Delayed flights and the Edca

Mariano Carrasco

WE have heard it too often—airline companies publicly apologizing and announcing that the departure will be delayed because of  “the late arrival of the turnaround aircraft.’’ Because of the delay, appointments and meetings are missed, incomes and opportunities are lost, relationships are damaged, nerves are frayed, and blood pressure goes up. But if the passenger is late, and misses the plane schedule because of Manila traffic or because of the distance of the Laguindingan airport, his fare is forfeited, and his seat is usually sold to a  chance passenger. In law we call it ‘unjust enrichment’.

A law should be passed to correct this injustice. Either the airline companies should be penalized heavily for the delays, or refunds of a certain percentage should be made. In case the passenger misses his flight, he should be allowed to rebook his flight with just a surcharge or penalty of, say, 20 percent on top of the fare cost, instead of a total forfeiture. I remember that was the practice some years back. That is fair enough.

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We should be careful with what we wish for.

Many of us have long wished that some strong-willed leader would appear in the political horizon and perhaps execute summarily the notorious drug lords, pushers, kidnappers, holduppers, rapists, thieves, and plunderers. Duterte has publicly declared he would authorize the police to do the summary killings. With one sweep of the hand, we would have a “new and clean society” without need of going through long-winded and expensive investigations and trials. We would be happier as a people.

But things are easier said and wished than done. The summary execution of  criminals, would mean the police can just arrest and execute anyone they suspect, including the neighbors with whom they have boundary disputes or against whom they harbor a baseless jealousy, or including the radio commentator or mediaman who criticizes the police for misconduct.  Again, such an approach would mean that judges, lawmakers, and critical  mediamen would become useless, and if they become obstacles or would oppose a dictatorship, then necessarily they would have to be arrested or executed without trial. I have pointed this out in an earlier column, and this serious matter can never be overemphasized.

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Many have also wished that we would have a strong and military ally in case of conflict or war with China. Now, it came out in the news lately that the abandoned Lumbia airport here in Cagayan de Oro is being considered as one of the military facilities for the visits of nuclear-tipped warplanes. Now, would we in Cagayan de Oro be any safer because of the presence of a nuclear magnet right here? Those living around Lumbia, specifically, at Xavier Estates, Xavier Heights, Pueblo de Oro, Buena Vida, and Robinson’s estate would be located right at ground zero in case a counter nuclear missile from China lands, or if  a jetplane accidentally explodes together with the nuclear bombs. The wellested residents of Oro Gardens would most likely rise to protest against Edca, the constitutionality of which the Supreme Court has sadly validated. Shouldn’t we join our friends at Oro Gardens in a protest action? And I thought,  both Moreno (and Ayala) wanted the airport to be relocated to Laguindingan because Lumbia is not safe because it is located on top of the hill? It is safe then for the nuclear tipped warplanes and residents around or the city?

Maybe we should rise in protest and demand that the airport be relocated back to Lumbia. Laguindingan is the farthest airport in the entire Philippines, if not entire world. They just fooled us all when they said it is going to be an international airport. It turned out to be just a domestic one, and the landing strips are shorter than the one in Lumbia. Look what public damage and hassle Oscar Moreno and the politicos can do just to please the Ayalas who have purchased almost all lands in Laguindingan for their greedy projects. They have even threatened the farmers who were not willing to sell their lands that eventually their lands would be locked and encircled by Ayala  lands and they would have no more exit or outlet. Many were forced to sell and have become landless. Terrible.

(Mariano B. Carrasco is a lawyer based in Cagayan de Oro.)