NAGA CITY -- Either a criminal or civil case will be filed by the city government against the branch of Kentucky Fried Chicken in this city (KFC-Naga Branch), City Legal Officer Angel Ojastro III confirmed, saying that he is now preparing the appropriate legal action.

        This came after lawyer Nelson P. Paraiso filed a letter-complaint against KFC-Naga Branch accusing the fast-food outlet of refusing to give him discount for a takeout order. Earlier, the Senior Citizens Federation in this city filed a similar complaint.

        Citing jurisprudence, Ojastro said that KFC-Naga Branch violated RA 9257, the Expanded Senior Citizen Act of 2003, when it refused to give discount to Paraiso for his single meal takeout order.

        Through its counsel Santiago and Santiago Law Offices, KFC-Naga Branch admitted that the policy not to give discount for senior citizens on takeout orders was adopted by the fast-food chain to ensure that the discount would be for the senior citizen customer only, saying that there were instances when the giving of discount for senior citizens was abused.

        The law entitles senior citizens to 20 percent discount from all establishments “relative to the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers, and purchase of medicine for the exclusive use or enjoyment of senior citizens.”

        Ojastro said that takeout purchases are included in the services in which senior citizens must be given appropriate discounts.

        He said notwithstanding the exclusive aspect of the provision, the law should still favor senior citizens, being the primary beneficiary of the law.

        He said KFC-Naga Branch’s refusal to give Paraiso his privilege as a senior citizen is unjustified, and under the law, the city is duty-bound to impose possible penalties which include cancellation or revocation of business permit.

        He added however that the law also encourages ‘conciliatory spirit’ that in imposing sanction on KFC-Naga Branch, regard to the ‘spirit’ of the law has been properly considered by the city government.