MANILA, Philippines — Justice Secretary Leila de Lima has ruled that elderly inmates or prisoners can avail of the senior citizens’ benefits and privileges.

Thus said De Lima in response to inquiry of Department of Social Welfare and Development (DSWD) Secretary and National Coordinating and Monitoring Board of Expanded Senior Citizens Act of 2010 (RA No. 9994) Chairperson Corazon Juliano-Soliman.

Soliman had sought for her legal opinion if an elderly of the Bureau of Corrections (BOC)-Maximum Security Compound can avail the senior citizens’ benefits and privileges.

In a four-page legal opinion, de Lima said Republic Act No. 9994 or the “Expanded Senior Citizens Act of 2010” uses the word “any” and it does not distinguish a class of elders from another class of elders.

Soliman had asked for De Lima’s opinion if an elderly inmate of the BOC, Maximum Security Compound is entitled to exercise certain civil and political rights, or to avail the senior citizens’ benefits and privileges under RA No. 9994.

“Although, in line with settled precedents, the Secretary of Justice does not rule on issues which, as in this case, affect the substantive rights of private parties, i,e., the elderly inmates, and can be the subject of judicial controversy in the future, we shall take exception thereto, it appearing that the query is raised in connection with exercise of the functions of the law’s Monitoring Board,” said De Lima.

De Lima ruled in the affirmative citing the provisions on policies and objectives of RA No. 9994 which serves as the basis for the applicability of the law to all elderly citizens.

“Moreover, an elderly citizen has been defined under R.A. No. 9994 as one referring to any resident citizen of the Philippines at least 60 years old,” she noted.

De Lima further stressed: “It is elementary rule in statutory construction that where the law does not distinguish, no distinction should be made. Ubi lex non distinguit nec nos distinguere debemos.”