The Bureau of Immigration (BI) is considering filing charges against an unnamed airline company for security breach that let a foreigner escape despite being an undesirable alien.
Commissioner Norman Tansingco Tansingco issued the statement after a Congolese passenger, who was earlier excluded, managed to leave the Ninoy Aquino International Airport Terminal 3.
The foreign national, identified as Tshapa Guimick Basaga, 31, was denied entry into the country on June 18 after arriving from Ethiopia for being likely to become a public charge.
Following immigration law, he was immediately turned over to the airline for boarding on the next available flight back to his port of origin, and was temporarily held at the airport’s day room before his return flight.
However, the airline on-duty security guard informed BI Border Control Intelligence Unit (BCIU) officers Monday evening that Basaga was missing from the airline’s custody.
Basaga was able to leave the airport premises and was able to proceed to the taxi bay outside.
He was later found inside the airport terminal again, after attempting to go to the immigration area to retrieve his passports.
“This is a major security breach as the subject has been denied entry, yet was able to exit airport premises undetected. By law, it is the airline’s responsibility to secure him and ensure that he boards his flight back,” he added.
Tansingco confirmed that Basaga was able to board his flight back to Ethiopia without informing the bureau.
The BI chief said that their legal team will study sanctions to be imposed against the airline.
Meanwhile, Senator Francis Escudero expressed openness to the proposal to pass laws that would institutionalize the air passenger’s bill of rights and impose stiffer penalties on violators amid the growing number of complaints by travelers of poor airline service.
The senator said it is about time Congress look into legislating the air passenger bill of rights, a proposal that was backed up by the Civil Aeronautics Board (CAB) at the hearing conducted jointly by the committee on tourism and the committee on public services chaired by Senators Nancy Binay and Grace Poe, respectively.
“Similar measures had been filed in a previous Congress but nothing happened. It is about time that we in the 19th Congress should look into this seriously and… pass the necessary legislation,” Escudero said.
During the hearing, CAB Executive Director Carmelo Arcilla said the violations and penalties in the 71-year-old Republic Act 776 or the “Civil Aeronautics Act of the Philippines” have not been revised and limits the fine to P5,000 for each violation.
On the other hand, the airline passenger bill of rights was not legislated but contained in the Joint Administrative Order No.1 of the then Department of Transportation and Communications (DOTC) and the Department of Trade and Industry (DTI) in 2012.
Specifically, the air passenger bill of rights protects air passengers from problems in the airport, such as delayed or canceled flights without appropriate warning, lost luggage, and overbooking of flights, among others. It also covers pre-flight issues, such as misleading fare advertisements.
At the hearing, which tackled complaints lodged by passengers on delayed and canceled flights, overbooking, offloading, offboarding and lost luggage, airline representatives acknowledged the challenges faced by their companies and issued separate public apologies for the inconvenience brought to the affected passengers.
Airline officials also informed the senators that the are undertaking measures and are coordinating with concerned government to address the situation effectively. Present were officials of Philippine Airlines, Cebu Pacific, and Air Asia Philippines.
Cebu Pacific chief commercial officer Alexander Lao, whose airline was the subject of most complaints, said the flight delays and cancellations during the past months was caused mainly by supply chain issues such as the global shortage of airplane components and spare parts.
In the House of Representatives, Deputy Minority leader France Castro filed a bill that calls a uniform scheme for refund and rebooking of airline tickets in flights affected by prolonged natural disasters or pandemics.
Castro, nominee of the ACT Teachers party-list group, said the bill aims to protect the rights and interests of airline passengers by providing them with a clear and uniform set of guidelines for refund and rebooking of their tickets in case of prolonged natural disasters or pandemics.
It also seeks to ensure that airlines are held accountable for any disruptions caused by these events, Castro added.
“During times of natural disasters or pandemics, airline passengers are among the most vulnerable. They are often left stranded and unsure of what their rights are when it comes to refunds and rebooking of their flights,” Castro said.
She said the proposed Pandemic Airfare Relief Act seeks to address this by providing a clear and uniform set of guidelines for both passengers and airlines to follow.
She added that this bill is particularly important given the ongoing COVID-19 pandemic, which has disrupted air travel and left many passengers stranded or unable to travel as planned.
The measure was first filed in the 18th Congress by Bayan Muna and other members of the Makabayan bloc.
Castro led the Makabayan bloc in filing the bill in light of mounting complaints against Cebu Pacific’s offloading and booking glitches.
Also on Thursday, Philippine Airlines said it is canceling its flights at the Ninoy Aquino International Airport to and from Cotabato effective Thursday (June 22) until further notice following the closure of Awang Airport runway due to damaged asphalt overlay.
PAL’s daily flights PR-2959 and PR-2960, and flights PR-2957 and PR-2958 scheduled on July 11 are affected.
Also suspended were flights PR-2223 and PR-2234 (Cebu – Cotabato – Manila) scheduled every Monday and Thursday, and flights PR 2487 and PR-2488 (Cotabato – Tawi-Tawi – Cotabato), also scheduled every Monday and Thursday.
“For the safety of our passengers, PAL has cancelled the following domestic flights to and from Cotabato City effective from 22 June 2023, due to the closure of the runway at Cotabato’s Awang Airport for urgent repairs of the asphalt overlay,” the PAL management said in a statement.