Deaf airline passenger wins in decade long discrimination case

A court has fined a former AirAsia senior cabin crew member for refusing to transport deaf passenger Khalil Haj in 2017, ruling that there was no genuine safety concern to justify treating him differently because of his disability.

On Oct. 29, the Municipal Trial Court in Cities (MTCC), Branch 1, in Puerto Princesa City, Palawan province, found Richie Rojas guilty beyond reasonable doubt of violating Republic Act No. 7277, or the Magna Carta for Persons with Disabilities.

READ: Deaf passenger wins discrimination case vs ex-AirAsia crew

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The court fined Rojas P50,000, the minimum penalty for violation of RA 7277, which provides that a refusal to convey a passenger or to charge him a higher fare by reason of disability amounts to discrimination.

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Landmark ruling

The ruling comes ahead of Deaf Awareness Week, from Nov. 10 to Nov. 16.

Liza Martinez, founder and convenor of the Filipino Sign Language National Network (FSLNN), hailed the ruling as a landmark victory for the Filipino deaf community.

In essence, it challenged airlines’ reliance on safety concerns to justify restrictions on passengers with hearing disabilities, she said.

Haj pursued the case for nearly a decade, even after the two other deaf passengers who were initially offloaded with him reached settlements early in the proceedings.

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Not a flight safety risk

According to Martinez, Haj rejected a reported settlement offer of P500,000 and continued pursuing legal action, without seeking damages.

“In fact, the conspicuous absence of a claim for damages underscores the core of his commitment to this fight since the 2017 incident: Khalil fought for principles and rights, not material compensation,” she said in a statement.

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“Through his perseverance over many years, Khalil has helped change the landscape of the country’s justice system for the deaf and other persons with disabilities,” Martinez added.

READ: CSC reminds gov’t agencies: Provide PWD lane

The case stemmed from the offloading of Haj, who is a deaf advocate, and two other deaf Filipinos from an AirAsia’s Cebu flight in Puerto Princesa City on May 30, 2017. They were set to attend a conference of the Filipino Sign Language Association in Cebu.

In its ruling, the court rejected the defense’s justification that Haj’s inability to hear posed a safety risk to the flight.

“The court is not convinced that there was any genuine safety issue with respect to the complainant. There is no sufficient basis to hold that the complainant had acted in a manner that would jeopardize the safety of the flight,” read the decision penned by Presiding Judge Ma. Rowena Socrates.

Excerpts of the decision were made public by Haj and FSLNN last week.

The court also noted that Rojas admitted Haj was not violent and had not harmed her or any other passenger.

‘Self-reliant passengers’

It also ruled that although the cabin crew member might have been offended by what she described as Haj’s “fierce look and seemingly emphatic reactions,” the passenger was also likely offended at being singled out and treated differently because of his hearing ability.

“Although the accused may not have acted out of malice or with the intention to inconvenience or shame the complainant … the court has come to the conclusion that she intentionally refused to transport the complainant on account of his hearing disability,” the court said.

“Thus, her act constitutes a violation of RA 7277,” it added.

The court also cited AirAsia’s own ground operations manual, which considers deaf persons as “self-reliant passengers,” and allows them to refuse escort assistance. An able-bodied companion is required only for groups of four or more deaf passengers. Haj’s group had only three members.

‘Discrimination against law’

In 2017 Haj filed a case against Rojas with the MTCC in Puerto Princesa.

The case was delayed for a decade after the respondent elevated it to the Court of Appeals and the Supreme Court disputing its probable cause. Both courts upheld Haj’s position, before remanding the case to the lower court for trial in 2025.

In a statement on Friday, the National Council on Disability Affairs (NCDA) called the decision “a powerful affirmation of equality, dignity, and inclusion for deaf Filipinos and all persons with disabilities.”

“This ruling makes it clear that discrimination against persons with disabilities will not be tolerated and is against the law. Equal access to transport is a right, not a privilege,” it said.

The NCDA urged all airlines to train staff, review policies and ensure every passenger is treated with dignity. It also called on the aviation sector to adopt a mandatory disability inclusion training and clear accessibility grievance channels.

Martinez credited the De La Salle University Law Clinic, led by lawyers Gregorio Viterbo and Ricardo Sunga, and several batches of law student practitioners for providing pro bono legal assistance.

Volunteer Filipino sign language interpreters, disability rights advocates, civil society organizations and organizations of persons with disabilities also supported the case.

A resident of Murcia, Negros Occidental, and a graduate of the University of Negros Occidental-Recoletos, Haj previously taught deaf students for seven years at the Sulads Deaf Literacy Center in Malaybalay City, Bukidnon.

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He also advocates for the use of Filipino sign language in medical services and emergency response and volunteers with the Philippine Red Cross. INQ