"This official is supposed to know everything that transpires in his area."
"This official is supposed to know everything that transpires in his area."
We can thank our lucky stars we had a forward-looking political leader in the person of former President Fidel V. Ramos who applied his military savvy to expand the coverage of the command responsibility doctrine to cover all offices of the bureaucracy.
About halfway in his watch—Ramos was President from 1992 to 1998—Ramos had his aides cut an order meant to institutionalize the command responsibility rule, heretofore essentially enforced in the police and military services that have commanders in all levels of the hierarchy.
Hence, Executive Order 226, mandating government officials to closely monitor and supervise the activities of his subordinates under pain of administrative liability, was set in motion.
That said, let’s now talk about an in-house inquiry at the Bureau of Customs that unraveled the alleged illegal release of some 650 containers, presumably containing high-value commodities at the Port of Manila over a six-month period last year without paying tariffs and duties.
We heard it through the grapevine that the probe team created by Customs Commissioner Leonardo Guerrero has submitted its final report citing certain POM officials’ apparent complicity in the irregularity that could classify as technical smuggling.
In retrospect, lawyer Agustin Sandino Austria, who claims to be a godson of the President, was the district collector and head of the POM prior to his transfer with the same job description to the Manila International Container Port (MICP).
Under the command responsibility rule, Austria could be held administratively liable for neglect of duty at the very least since the unlawful release of the 650 containers took place during his watch at the POM.
As district collector, he was supposed to know everything that transpires in his area of responsibility. Nothing—let alone taxable cargoes—moves without his go-signal.
EO 226 is crystal clear on this issue. The district collector is presumed to have knowledge of the illicit activities particularly when the irregularities have been repeatedly committed within his AOR (area of responsibility).
Austria’s subordinates who might have had a direct hand in the questionable release of the 650 containers through the misuse and abuse of the so-called “ship spares” scheme are without doubt in hot water with the likelihood of facing administrative and criminal charges.
Existing Customs rules and procedures provide that ship spares in transit are exempted from payment of duties and taxes since the affected commodities were supposedly not intended for domestic consumption.
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Here’s another email coming from a disgusted Philippine Airlines passenger, Eddie Pano.
Apparently, his flight was delayed although he did not mention the length of delay and other circumstances regarding his flight. But he sent PAL’s response, through Sasha Saavedra, the airline’s Customer Experience Officer, to his complaint.
And according to Mr. Pano, it was one of the most rude responses he ever got from a customer service as Ms. Saavedra, instead of providing him some consoling words (a standard among customer service officers aka lip service), the latter merely justified the delay saying it was well within PAL’s right to cancel or change flight schedules.
Here is Mr. Pano’s letter:
Mr. Manalo,
I wanted to share with you this letter in response to the worst customer service I have ever received from any business, bar none. PAL is essentially saying that they have the right to cancel or change flight schedules without notice. Although I have earned significant miles from previous flights, I will no longer fly PAL (Plane Always Late).
Eddie Pano
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And here is Ms. Saavedra’s response to him.
Dear Mr. Pano,
Mabuhay!
I am Sasha Saavedra, Customer Experience Officer from Philippine Airlines.
I sincerely apologize for the delay in my reply, and I hope this email finds you well.
I am sorry to learn that your flight was delayed due to additional servicing of the aircraft. This was necessary to ensure passenger safety. Please find the provision herein below as seen in our General Conditions of Carriage.
https://www.philippineairlines.com/AboutUs/LegalNotices/GeneralConditionsOfCarriage/GeneralConditionsFullVersion
Article 9 – Schedules, Cancellation Of Flights
Section 1. SCHEDULES
The flight times shown in timetables may change between the date of publication and the date you actually travel, as shown in the Ticket. PAL does not guarantee these schedules and they do not form part of your Conditions of Carriage.
2. Cancellation, Changes Of Schedule, Etc.
(a) Subject to applicable laws, rules, or government regulations, PAL may, when circumstances so require, cancel, terminate, divert, postpone, delay any flight, alter or omit stopping places shown on the Ticket or in schedules and may without notice substitute alternate carriers or aircraft and PAL assumes no liability for making connections.
(b) If due to circumstances beyond its control, PAL cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a Stopover or point of destination, or causes you to miss a connecting flight on which you hold a confirmed reservation, PAL shall not be liable for losses or damages including any indirect, special or consequential loss, expense or damage.
I am hoping for your kind understanding as we are unable to act favorably on your request for compensation.
Well noted on your inputs regarding our medical equipment inflight. We believe listening to our passengers is the best way for us to learn and improve our services.
Thank you for the opportunity to communicate with you. Despite the way things turned out, we hope for you to continuously fly with PAL.
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Well, maybe it is within their rights to cancel or change flight schedules and hold passengers as hostages. And that is why the Passenger Bill of Rights has to be amended. It clearly serves only one interest—that is not the interest of the passengers.
