--Senior citizens can now avail of the 20 percent discount on their take-out orders from the Kentucky Fried Chicken (KFC) branch here following a court-approved compromise agreement between the food firm and the city’s Senior Citizens Federation.

Judge Zeida Aurora Garfin of RTC Branch 19 here, said she accordingly approved the agreement as it was not contrary to law. Under the agreement, KFC will continue to enforce the discount privilege on take-out products for senior citizens until implementing rules and regulations are issued by the concerned government agency.

Earlier, KFC, as a matter of company policy implemented nationwide, limited the 20 percent senior citizen discount only for “dine-in” purchases.

The food firm considered that any availment of the discount was for the exclusive use of senior citizens, owing to alleged cases of abuse wherein non-senior citizens took advantage of the discount through “take-out” purchases.

Lawyer Nelson P. Paraiso, a senior citizen, questioned the policy after KFC did not honor his discount privilege on his take-out order sometime last year.

Lawyer Angel Ojastro, Naga City legal officer, in behalf of Paraiso and the federation represented by its president, Eliseo Lachica, filed a case against KFC for violation of R.A. 9257, or the Expanded Senior Citizens Act of 2003.

Ojastro in his petition said that the issue was simple: Are “take-out” orders covered by the privilege of senior citizens?

He said the answer was “Yes,” especially so in the case of Paraiso’s purchase of a single chicken meal and coleslaw that could be consumed by one person.

He also asked whether the phrase “exclusive use or enjoyment of senior citizens” contemplate only “dine-in” purchases.

Ojastro said the law did not make any distinction, for as long as the product or service is to be used or consumed exclusively by the senior citizen. (PNA)