The Commission on Human Rights bewailed the discrimination against a “special child” by Cebu Pacific last Dec. 23.
It has been reported last Dec. 23, Maritess Alcantara and her son, John Arvin, boarded a Cebu Pacific flight to Hongkong. They were reportedly asked to deplane because of her son’s “special” condition.
Alcantara, in a broadcast interview related that, prior to departure, she was asked by the crew prior to departure if her son was ill. She responded that he was not, albeit he was a special child with Global Developmental Delay, a condition that impedes the normal development of the child’s faculties. The crew responded that it was company policy that no two special children/persons may board the same flight, and insisted that she disembark together with her son. Based on other news reports, it appeared that there was another passenger on board who had down syndrome.
After over a delay of about an hour, the Cebu Pacific crew relented and allowed Alcantara and her son to remain on board. Alcantara, having been subjected to the crew’s intimidating demeanor and the humiliation in the presence of other passengers, is now suing Cebu Pacific for discrimination directed against her son.
Reacting to the news, CHR Chairperson Leila De Lima said, “We are deeply concerned and dismayed by the reported incident on the 23rd of December. Special children require special attention and protection. And by special attention, we do not mean attention that discriminates unfavorably against the child. If attention does not serve to accommodate and facilitate equal enjoyment of the same rights and privileges that other persons enjoy, then it is clearly prohibited.”
“The law provides very clear and simple parameters to prevent discrimination against the special children and the Disabled in general,” De Lima added. “Transport providers, specifically, are identified by statute to ensure that the Disabled are not discriminated against.”
The statute De Lima referred to is the Magna Carta for Disabled Persons (R.A. 7277). The said statute provides, to wit:
“Discrimination on Transportation
Sec. 34. Public Transportation. — It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of his disability.” (Emphasis supplied)
De Lima continued, “Whether or not there is in fact a Cebu Pacific policy against freely accommodating the Disabled has yet to be seen. All things told, however, I cannot imagine how such a policy can be worded without violating the Magna Carta for Disabled Persons.”
“I am particularly concerned over this alleged policy because I am a mother of a special child,” De Lima remarked. “There are no words to describe how important it is to parents, such as Ms. Alcantara, that their children be treated with the same regard as other children, despite their disability.”
On what measure should be undertaken in light of the looming law suit against Cebu Pacific, De Lima said, “Particularly, airlines, together with other public utilities and common carriers, must now review their policies and make the necessary changes to comply with the law. Also, I propose that mandatory human rights training be made a part of employee development for common carriers like Cebu Pacific, in order to ensure that frontline personnel, who directly interact with the public, are sensitized to the special concerns of special children, the Disabled, and their companions.”
On whether the issued apology of Cebu Pacific is sufficient, De Lima added, “As far as the damages caused to Ms. Alcantara are concerned, let us allow the judicial process to decide. But beyond that, I think this incident is an eye-opener for airlines and other public utilities, because in their line of work, which is a public service, they must be fully accommodating of every segment of the public, disabled or not. Their industry is imbued with public interest, and thus, all their functions, policies and staff must act with public interest in mind.”
Sarap sampalin ng flight attendant/crew na ‘yun!
Baka akala nila Cebu Pacific lamang ang airline na puwedeng bilhan ng serbisyo?
To think na awarded pa naman ang airline na ‘yan for something or for what innovation. ‘Yun pala ay meron silang discriminatory flight/boarding rules.
‘Kakainis!
Biglang nawala agad sa online balita ang tungkol sa isyung ito. Parang nagkabayaran na kaagad.
Ang nagagawa nga naman ng salapi.
Kasangkapan ng maykaya sa pambubusabos sa wala.
alam ng mga negosyante na mapagsamantala at ganid ang mga gokongwei, sanay silang manlinlang para kumita lamang, sila ang negosyanteng walang sinasamba at diyos kundi pera
I wrote the same blog article about relevant experiences – pregnant lady and husband barred from flying due to lack of medical certificate plus toddler with no birth certificate and some other observations with Cebu Pacific and I believe that their management needs to push positive chances especially on customer service. All these issues are to be addressed immediately.
