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Author Topic: Another Special Child's Mom to sue Cebu Pacific  (Read 2886 times)

mistyeyed

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Another Special Child's Mom to sue Cebu Pacific
« on: January 10, 2010, 02:05:17 PM »

abs-cbnNEWS.com | 01/08/2010

MANILA, Philippines - Another mother is readying charges against the Gokongwei-led airline Cebu Pacific for trying to force her and her special child off a Manila-bound flight last December 23.

Stella Santos told ABS-CBN's Umagang Kay Ganda that she and her son Harvy, who has Down syndrome, was in the same Cebu Pacific flight with Marites Alcantara and her son, John Arvin, a special child with Global Developmental Delay.

Santos said she was also approached and asked by a Chinese-looking flight crew to get off the plane. She said the crew did not fully explain why they were being asked to board another flight back to Manila.

"I refused to agree with them. I said 'If you will push through with this, I will sue you. This is our right,'" she said, breaking down into tears as she recalled the humiliating experience.

Santos said that she later found out that they were being asked to get off the plane because of the presence of another special child.

She said that she was told by other passengers that according to the plane's crew, it was against the airline's policy to have 2 "mentally-ill" passengers in the same flight.

Alcantara, in a news item aired over ABS-CBN's TV Patrol World on Wednesday night, said that the purser and cabin crew of the Cebu Pacific plane kept repeating that her son is banned from the plane because he was mentally-ill.

"They have a manual daw. Bawal daw sumakay ang mga mentally ill...pilit nila kaming pinapababa na para kaming kriminal na kulang na lang ay hatakin palabas ng eroplano 'yong anak ko (They said they have a company manual, which states that mentally ill people are not allowed inside the plane...they pressured us to get out of the plane as if we were criminals.)," she told ABS-CBN News.

Alcantara, however, said that her son's condition called Global Developmental Delay, is not considered as a mental illness.

"Kahit sinong psychiatrist ang tanungin mo, walang mali sa anak ko. Hindi siya considered mentally ill...lumuluha na lang siya when they humiliated us. Ang sakit-sakit na nanay ka tapos pinoprotektahan mo anak mo, pero may gumaganyan sa kanya (You can ask any psychiatrist and they would all say that nothing is wrong with my child. He is not considered mentally ill. He was crying when they humiliated us. It really hurts for a mom when people treat her child like that)," she explained.

The airline has issued a written public apology for the incident. It said the incident was "a result of the cabin crew's misinterpretation of government regulations designed to assure the safety of passengers."

"Cebu Pacific has no policy that discriminates against persons with special needs," Cebu Pacific added.

Four round-trip tickets

Santos said that after news about the incident broke out, she received a call from the Cebu Pacific management. She said the airline apologized repeatedly and even offered her 4 free round-trip tickets.

"Salamat po sa offer pero ang kahihiyan namin, iyong nasaktan ang anak ko sa ginawa nila. (Thank you for the offer, but with the humiliation my son experienced)," she said, adding that free roundtrip ticket would not be able to convince them to forget the humiliating experience.

Santos said she had already talked with her lawyers and they are already preparing charges against the flight's crew and the airline.

Alcantara's lawyer, Salvador Panelo, had also said that they will file charges against the airline and its crew for violating Republic Act 7610.

"Bawal ang ginawa nila according to Republic Act 7610. Protected di lamang ang special children kundi children mismo sa batas na iyon. (What they did was not allowed, according to Republic Act 7610. That law not only protects special children, but all kids as well)," said Panelo.

as of 01/08/2010 4:45 PM



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mistyeyed

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #1 on: January 10, 2010, 02:07:29 PM »
Kalooy pod sa inahan,dili raba intawon niya gusto nga mag bitbit ug ing-ani nga klaseng bata kay kapoy kaayo e handle ni sila tapos dili pa jud tarungon ug pasabot/assess sa uban natong kapwa pilipino.Unsa kahay ilang bation if naa pod silay ing-ani nga anak.

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jorgeanna

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #2 on: January 10, 2010, 05:44:58 PM »
i never heard that such rule ever existed... basig misinformed lang ang mga crews

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indaymen50

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #3 on: January 11, 2010, 01:32:43 AM »
Kulang  sa  customer  service  ethics and  orientation to  the law ! Sobra  ra pod  nang ilang  gibuhat. maajo  na  sila  sagpaon  ug lawsuit!!  I  am  with the  parent of  the   child. Very  inhuman!

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Raquelproud boholana

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #4 on: January 11, 2010, 10:56:58 AM »
Di lang Cebu Pacific ang insensitive sa mga special needs bisan sa airport sa atua daghan insensitive  Wala koy special child pero akong anak special nako twice ko naka encounter ug insensitivity sa part sa guard sa airport.Akong anak laki sa screening ingbaypass sa usa ka guard pastilan ang tingog sa guard murag naabot sa gawas.Iyang giyawyawan akong anak dako kaayo ug tingog kulang nalang iyang pusilon.Nag stay cool ra jud ko pero I was boiling inside.

Maayo nga ing file ug lawsuit ang gibuhatan sa Cebu Pacific sa ingon.Kining ilang mga stewardess mga dagway ray gaajo. I hope they will fired them too labi na tong stewardess nagpanaug.

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juliusgregory

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #5 on: January 11, 2010, 12:52:47 PM »
What? Only an apology and four round trip tickets? Cebu Pacific management must be joking.

Cebu Pacific must learn its lesson and must pay the price for this indignities. A five (5) million verdict is just and reasonable to compensate the mental anguish, bismirchment, wounded feelings of the child and the mother. For they will forever remember that fateful day that they were discriminated and almost dragged out of the plane.

