LAWYERS for Commuters’ Safety and Protection strongly condemns the recent incident involving a Transport Network Vehicle Service driver who allegedly brandished a knife at passengers.
Based on a viral video and various media reports, a confrontation occurred between the driver and two passengers inside the vehicle, reportedly due to a miscommunication regarding the designated drop-off location. In the course of the verbal altercation, the driver allegedly pulled out a knife. CCTV footage later showed the driver making a motion appearing to attempt to stab one of the passengers.
As of this writing, the Land Transportation Office has already suspended the driver’s license. The vehicle involved has also been placed under alarm by the LTO. Furthermore, the Land Transportation Franchising and Regulatory Board has issued show cause orders to both the operator or registered owner of the subject vehicle, as well as to the Transport Network Company under which the vehicle was operating.
The LCSP strongly denounces this incident and stands with the commuting public in demanding that all responsible parties be held fully accountable. This event raises several legal issues and implications that must be properly addressed.
I. Legal Liability of the Driver
The involved TNVS driver may be held criminally liable under the Revised Penal Code for Grave Threats, based on his alleged act of brandishing a weapon and attempting to stab a passenger. This is in addition to the administrative sanctions and proceedings already initiated against him by the LTO. His actions endangered the lives and safety of his passengers, constituting a serious breach of both public trust and legal obligations.
II. Legal Liability of the Vehicle Owner or Operator
The registered owner or operator of the vehicle may be held civilly and administratively liable.
Civil Liability: Under the principle of vicarious liability, if it can be proven that the owner or operator was negligent in hiring, supervising, or retaining the driver, they may be held liable for the acts committed by the latter during the course of his duties.
Administrative Liability: As the franchise holder, the operator or registered owner may be subject to sanctions for violations of the terms and conditions of the franchise. These sanctions may range from monetary fines to the revocation of the franchise itself, depending on the operator’s record and the number of previous violations, if any.
III. Legal Standing of the Transport Network Company
On the part of the TNC involved, there appears to be no clear or direct legal basis under existing laws to impose criminal, civil, or administrative liability for the act committed by the driver.
To clarify, TNCs do not employ the drivers, unlike TNVS providers or operators. TNCs merely offer a digital platform to match passengers with available TNVS vehicles and drivers. The hiring, supervision, and operational control over the drivers rests entirely with the vehicle owners or operators, not the TNC. Therefore, under current laws and jurisprudence, TNCs cannot be held liable for the independent acts of TNVS drivers using their platform, in the absence of an employer-employee relationship or a finding of gross negligence on the part of the TNC. (TO BE CONTINUED)