ON TRAVEL WOES AND A RAINBOW BRIGHT
http://ryanericsongcanlas.wordpress.com/2009/12/20/on-travel-woes-and-a-rainbow-bright/
ON FLIGHT DISCRIMINATION AND WHY PETS AND SPECIAL CHILDREN CAN’T FLY CEBU PACIFIC
http://ryanericsongcanlas.wordpress.com/2010/01/06/warning-special-children-cant-fly-cebu-pacific-period/
What else can you expect from Cebu Pacific. It has become a lousy airlines. One with out feelings.
Company policy, that’s a bull! Onli in da Pilipins!
The owners of Cebu Pacific have no business in the airline industry. First class action suit dapat ang isampal sa kanila kahit nag-offer ng apology.
Any public company offering paid services of any kind to the people should see to it that their patrons are served by their employees with utmost respect and make them feel especially attended to, as their advertisements say.
There should be no ifs, no buts.
Any customer is paying what is being asked by the company and it is a must and expected that highest kind of respect and service be given in return.
‘Yun pa kayang special child ang dapat balewalain?
Wala ba silang puso’t damdamin?
sobra naman ang cebu pacific.. bakit pag ang pamilya ni GMA ang sumakay ng eroplano, sabay sabay pa sila.. di ba mga mentally ill ang mga eto.. sobra naman sila, talaga nga naman.. only in the philippines..!!
Ano ba ‘yan?
Any company offering paid services…..
Galit na naman, eh.
bakit pag ang pamilya ni GMA ang sumakay ng eroplano, sabay sabay pa sila.. di ba mga mentally ill ang mga eto..ocayvalle.
Nyaaahhahahahahahahahahaaaaaah!
Uhu ubo ubo uboooooo!
Hiiiinnnnnngggggghhhhhhh!
Nako, welcome news yan kay Kapitan. Hehehe 🙂
I don’t think the owners of Cebu Pacific has in it’s policy preventing people with disabilities or special childs from flying on their planes. It said in a statement/ press release that what is being prevented from boarding their aircrafts are 2 mentally ill persons at the same time. It is the judgement call of the crew, which, unfortunately cannot distinguish between a special child from a mentally ill person. But then, being the owner of Cebu Pacific, the Gokongweis have to take full responsibility for the foul-ups. Sorry nalang sila. 🙂
MPRivera, it’s still in the news. Read it in the inquirer,net
They asked mother and daughter to deplane because there was already another “special” person aboard?
I airlines’s policy is based on superstition. That’s the problem with superstitious people!
Ooops, “I bet airlines’s policy is based on superstition.”
I think that is international policy. You know, the requirement is that the airplane crew should be ready to help ALL the passengers during the emergency, and more importantly, passengers must all be ready to obey the instructions from the crew in case of emergency.
I don’t know about you, but I will ask for a seat change if between me and the nearest emergency exit is a “special needs” person who is flying unattended.
Kapampangan-style (which is also Ilocano-style)–every man for himself in case of emergency.
Kaya ka nga lumilipad ng eroplano at hindi nag-fe-ferry, in order to travel more safely.
Yes, it’s an international policy (read it somewhere) that no 2 or more mentally ill persons can fly on the same airplane at the same time. But special childs or persons with disabilities are not mentally ill people. They should be given special care and attention.
Tingog Boss,
Not surprised you would do that. To be expected. Recognizable Pinoy reaction.
Gloria feels the same way too. He motto is much like yours: each one to his/her own — so she loots treasury by her great greedy self because she knows she can loot more on her own.
Aba,kung babayaran ang ticket ko at iyong lipad ay papuntang London o Sydney, I volunteer to give the special care and attention, heh heh heh. (May visa na ako, hindi na nila po-problemahin iyon, heh heh heh.)
“Kung isa lang mentally retarded ang pwede sa anumang flight, aba, dapat ikaw ang bumaba hindi ang anak ko.”
Yan ang isasagot ko kung ako yung nanay.
Hayan ang napapala ng mga kompanyang nagtitipid sa seminar para sa mga empleado nila. Kung service oriented ang negosyo mo, alam mong vulnerable sa lawsuit ang kompanya mo.
Bakit nakakalipad si Miriam kasama si maam at mga congressmen na tulad niya ang utak, or sobra pa.
it is a sad reality but sa atin hindi exposed ang karamihan sa “people with special needs and with inconveniences”..at ang masakit pa many think of them as freaks..Was it the well educated, intelligent lawyer (among the top ata sa bar exams) former Sen . Maceda who said that mukhang autistic si Noynoy? bakit ano ba ang itsura ng isang autistic? napaka insensitive naman! nagaral yan..
