Uber driver answers harassment raps: ‘We’re taught to be friendly’

December 19,2016
FILE - In this Tuesday, Dec. 16, 2014 file photo, a man leaves the headquarters of Uber in San Francisco. Drivers for Uber and other companies most often are considered independent contractors who are self-employed. Rather than receive a W-2, they’ll get a 1099 form reporting their income.  (AP Photo/Eric Risberg, File)

FILE – In this Tuesday, Dec. 16, 2014 file photo, a man leaves the headquarters of Uber in San Francisco. Drivers for Uber and other companies most often are considered independent contractors who are self-employed. Rather than receive a W-2, they’ll get a 1099 form reporting their income. (AP Photo/Eric Risberg, File)

The Uber driver who allegedly harassed the daughter of a ranking government official in November denied the allegations during a hearing  at the Quezon City prosecutor’s office on Thursday.

In a four-page counter-affidavit, driver Juanito Bornillo said the complaint filed by the 20-year-old woman was full of fabrications.

Bornillo was charged with a criminal complaint in violation of City Ordinance No. 2501, the local Gender and Development Code, which penalizes sexual harassment with fines ranging from P1,000 to P5,000 and a maximum jail term of one year.

The complainant is the daughter of Assistant Secretary Rommel Abesamis of the Department of Environment and Natural Resources.

Surprised

In his affidavit submitted to Assistant City Prosecutor Ariel Pabellar,  Bornillo said it was the government official who booked the ride, not his daughter, on Nov. 3.

He recalled being surprised when a woman boarded his Mitsubishi Mirage.

Regarding the complaint on Bornillo getting “too personal” with his passenger, the driver explained: “If indeed I was trying to engage in a conversation with my passenger, it is because in Uber we were taught to be friendly and polite to our passengers.”

“There is no crime trying to engage in a friendly conversation with a passenger,” he added, noting that he did not force Abesamis to respond.

Bornillo also noted that if the passenger felt “scared and crying,” she should have immediately reported to authorities near her destination.

5-star rating

“She did not even attach any evidence which would prove the emotional or psychological distress caused to her,” he said.

He also noted that Abesamis gave him a five-star rating in the Uber app.

After the hearing, Assistant Secretary Abesamis refused to give further comment so as not to affect the proceedings. But he said that they will pursue the complaint against Bornillo, with the next hearing scheduled on Dec. 22.

“My daughter is strong and has already recovered from the incident,” he told the Inquirer. “But I refuse to let her take Uber rides, which may bring back her trauma.”

Bornillo presented himself in the prosecutor’s office without a lawyer. He noted that Uber did not provide him any attorney or legal assistance.

Lawyer Arnel Inton, founder of the group Lawyers for Commuters’ Safety and Protection and Abesamis’ legal counsel, said Uber and Bornillo are still facing a complaint before the Land Transportation Franchising and Regulatory Board.

“We want to know whether Uber should be disaccredited as a transport network vehicle,” Inton said, noting the growing number of complaints against the drivers of the ride-sharing company. “A serious franchise violation can result in  the revocation of their license to operate.”

Another complaint

Meanwhile, Abesamis on Thursday filed in the city prosecutor’s office another complaint against Bornillo, this time for grave threats, citing their heated exchange of text messages regarding the alleged harassment.

In his complaint, Abesamis said Bornillo was already apologetic on the night of the incident but later sent “threatening” messages the morning after, saying “See you in court!” and “Don’t tell me you have connections because I have them too.” –Jhesset O. Enano

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