Transportation Secretary Vince Dizon on Monday directed the Land Transportation Franchising and Regulatory Board (LTFRB) to file a criminal case against a bus conductor accused of tasering a person with disability (PWD) last week.
“That’s a case. It’s criminal,” Dizon said. “We don’t need the victim to file it. The government itself can already file the case, and I will now direct the LTFRB to file a case through the prosecutor, through the Department of Justice, against the conductor.”
The directive follows an incident on 9 June where a 25-year-old PWD was allegedly ganged up on and tasered inside a Precious Grace Transport bus traveling on EDSA
The incident, which reportedly involved an individual with autism, went viral online and showed the PWD being physically assaulted by several bus passengers, along with the driver and conductor. The PWD had reportedly bitten passengers prior to the assault.
Dizon confirmed that the licenses of both the driver and the conductor have been suspended. LTFRB chairperson Teofilo Guadiz III added that the agency has issued a show cause order, demanding an explanation for the incident from the bus operator and the conductor.
“It is the responsibility of everyone operating a public utility vehicle to ensure the safety of passengers. That’s part of the responsibility. That’s why you are given a franchise, why you are given the opportunity to earn,” Dizon said. “And in what happened here, the Precious Grace Bus Company, along with its conductor and that bus’ driver, did not do that.”
Meantime, the Lawyers for Commuters Safety and Protection (LCSP) on Monday condemned the “inhumane and contemptible act” of a “collective mauling” of the PWD, who was seen helpless, crying, and possibly subjected to a taser or another electrical device inside the bus.
“We call for the immediate investigation and accountability of all individuals involved — particularly the bus driver, conductor, operator, and the passengers who took part in the assault,” the LCSP said in a statement.
Atty. Albert N. Sadili, LCSP spokesperson, told DAILY TRIBUNE that all individuals involved “may be held civilly and/or criminally liable.” He explained that passengers who physically attacked the PWD could face criminal liability for physical injuries under the Revised Penal Code, with specific charges depending on the degree of injury.
Sadili argued that self-defense or defense of a third party would be “untenable” as justifications.
“Under the law, one of the essential elements of self-defense is that the means employed must be reasonably necessary to prevent or repel an actual or imminent aggression,” said Sadili
“Furthermore, force may only be used to stop ongoing aggression. Here, assuming the PWD did bite a fellow passenger, the aggression had already ceased. The video clearly shows the PWD sitting down, crying, and visibly confused — yet the attack occurred after this point. Therefore, there was no longer any aggression to repel, and the repeated assault — including the use of a taser and overwhelming force by multiple individuals — was clearly excessive. Such conduct could even rise to the level of frustrated murder, particularly given the abuse of superior strength and the vulnerability of the victim,” he added.