5J971 Victims Versus 5j971 Survivors

The 5J971 Crash Victims Assoc, Inc officers headed
by (from right) Andrew Bautista during a Presscon
which according to them will be their last media
 exposure | Newscope

After the Cebu Pacific flight 5J971 overshot and skidded off the runway last June 2, 2013, the traumatized passengers created a group called the 5J971 Crash Victims Assoc.Inc. Set of officers were also elected while the name is now registered in the Security Exchange Commission. 

While the roller coaster CebuPac overshot issue occupied the news space for several weeks now, there is another angle that the local media are focusing- the creation of another passengers group calling themselves as 5J971 Survivors. Its leaders were once part of the former. Reasons? Well, take a cup of coffee while reading the following official statement of the 5J971 "victims" prepared by its president Andrew Bautista. He mentioned also a timeline of some important events. ( I am still waiting for the new group to send me their response / reactions to this).

SO THE PUBLIC MAY KNOW

WHY THERE ARE “VICTIMS” AND “SURVIVORS”

            I am speaking as the President of the 5J971 Crash Victims Associations, Inc., who has personal knowledge of the series of events which now resulted to the formation of two (2) factions of the passengers of that Cebu Pacific Flight 5J971 which crash-landed at the Davao International Airpo]rt in the evening of June 2, 2013. I feel that there is compelling reason to explain to the victims on both sides and to the public in general because the impact of what we are claiming will also affect future claims by riding public who might be put in a similar or even worse situation.

            In their media interview, that group who called themselves “survivors” headed by Jess Delgado and assisted by their counsel atty. Mike Cataños would like to portray to the public that they have formed another group because they did not like what the original association, the “victims”, did when it asked for a compensation of 1 million pesos per passenger, and that they have been broken away because their main concern is only to effect in the way Cebu Pacific handles its passengers. In other words, the “survivors” would like to make us, the “victims”, appear that we are all for the pecuniary compensation while their group, the “survivors” would be assuage by mere “change in the system” in Cebu Pacific without seeking monetary compensation for all the trauma, shock, anxiety and hardships that we suffered during and after that unfortunate incident.

            I have to make the records straight, and this is the truth as it is factual. For unknown reasons, the “survivors” group had already broken away from our original association of the “victims” even before the compensation demand of 1 million pesos per passenger was agreed and sent to the management of Cebu Pacific.

            The demand for compensation was done on behalf of the association, consisting of about of about 42 members now, without including the group to which Jess Delgado belongs. But Delgado’s group of “survivors” went out to the media because he was protesting that his face was shown on television at the same time that the victim’s demand for compensation was announced. He said that he and his group should not be associated with our demand because they have not consented to the amount we are demanding but that his group only wanted that change be affected with, by, and in, Cebu Pacific in the system and manner it handles its riding patrons. I think that the media could not be faulted for it because my face as the president of the association was also on the same old video clip.

            Here is the background.

On June 4, 2013, we, the victims, had our first meeting with Atty. Robert de Leon to guide us on what to do. This was followed by an election of the set of officers for the association (5 971 CRASH VICTIMS ASSOCIATION) that we were going to form. I was elected as the president and Jess Delgado was elected as the Press Relation (PRO). When Atty. De Leon asked all of us whether we were actually hiring him as our lawyer, all of us said YES during the meeting. During the presscon held after that meeting, Jess Delgado even mentioned the name of Atty. De Leon as the association’s legal counsel which is on record. The following day, Atty. De Leon agreed to be interviewed by the media with our assurance of engagement.

            Sometimes on June 6, 2013, the association had another meeting but this time Atty. Mike Castaños together with his lawyer wife joined. They were there supposedly to represent only one passenger, Ms. Bing Harris, who is their client. During the said meeting, however, Atty. De Leon as the legal counsel of the association, with the agenda which I later found out, to elect a new set of officers. It was like a “coup de etat”. Fortunately, one of the members called me up to join them. I went immediately and I saw the agenda on the board.

            The following day, the group decided to call a meeting with the lawyers to ask them if they could work together. For differences in their legal opinion and strategies, the lawyers explained to the group that this set up is not feasible.

            Frankly, we are already satisfied with the number of members of our 5J 971 CRASH VICTIMS ASSOCIATIONINC. We had already replaced the positions of Jess Delgado, as PRO and Ms. Bing Harris, as Treasurer. The numbers do not matter to us. What is important to us is the trust and confidence and the conviction of each of our members. The “survivors” group has the freedom to join or not our association, anytime.

            I know the feeling of a victim and as a father who saw my wife and children suffered the ordeal of a crash. I know that in each of the victim’s hearts, we fell that we deserve some compensation for the emotional injuries that we have suffered. And that we do not want this to happen again to the other riding public. We also want to change the way Cebu Pacific handles its passengers in harrowing situations such as what we went through on that fateful evening of June 2, 2013. Change must of course be implemented forthwith by Cebu Pacific under strict supervision and close monitoring of the government agency concerned. We have already done our part.

            Now, let us examine the details of concern events which led to the division of the traumatized passengers.

           

Was it proper for Jess Delgado, Chief Engineer (not a captain) Bo, and Atty. Mike Castaños to have conducted a meeting on June 9, 2013? Do you think that it was

proper and ethical? Jess Delgado who is in the academe and who had announced in our meetings that he was expected to be promoted to a deanship position in the Ateneo de Davao University should have known better. As an expectant dean of a prestigious university, he should have set a good example by promoting transparency even in simple transactions such as this, isn’t it? Why did he allow that meeting to proceed without my knowledge as the president of the association? I can only surmise that I was not informed of that meeting precisely because the main agenda was to replace me as the president and to replace Atty. De Leon with Atty. Mike Castaños as counsel of the association. Prior to this, I have even informed the group that I was willing to step down as president if Jess Delgado wants my position for the sake of unity.

Again, with the numbers that we have, we can proceed with our claim with our claim against Cebu Pacific. The passengers are free to associates or not to associates with our “victims” association. Surely, we want Cebu Pacific to institute change in the manner it deals with its customers and passengers, with or without catastrophy; real change that puts passenger welfare on top above all else. But on the reality side, we insist on our demand for compensation for the trauma, shock, anxiety, and emotional injuries that we suffered because of that accident and the apparent mishandling of our situation immediately after that incident.

In the past few weeks, I had the opportunity also to talk to 3 judges who were my visitors here in Davao City. What did they tell me when I asked them about the actions taken by Atty. Mike Castaños? They said that Atty. Castaños, as a lawyer, should have known that he could be guilty of ambulance chasing which is an unethical solicitation of legal services to others who were already represented by counsel. Well, the facts will speak for truth. In the beginning, he was only there to represent Ms. Harris as his client. Yet, in complete disregard of the presence of Atty. De Leon who was already engaged by the association as its counsel, Atty. Mike Castaños let out ethical considerations. Now he had the other group of passengers who called themselves “survivors”.

I have been in the real estate business for a while and I know even real estate brokers have business ethics to follow too. My visitor judges told me that lawyers had even code of professional ethics to abide with.

I just hope and pray that with this information my fellow victims would enlightened and know the kind of leaders that they follow.