'Force majeure': airlines' alibi to neglect minors

Neglectfully there are no CCTV cameras at the Manila airport’s baggage claim. So it’s actor Raymart Santiago’s word against columnist Ramon Tulfo’s on who started their fisticuffs there Sunday noon.

Santiago’s version, that Tulfo aggressed, doesn’t make sense. His wife and friends were berating Cebu Pacific airline reps for their missing valises when Tulfo began taking photos with a phone camera. When Santiago asked what Tulfo was doing, the latter supposedly socked and kicked him.

Huh? Why would Tulfo, or anybody, throw a punch unprovoked at a hunk like Santiago?

Tulfo had just alighted from another Cebu-Pacific flight. He has been criticizing the airline for mistreating passengers. On disembarking he photographed handicapped being made to limp down the passenger stairs to the tarmac, instead of afforded an aerobridge. When at the baggage claim he chanced upon passengers with missing luggage, he instinctively pulled out his camera phone again.

Had Santiago not let temper get the better of him, he could have enlisted Tulfo’s help in their complaint about the airline’s shabby service. But no, he had to take it out on him. Still it’s not too late to apologize, and put it behind them. Only lawyers would profit from ensuing lawsuits.

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Too often do I receive ignored complaints against budget airlines. Passengers write to the press because they feel they have no one else to turn to. The weaving thread is that they must fight back not only with civil but also criminal lawsuits. This I learned from lawyer-friends.

Like, airlines are wont to use “force majeure” as alibi for cancelled flights. Ask the ground crew what act of God or happenstance had made your plane not arrive or unable to takeoff, and they will say they’re only authorized to say “force majeure.” It’s the magic term that airline lawyers advise the owners to invoke. Abracadabra — it frees them as contracting parties, who have taken your money, from fulfilling their contractual obligation, to deliver you to your stated destination, date and time.

(One time the flight of my party of nine was cancelled due to downpour at our terminus, so we missed a wedding. They gave not refunds but vouchers to fly there within three months or else forfeit everything.)

“Force majeure” purportedly exempts them from refunding you. They tell you to just return to the airport at such-and-such date and time to resume your voyage. No apologetic complimentary hotel billeting, much less meals and transportation from and back to the terminal.

They won’t care if you came from the barrio, know nobody in the big city, have no hotel money or jitney ride home that late in the night. They won’t even care about the infant or toddler you’re rocking in your arms to sleep, or the invalid or senior citizen you’re accompanying. They’ll shoo you all out of the terminal lest they be fined if you rest there.

That’s cruelty. Republic Act 7610 requires “stronger deterrence and special protection against child abuse, exploitation and discrimination.” “Child” is anyone below 18 years of age. “Abuse” is the “maltreatment, whether or not habitual, of the child, including ... psychological and physical neglect, cruelty ... unreasonable deprivation of basic needs for survival, such as food and shelter.”

Violators shall be penalized with three months’ to three years’ imprisonment, plus P1,000- to P10,000-fine.

R.A. 7277 punishes discrimination against persons with disabilities. Such act includes “failure to make reasonable modifications in policies, practices or procedures ... necessary to afford such goods, services, facilities, privileges, advantages or accommodations” to the handicapped. Examples: excessive airline charges for wheelchairs, and depriving invalid passengers of aerobridges.

Penalty: first offense, six months’ to two years’ imprisonment, plus P50,000- to P100,000-fine. Second offense, two to six years’ imprisonment, plus P100,000- to P200,000-fine.

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Some readers’ comments/queries about my newly published book, Exposés: Investigative Reporting for Clean Government:

Marc Lezaron: “For the second time in my life, corruption Philippine-style shocked me. GMA’s impunity truly astounds. I started with your chapter on the Kalayaan Islands, then moved on to the ZTE scams, and saw that the two issues are related. (Former Chinese trade minister and Chongqing party boss) Bo Xilai’s recent sacking must be their generals’ way of saying they want their money back. It was a surprising but significant bit of information from you that they are 50-percent owners of ZTE.”

Atty. Leonard de Vera: “Just bought a copy of Exposés. Boldly informative!”

Editha Castro: “Exposés made me realize the depth of corruption in our country, and angry with the perpetrators. Many of the names you mentioned are familiar; some are not. Please include in your sequel their photographs, to help our people remember.”

John David Go: “I am an avid reader of Gotcha. How can I get a copy of your book in Los Angeles, CA?”

Jesse Macainag: “I seldom go to Manila. Is there any way I can have a copy of Exposés delivered here to Puerto Princesa?”

Provincial orders can be e-mailed to [email protected]. Book launches are being set in the US West Coast within the year. Happy reading.

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Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ (882-AM).

E-mail: [email protected]