The Cebu Pacific Airlines now faces a civil suit worth P5-million due to an offload attempt done to a child with developmental disability. This happened last December in one of their flights.
The case was filed before the Antipolo City Regional Trial Court on Thursday by Marites Alcantara and her family who were represented by their legal counsel Salvador Panelo.
Last December 23, 2009, Alcantara and her son, John Arvin, were forced by Cebu Pacific’s purser and cabin crew. The mother and son were told to get off a plane bound for Manila from Hong Kong. According to Alcantara, the said crew members plainly told her that John Arvin was a special child and it is stated in their comapany rules that he was banned from boarding Cebu Pacific planes.
According to Panelo, several laws were violated by Cebu Pacific.
He mentioned Republic Act 7277 or The Magna Carta for Disabled Persons or refusing to convey a passenger for his disability.
Another violation, according to him is Article 3 Section 6 of the 1987 Constitution which says that “the liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.”
The Alcantara family is seeking moral damages, exemplary damages, and attorney’s fees and filing.
Prior to this, Cebu Pacific had apologized to Alcantara and her son. The airline stated that “Cebu Pacific has no policy that discriminates against persons with special needs. We taken all the necessary measures to make sure similar incidents do not happen again and that passengers with special needs are properly attended to.”