"Passengers have the right to be treated by the carrier's employees with kindness, respect, courtesy and due consideration. They are entitled to be protected against personal misconduct, injurious language, indignities and abuses from such employees So it is that any discourteous conduct on the part of these employees toward a passenger gives the latter an action for damages against the carrier." (Korean Airlines Company vs. Court of Appeals, G.R. No. 114061.  August 3, 1994)

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #6 on: January 11, 2010, 12:58:02 PM »
"Airline companies are hereby sternly admonished that it is their duty not only to cursorily instruct but to strictly require their personnel to be more accommodating towards customers, passengers and the general public. After all, common carriers such as airline companies are in the business of rendering public service, which is the primary reason for their enfranchisement and recognition in our law. Because the passengers in a contract of carriage do not contract merely for transportation, they have a right to be treated with kindness, respect, courtesy and consideration. A contract to transport passengers is quite different in kind and degree from any other contractual relation, and generates a relation attended with public duty. The operation of a common carrier is a business affected with public interest and must be directed to serve the comfort and convenience of passengers. Passengers are human beings with human feelings and emotions; they should not be treated as mere numbers or statistics for revenue. (Saludo, Jr. vs. Court of Appeals, G.R. No. 95536,  March 23, 1992) (Emphasis mine)

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Mulligan

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #7 on: January 11, 2010, 01:13:56 PM »

Maayo ni sila labayon ug dagko nga kalamay sa Jagna m'am Inday.  Hehe

Kulang  sa  customer  service  ethics and  orientation to  the law ! Sobra  ra pod  nang ilang  gibuhat. maajo  na  sila  sagpaon  ug lawsuit!!  I  am  with the  parent of  the   child. Very  inhuman!

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #8 on: January 11, 2010, 08:14:13 PM »
I can´t believe this because this tantamount to violation of human rights.

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #9 on: January 12, 2010, 01:19:39 AM »
paita diay ani no? kinahanglan pa ka mag inquire sa airline kung naa bay laing special nga nakasakay aron adto naka sa sunod flight.

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mistyeyed

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #10 on: January 12, 2010, 02:11:08 PM »
Nakurat bitaw ko ani nga news nga manong wa man kabalo ang cebu pacific staff sa law. Nga diba ug mga ing ani nga cases mas hatagan man gani ug attention ug mo sakay. Naka try ko sauna ug escort ug special child for manila sakay ug PAL but sa ako experience nindot man kaayo ang ilang treatment,gi asikaso pa me sa stewardess ug maayo nya ingon sila ug any need namo mo call rame nila. Nagkadugay na hinuon ug nagkadaghan na ang special children sa Pinas, na discriminate na hinoon.pastilan. :o

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indaymen50

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #11 on: January 12, 2010, 11:13:09 PM »
Maajo   nang  patagmon...that's  how  they  learn  and  realize  nga  human beings are  to be treated  with  dignity and respect . I  have  a  lot  of foreign friends  who  really spoke  very highly  about  the  courteousness   and  respectfulness sa mga  Filipinos  whom  they  encountered  when they  came  to  visit   our  country....ang  ato  na  hinuong  mga  kaugalingon  nga kababayan  ang  i-discriminate....that's sad!

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #12 on: January 13, 2010, 12:14:58 AM »
Nakurat bitaw ko ani nga news nga manong wa man kabalo ang cebu pacific staff sa law. Nga diba ug mga ing ani nga cases mas hatagan man gani ug attention ug mo sakay. Naka try ko sauna ug escort ug special child for manila sakay ug PAL but sa ako experience nindot man kaayo ang ilang treatment,gi asikaso pa me sa stewardess ug maayo nya ingon sila ug any need namo mo call rame nila. Nagkadugay na hinuon ug nagkadaghan na ang special children sa Pinas, na discriminate na hinoon.pastilan. :o

because they are aiming for quantity and not for quality.

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #13 on: January 14, 2010, 11:23:19 PM »
I think what they are getting at is mental which means dealing with the mind rationality.

I think they are referring to such mental illnesses as Bi-Polar, Schizophrenia disorders do to the instability of these persons.

I think also this is a case of Filipino not knowing what they are doing or knowing the difference between physically and menatly impaired children.

In recent scares with airline passengers creating problems are those adults who have uncontrollable or erratic emotional dis-orders. Sometimes these persons are very unpredcitable if not properly being medicated or having some sort of psychotherapy.

These Filipino attendants need to be properly trained and be taught what are the differences.

A little kid is not going to hurt anyone if his parent has him under control to the best of ability.

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #14 on: January 15, 2010, 02:02:59 AM »
They need  some  seminars  and  in-services for  sure...one  has  to  be  an  expert  to  diagnose  a  mental illness.  They  have  to  have  at  least  a  degree  or  a  certification  from an  extensive  training  to  do  so.


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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #15 on: January 17, 2010, 07:15:15 PM »
I agree Indaymen50 with what you are saying as far as seminars go but is psychology course not required for 99% of school subject courses here in the Philippines?

Even  brush-up Inday would do most people a lot of good so that misjudgement is not an unfair or mistaken practice in this world.

Than You for the back-up support on my reply to post.

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indaymen50

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Re: Another Special Child's Mom to sue Cebu Pacific
« Reply #16 on: January 18, 2010, 01:35:08 AM »
Hi JellyBean! Mahinumdom  man  ko  ni  Reagan  anang  imong   username...

BTW, Yes, it's  the  airline's  responsibility  to   hire  the right people  with  credentials and  orient  them well  to  the  policies and procedures  of  the   company before  they  send  them  to  deal  with  the  future  problems. Those  employees  should  demand  this from  Cebu  Pacific !!

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