“napaka insensitive naman! nagaral yan..”
Rose, sa mundo ng mga capitalista, walang lugar ang charity at sensitivity. Pera kasi ang mawawala kapag pinairal ang kawang gawa. Walang lugar ang kawang gawa pero malaki ang lugar para sa superstition.
Si gokongwei ba may ari nito o mokongwei?
Fly from Cebu and land in the pacific. Kaya Cebu Pacific e.
buti nakatagpo ni mokong wei si Lilia de Lima, marami nang naloloko ang mga mokongwei na yan, pero pinalalagpas lang , isang dahilan ng paghihirap sa pinas ang mga mokong na iyan
The airline has apologized for the incident, which occurred on Dec. 23 when Maritess Alcantara and her 14-year-old son, John Arvin, boarded a Cebu Pacific plane in Hong Kong to fly to Manila.
“Cebu Pacific has no policy that discriminates against persons with special needs. The attempt to offload a passenger with a developmental disability was a result of the cabin crew’s misinterpretation of government regulations designed to assure the safety of passengers,” the airline said in a statement.
But the Alcantaras will push through with their multi-million suit against Cebu Pacific.
http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20100108-246117/Couple-to-file-suit-vs-airline-despite-apology
si villar nag oo??? di naman nakakataka,,, parati naman umuoo un ,, tas last minute hindi na pwede… hahahagaya nun inawa nya sa anc forum
sorry wrong post
i was in shock upon finding out that this mother and her child with special needs were actually close to being barred from flying back to manila on board cebu pacific… i know them well–ms. tess alcantara is the mother of my former student, john arvin alcantara… i was beyond blessed and was privileged to be his teacher when he was in preschool… i’ve learned so many things from him despite the fact that i was his special ed teacher… like how it is to love and accept people unconditionally, or how to be more patient and tolerant, to persevere and never give up–especially in teaching him all the skills that he needed in order to grow, to socialize with other kids, to be independent… and enabling him to learn to adjust to various situations… to communicate with other people… to have fun while learning. it’s really so unfortunate and very sad that so many people are unaware of the differences between a child with special needs and a child who has (severe) mental disabilities… even then, any child/adult for that matter who has any kind of disability should NEVER BE DISCRIMINATED just because they happen to be like that… as a parent, ms. alcantara has all the right to defend her son’s rights… as a special ed teacher, it hurts to hear that there are still people out there who are so narrow-minded, thinking that just because this certain person “looks, speaks, and acts different” from everybody else makes them look better or superior than them… i hate to say this but they should start looking at themselves in the mirror or looking into themselves because they might find themselves learning so many valuable lessons from people like john arvin, who deserve to be treated just like anyone else–with respect, dignity, and honor.
Napansin ko nga, heheh.
Anyways, the other “special” passenger’s mom has also come forward and has confirmed that it was indeed Cebu Pacific Air’s policy not to allow two such passengers at the same flight, so they were told. They suffered the same humiliation in front of the other passengers who were getting uncomfortable with the delay. This mom said they were asked to take another flight since another special child (the Alcantara’s) was also on board.
The excuse that it was a mere misinterpretation of government regulation does not wash, as mental disability falls within the mantle of the Law on the Rights of Persons with Disabilities. The right to safe and secure transportation is one of them.
Clearly there are 2 mentally retarded characters in this issue – one is Cebu Pacific and the other is the government regulator who crafted the rule. Not the two innocent kids.
To think that the Gokongweis are the more decent among the taipans here in the country. I never heard of them being linked or get involved in scams or politics (except of Robina supporting Lacson, which is understandable). The patriarch, not so long ago even donated a huge sum of his fortune to charity and now this? They’ve got a lot explaining to do and their press statement and apologies alone is not enough.
“The excuse that it was a mere misinterpretation of government regulation does not wash.” – Tongue-twisted
Isn’t there a saying that says: Ignorance of the law excuses no one. Misinterpretation which to me also means stupidity or ‘ignoramous’ doesn’t excuse them too.
Ellen, if I may ask, was there a reason my comment wasn’t approved?
