Berteni "Toto" Cataluña Causing: I sue Cebu Pacific for P1 million for not waking m...

Berteni "Toto" Cataluña Causing: I sue Cebu Pacific for P1 million for not waking m...: I sue Cebu Pacific for P1 million  for not waking me up to take my flight By BERTENI "TOTO" CATALUÑA CAUSING Author of the book "...

I sue Cebu Pacific for P1 million 

for not waking me up to take my flight

By BERTENI "TOTO" CATALUÑA CAUSING

Author of the book "Simplified Libel Law in the Philippines"

I felt disgusted this morning (12 February 2013) because I was left behind by the Cebu Pacific plane that was supposed to take me to General Santos City on a 5:20 a.m. flight.

I checked in at 3:30 a.m. and proceeded right away to a seat at the lobby area of Boarding Gate No. 134 as instructed in my boarding pass.

Unluckily, I felt asleep and not one of the dozen of Cebu Pacific staff attending to passengers for General Santos City woke me up.

Yes, they announced my name several times but I am an ordinary human who cannot hear the announcements when asleep.  Under that situation, it is the awake who had the obligation to take care of the concerns of the asleep as a measure of diligence to comply with the ends of the contract of carriage.

I unconsciously felt asleep on the seat I was sitting on due to lack of sleep that was caused by many works for the clients and the fact that I chose not to take a nap because it would be dangerous for me to take a sleep that I might not be able to wake up early enough to check in.

I succeeded in checking in at 3:20 a.m. and I made sure that I can ride so that I positioned myself in front of the boarding gate. But, I felt asleep.  The Cebu Pacific staffers did not wake up all passengers sleeping at the assigned Boarding Gate No. 134.

I insist justice.  

Cebu Pacific is at fault here because it has a contract of carriage and this contract is one impressed with public interest that Cebu Pacific must ensure their best that I must be able to ride the plane.

They clearly had the last clear chance to avoid damage by means of waking me up but not one of its staffers did.

READ MY AFFIDAVIT