International embarrassment

What is happening at Ninoy Aquino International Airport (NAIA) is really so shameful. Even the United Nations has already issued a warning to its staff about the “tanim bala or laglag bala” incidents occurring there almost every day. This practice of slipping bullets inside the passengers’ bags and then extorting money from them if these bullets are discovered by airport security is another big black eye to the reputation of our country and people. Netizens have even ridiculously named our airport as the “Laglag Bala International Airport.”

More shameful and even disgusting in this regard is the reaction of Department of Transportation and Communication Secretary Joseph Emilio Abaya on this nefarious practice. He said it is being blown out of proportion since the 1,700 reported cases merely constitute about 0.004% of the total arrivals. His response once more confirms that this administration’s actions or inactions are determined by statistics rather than by whether they are inherently right or wrong and/or whether they are for public interest or not.

This administration apparently thinks that there is no pressing need to act right away if only a negligible amount of wrongs are being committed. To them, an isolated wrongful incident need not be acted upon right away. They believe that only when the case has reached scandalous proportions should it be addressed and solved. Obviously, this is one of the reasons for the increasing number of malfeasances and irregularities plaguing this daang matuwid of Aquino III.

This laglag bala scandal has indeed caused international notoriety and embarrassment to our country. Only in the Philippines indeed is this con game perpetrated. It has evidently deterred foreign tourists from visiting our country. But over and above this is the uncontrollable fear it has wrought on Filipinos particularly balikbayans and overseas Filipino workers (OFWs). Most, if not all of them have become wary of going back or visiting our country because of the thought that they might be the next victim of this illegal operations when they arrive or leave the country.

To be sure, even my son Jolly Sison and his wife Jane and their children who are living in South Carolina, USA and scheduled to visit us this Christmas season, have become aware of these incidents and have adopted necessary precautions just in case. They plan to ask for the presence of a lawyer before allowing any of their bags to be opened. Then if “planted” bullets are allegedly detected inside any of their bags, they will request the airport security people that the bullets be fingerprinted first before confiscating and taking them away, so that if it turns out that none of their fingerprints are found thereon, their lawyer can take the necessary legal actions.

Undeniably, this shameful and anomalous practice cannot obviously happen without the knowledge or tolerance of the airport authorities especially because it has been going on for several years already. There is apparently some similarity between these incidents at the airport and the discoveries of so many firearms and contrabands inside the Bilibid Prisons. Both cannot happen and remain unchecked without the knowledge or consent of the proper authorities. They recur again and again obviously because the authorities look the other way.

The tanim bala operations continue to grow and prosper also because very few or nobody complains. Those involved are well aware that their intended victims would not like to miss their scheduled flight so they would rather shell out money than entail more expenses in time and money due to delays and disruptions if they will denounce the incident.

Besides, as pointed out by Mr. Peter Mutuc who served in various capacities in airport security specifically as Airport Security Officer in charge of compliance with the ICAO-SARPS,  the victims do not even know where to lodge their complaints and which is the right law enforcement agency accountable and responsible for airport security. Although the Philippines is a member of the International Civil Aviation Organization (ICAO) under obligation to comply and implement the International Standards and Recommended Practices (SARPS) on airport security, it seems that we are not observing said SARPS. Several law enforcement agencies appear to be enforcing laws relative to keeping peace and order and providing security at the NAIA.

On Dec. 3, 1992 the Department of Justice (DOJ) has already come out with the legal opinion regarding this issue upon request of the PNP-Aviation Security Group (ASG-PNP) which was created pursuant to RA 6975. The DOJ opined that under Section 37 (b) of said law, the operational control and supervision of the ASG-PNP refers mainly to the operations relating to the securing of “all airports against offensive and terrorist acts that threaten civil aviation.” But the “operation relating to the general security and peace and order at the airport premises is primarily lodged in the Manila International Airport Authority (MIAA), through the Airport Security Center (ASC) created under Executive Order 125.

The problem however arose again when the Office of Transportation Security (OTS) under the DOTC was created under EO 311 designating it as the “single authority responsible for the security of transportation systems of the country. After the OTS was created, the NAIA security status was assessed by the US Transportation Security Agency (TSA) in June 2005 upon request of the MIAA. And the TSA found out that NAIA security has failed to “maintain and sustain the ICAO Standards. Specifically,  the following deficiencies and violations have been found:  (1) lack of training of supervisors and airport police in screening procedures and techniques.:  (2) lack of “lock and key control” in conveyor doors, boarding gates and aerobridge  doors; and (3) failure to establish permanent position for an Airport Security Officer and Staff.

Obviously, the creation of the OTS and designating it as the appropriate authority for civil aviation in the Philippines is inappropriate and inconsistent with the general principles and objectives of the ICAO. Except for the development of an Airport Security Program, the NAIA security status is the same ten years ago. But the GM of NAIA or the President of the Philippines has not taken steps to abolish the OTS which is obviously unnecessary.

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