Sorry ellen, I was mistaken, it was just awaiting moderation.
bakit CHR lang ang nagreact sa insidente na to? where are the civil aviation authorities?
bubblesgarfield – January 8, 2010 8:14 pm
I agree with you. In general, it may be awhile before real changes really happens when addressing issues similar to John Arvin. Puro drawing lang kasi itong gobyernong ito and the business groups alike, to give importance to their constituents and consumers. Most of the time, you’ll just get apologies after the fact. We have laws to address this and others, as mentioned by CHR but not enough there to protect the people or consumers. Some in government are lobbyists of these businesses, or act as its protector, and connive to make the laws ineffective at the expense of many. In addition, due to possible intentional neglect or budgetary constraints, our Judiciary takes forever to act to resolve issues like this and a lot of time complicates simple things with technicalities or place the burden, whether on technicalities or otherwise to the complainants, unless you’ll get help from WITHIN. I hope I’m wrong to say this but as far as I have seen or heard about issues like this or not, it’s not hard for me to believe that you can’t get anything favorably, even though you deserve it, from our own government mismo! I thank Ms. Alcantara for filling a suit and for her courage. Hope she will be successful.
ginagawang sacrificial lamb ng mokongwei ang kanilang empleyado sa kanilang maling patakaran, yumaman ang mga mokongwei sa pamamagitan ng panlalamang at panloloko sa kapwa, kaya hindi umaasenso pilipinas, mga nasa gobyerno ay magnanakaw, mga taipan naman gaya ng mokongwei ay mga manloloko ng tao, nagkukunwari pang philanthropist,umiiwas lang naman sa buwis, kawatan talaga, mga empleyado ng mokongwei ay galit din sa kanila
Kailan pa matapos itong ilan decada na pag apak apakan tayo mga filipinos nang mga chinos kagaya ni gokongwei sa atin sarili na bansa?
Jose Miquel marami ring pinoy na nangaabuso ng kapwa pinoy. Let’s not let bigotry influence our thinking to generalize and demonize a race. Lahat ng uri ng tao may karapatan, ang issue ay yung sistema na nakakasama sa marami na pwede naman baguhin.
Sino ba ang may control sa systema nang Cebu Pacific? Hindi ba ang mayari Gokongwei? Sino din mayari nang another airline company, PAL? Hindi ba Lucio Tan? Hindi ba siya ang nag deprive sa mga filipinos nang P26,000,000,000 sa tax evasion na dapat mapunta sa atin mula sa kanyang compania na kumita dito sa Filipinas? Hindi ba ito mga chinos sa ilalim nang Federation of Filipino-Chinese Chamber of Commerce and Industries ang nag tutol sa Congreso na maisama sana ang tax evasion sa lista nang mga crimen sa ilalim nang anti-money laundering law? Sino nayon nag cocontrol nang economia at congreso? This deprived us Filipinos of the opportunity to collect P100 billion. Hindi ba sila ang nag displace nang napakarami na rice farmers na filipino sa kanila hanap buhay sa pagsasaka dahil controlado nila ang rice market kaya sobra baba nang kita nang mga magsasaka at sinurrender na nila kung hindi ang rice farming, ay ang kanila maliit na lupa? Hindi ba kaya puro rice importation na lang ang Filipinas nayon? Gano na kadami ang pumapasok dito na maga chinos cada taon? Gano naman kadami mga filipinos ang na displace nila sa mga retailing cada taon?
Pag pinasok ang aking bahay nang isang familia na tagalabas, at ang mga miembros nang aking familia ay hindi na makagamit nang cocina kaya sa labas nalang nag luluto, hindi na makagamit nag baño at sa labas na rin gumagamit, sasabihin mo ba sa akin, ang akin panganay ay inaabuso din naman ang kanyang mga kapatid? Sasabihin mo ba sa akin ako ay bigot at genegeneralize at dinedemonize itong isang familia? Sasabihin mo ba sa akin lahat nang uri nang tao ay may karapatan? Sasabihin mo ba ay ang issue ay ang systema nang pagamit nang cocina na nakasasama na puede naman may pagbabago?
Ang ibig mo ba sabihin ang problema lang ay kung pano ang systema nang isang particular na compania maayos? Ang pano napunta sa kamay nitong grupo nang mga nagcocontrol at naualan na nang control sa sariling bansa ang original na mga tao nitong bansa– mga filipinos, ay hindi problema?