Are Fees Allowed for Senior-Citizen ID Registration in the Philippines? A comprehensive legal overview (as of 28 May 2025)
1. Policy background
The Philippine State policy on the elderly is anchored on Article XV, §4 of the 1987 Constitution and elaborated by a trilogy of statutes:
Act | Short Title | Year | Key provision on I-D fees |
---|---|---|---|
R.A. 7432 | Senior Citizens Act | 1992 | Declared the right to a free I-D card (no implementing detail). |
R.A. 9257 | Expanded Senior Citizens Act | 2003 | Reaffirmed free issuance and created the Office for Senior Citizens Affairs (OSCA) in every city/municipality. |
R.A. 9994 | Expanded Senior Citizens Act of 2010 | 2010 | §4(d)(8) and its Implementing Rules & Regulations (IRR), Rule IV §2(c) expressly prohibit charging any fee for the first I-D and purchase booklets. |
Later laws (e.g., R.A. 10645 on PhilHealth automatic coverage) assumed the existence of a freely issued OSCA I-D.
2. Detailed statutory and regulatory text
2.1 Republic Act No. 9994
- §4(d)(8) – mandates LGUs, through the OSCA, to issue the Senior Citizen I-D and purchase booklets “for free.”
- §6 – tasks the Department of Social Welfare and Development (DSWD) to promulgate the IRR in coordination with DILG, DOH, DOF and LGUs.
2.2 Implementing Rules and Regulations (IRR) of R.A. 9994 (2010)
- Rule IV, §2(c) – “The Office for Senior Citizens Affairs shall issue the identification card and purchase booklets without cost to the senior citizen.”
- Rule X, §2(b) – non-compliance by LGUs or private entities constitutes an offense under the Act, punishable by fine and/or imprisonment and subject to administrative sanctions for public officials.
2.3 DILG Memorandum Circulars
MC No. | Date | Substance |
---|---|---|
2010-125 | 20 Aug 2010 | First DILG reminder: “No fees shall be collected for initial issuance of OSCA I-D or booklet.” |
2016-109 | 15 July 2016 | reiterates the prohibition; warns that imposing fees may constitute grave misconduct under the Local Government Code. |
2019-159 | 18 Oct 2019 | directs DILG Regional Offices to monitor LGU compliance and submit quarterly reports. |
2023-021 | 26 Jan 2023 | clarifies that “minimal fees” for replacement cards may be charged only to cover actual production cost and only after the loss or destruction is proven under oath by the senior citizen. |
3. Interaction with the Local Government Code (LGC) of 1991
The LGC (§129–§133) empowers LGUs to levy reasonable fees and charges. However, §193 makes this power subject to “existing national policies.” Because R.A. 9994 is a later and special law that expressly prohibits fees, it pre-empts any local revenue ordinance that attempts to impose them.
The Department of Justice (DOJ) has repeatedly opined in Opinion No. 073, s. 2015 that LGUs cannot override R.A. 9994’s free-issuance mandate. The Commission on Audit likewise disallowed LGU collections for IDs in COA Decision 2020-122 (city of Pasig), ordering a refund to senior citizens.
4. Scope of the “no-fee” rule
Scenario | Fee allowed? | Legal basis/Notes |
---|---|---|
First-time application (age 60+, Filipino, resident) | No | R.A. 9994 IRR Rule IV §2(c) |
Renewal due to expiry (some LGUs set 3- or 5-year validity) | No | DILG MC 2016-109 prohibits “renewal fees.” |
Replacement due to loss/damage | Yes, but strictly limited | DILG MC 2023-021 allows recovery of actual card cost upon affidavit of loss; usually ₱25–₱50. |
Request for additional purchase booklet (when original is full) | No | Same IRR provision—booklets must remain free. |
Authentication/certification of status (e.g., travel abroad) | Generally No | If certification is part of OSCA’s mandate. Fees occasionally imposed by the DFA or foreign embassies are outside OSCA’s control. |
5. Remedies for illegal exaction
- Administrative complaint – File with the DILG Provincial/Regional Office against the mayor, OSCA head or treasurer.
- Demand letter & refund – Cite R.A. 9994 and DILG M.C.s; COA rules require refund of illegally collected sums.
- Civil action – Under Rule 65 (certiorari/prohibition) or ordinary action for recovery of amounts paid under protest.
- Criminal complaint – §10 of R.A. 9994 punishes government officers who violate the Act with imprisonment (1–6 years) and perpetual disqualification from public office.
6. Common misconceptions
Myth | The law actually says… |
---|---|
“LGUs can charge a ‘minimal processing fee’ because IDs cost money.” | Production cost is a budgetary obligation of the LGU, not of the senior citizen (§33, R.A. 9994). |
“The prohibition only applies to indigent seniors.” | The benefit is universal; no means testing for the ID. |
“The law is silent on the booklet, so LGUs may collect for it.” | Same paragraph of the IRR covers both the I-D and purchase booklet. |
“If my city enacted an ordinance in 2024 prescribing a ₱100 fee, it overrides the IRR.” | National law prevails; the ordinance is void for being ultra vires. |
7. Budgetary sourcing by LGUs
- Gender and Development (GAD) funds and/or Special Social Services allocations under §17(c), LGC, are often tapped.
- The cost of IDs and booklets is a social protection expense recognized as a priority in the National Budget Call and in Local Budget Memorandum No. 86-2022.
- COA Circular 2014-002 allows lump-sum procurement of blank PVC cards charged to the General Fund.
8. Practical tips for seniors
- Bring your PSA birth certificate, barangay clearance, and one 1×1 or 2×2 photo.
- Verify whether your LGU has online pre-registration to avoid queues.
- If asked for a fee, politely refuse, cite R.A. 9994 and DILG M.C. numbers, and request an official receipt “under protest” if you must pay to proceed.
- Keep a photocopy of your application and any receipts; they are evidence in refund proceedings.
9. Conclusion
No fees may be collected for the first issuance—and usually the renewal—of a Senior Citizen I-D and purchase booklet in the Philippines. The mandate comes directly from R.A. 9994 and its IRR, reinforced by multiple DILG circulars and DOJ/COA opinions. While a nominal replacement fee is tolerated for lost or damaged IDs, any charge beyond actual production cost—or any fee for first-time issuance—is illegal, void, and refundable.
This article reflects legislation, regulations and administrative issuances up to 28 May 2025. Always check for subsequent amendments or new circulars before relying on this information.