With luck, one can have AudioProtect recordings to back up your story—but in most cases, it’s their word against yours in the social media court of public opinion
Last month, a high school student accused her Grab driver of masturbating during their trip. In a now-deleted post, she recounted that she felt threatened after hearing squishing sounds, labored breathing, and seeing only one hand on the wheel. She promptly left the vehicle together with her sister and reported the incident to Grab Philippines.
The viral post, which was made shortly after they left the car, included the driver’s full name and vehicle details.
Jerricho Narvaez, the accused Grab driver, later denied all allegations, claiming the sounds the student heard were due to his health conditions.
“Ako po ay overweight, may hika, at high blood. Kakagaling ko lang mag-hapunan at dahil sa kabusugan ay hinihingal. Naiintindihan ko kung paano ito maaaring ma-misinterpret ni Ms. Daniella,” said Narvaez in a Facebook post.
Narvaez was later temporarily suspended but was eventually cleared of all allegations and reinstated. An assessment of the platform’s AudioProtect recordings, together with the driver’s performance history, revealed that the findings did not corroborate with the student’s account of the incident.
The official statement by Grab Philippines reads, “In light of these findings, the driver-partner’s account has been reactivated. Furthermore, he will be compensated for the earnings lost during the suspension period, in accordance with our standard operating procedure.”
Navigating false accusations when you’re on the receiving end of it
In hindsight, though the accusations made by the high school student were destructive in result, these came from circumstances women are all too familiar with. Especially when cases such as a Grab driver robbing and raping a tourist exist—one can even say it was better to have been safe than sorry.
But there’s no going around it, false accusations remain untrue and these can cause significant damage to a person’s livelihood, reputation, and opportunities. With luck, one can have AudioProtect recordings to back up your story—but in most cases, it’s their word against yours in the social media court of public opinion.
What can you do if you’re on the receiving end of a false accusation? Who do you turn to if there are no available services and institutions (like Grab’s customer/driver support) to clear your name? Here, we enlisted the expertise of senior partner at Calleja Law Office Atty. Connie Aquino to discuss the various legal remedies available at one’s disposal.
“Especially in the height of social media, it is very easy to accuse a person. Often, the accusations are posted online without proof, and are usually derived by emotions. Needless to say, every person must be cautious before making any inaccurate and false assertions against another, especially if the act accused of is an offense punishable by law,” says Atty. Aquino.
Legal remedies to keep in mind
When falsely accused of an offense punishable under the Philippine law, Atty. Aquino says: “The victim may file a criminal case of perjury under Art. 183 of the Revised Penal Code.” This is applicable in cases where the accuser made the false statement while under oath in a legal proceeding.
“In case of a fabricated police report or false affidavit with the intent to mislead others, including authorities, the accuser may also be criminally liable for falsification of documents under Art. 171 of the Revised Penal Code,” adds Atty. Aquino.
Additionally, she says that they can also be criminally liable for slander for oral defamation and libel for written defamation under Art. 358 of the Revised Penal Code. The document maintains that both cases are distinguished by severity and, when identified to cause significant harm to a person’s reputation, constitutes a higher penalty.
However, when falsely accused through online platforms like websites and social media, the accuser may also be liable for committing cyber libel in violation of R.A. 10175 or the Cybercrime Prevention Act of 2012. Keep in mind that cyber libel carries a heavier punishment compared to traditional libel, where, if found guilty, the sentence is up to a period of eight years in prison.
Lastly, Atty. Aquino says, “The accused may also institute civil damages for the emotional suffering, damage to reputation and/or financial losses he/she may have suffered by reason of the false accusation.” She continues that “such claim for damages may be by way of moral and exemplary damages, as provided under the New Civil Code.”
Prudence above all else
“Should a person fall victim to a false accusation, it is best to document all communications, posts, and statements made by the accuser,” Atty. Aquino says,
“While it is human nature to spring into emotions and engage in arguments against the accuser, the accused is encouraged to refrain from any form of retaliatory acts, and instead seek the advice of a lawyer to know ways on how he/she can protect his/her interest.”