DEPARTMENT of the Interior and Local Government (DILG) Secretary Benjamin Abalos Jr. on Tuesday said criminal cases should be filed against the motorist who was caught on video brandishing a gun and assaulting a cyclist near Welcome Rotonda, Quezon City last August 8.
Meanwhile, the Quezon City Police District (QCPD) announced the filing of an alarm and scandal complaint against Wilfredo Gonzales, a dismissed police officer who figured in a confrontation with a bicycle rider caught on viral video.
“For the sake of a peaceful and orderly society, we cannot allow a culture of impunity. We cannot allow bullies to just go around intimidating people with deadly weapons. There must be consequences here.” Abalos said.
He also noted reports that the perpetrator, Wilfredo Gonzales, had reached a settlement with the victim.
However, Abalos explained that in certain instances, criminal cases may still be filed even if the victim refuses to make a complaint.
“For the sake of a peaceful and orderly society, we cannot allow a culture of impunity. We cannot allow bullies to just go around intimidating people with deadly weapons. There must be consequences here,” Abalos said.
“Even if the victim won’t testify, criminal cases can still be filed if another witness comes forward. For example, the person that took the viral video, or other bystanders during the incident, can establish that they were at the scene, and identify the perpetrator and the acts that he committed,” Abalos said.
“At the very least, a case for alarm and scandal could be filed.” he added.
Abalos said that the National Police Commission will monitor the PNP’s response to this incident.
“In case of any inaction by the Philippine National Police’s (PNP) handling officers, the PNP Internal Affairs Service would investigate.” The DILG chief said
“The Napolcom may step in, if warranted. In any case, rest assured that the Napolcom will do its utmost to pursue the cause of justice.” Abalos said.
QCPD chief Brig. Gen. Nicholas Torre III said the case is a public crime which can be filed by police officers and can be strengthened through other pieces of evidence or testimonies from witnesses.
“We only filed the case at 9:50 a.m. today, Now, you ask why alarm and scandal? During that Aug. 8 incident, there was no video yet. The parties said they already settled things at the barangay. There were no videos. What would then be our basis to file a case against them? There was no affidavit signed. They went on their separate ways. Our station commander, in his wisdom, said the gun must be left in their custody. So that whatever happens outside, there would be no guns involved,” Torre said in an ambush interview at the National Capital Region Police Office (NCRPO) headquarters in Camp Bagong Diwa, Taguig City.
Torre said they have presented the gun as physical evidence before prosecutors.
Based on Republic Act 11926 or An Act Penalizing Willful and Indiscriminate Discharge of Firearms, the penalty for alarm and scandal is a fine not exceeding P40,000 and six years imprisonment.
Torre also dismissed allegations that the QCPD extended special treatment to Gonzales during his supposed settlement with the cyclist, saying his personnel “acted professionally.”
“This is my answer on my personal part because the special treatment is alluded to me. The guy is a retired or dismissed policeman. Don’t quote me as arrogant but he is way below my salary grade. What can he offer me so that I can put my service at stake? I never met him. I don’t know him. We have met for less than 30 minutes in my whole life and now I will bet my service and give him special treatment in front of the media. I don’t think that’s a logical explanation,” said Torre.
The QCPD chief also called on those with knowledge of the incident to come forward so they can bolster the case against Gonzales.
He also urged the owner of the viral video to testify on the authenticity of the video, which he said can also be used as evidence in the complaint.
PNP chief Gen. Benjamin Acorda Jr., meanwhile, agreed to the filing of a case against Gonzales, saying the police are duty bound to investigate crimes and file appropriate charges.
Citing PNP records, Acorda said Gonzales was dismissed from the service for grave threats in June 2018 while his permits to own and carry firearms outside of residence have already been revoked.
“There are four firearms registered under his name. The three were surrendered in Camp Crame and the other one is now with the QCPD,” Acorda said
The PNP said it intends to file more criminal charges, including a complaint for grave threat against the ex-cop who pulled out a gun during a road rage altercation with a cyclist.
In a televised public briefing, PNP spokesperson Col. Jean Fajardo said authorities are just waiting for the cyclist to execute a complaint in connection with the incident.
“Yung inaantay lang po natin, sa natulong na rin po ng kanyang abogado, na mag-execute po ng complaint itong biktima para makasuhan din po natin siya ng additional case ng grave threat and other appropriate criminal offenses,” she said.
Lawyer Raymond Fortun told reporters on Tuesday that the cyclist decided not to file a case against Gonzales.
“Sinabi niya sa akin na buo pa din yung loob ng pamilya nila hindi ituloy yung pagsampa ng kaso,” Fortun said.
The lawyer expressed hope that more government officials would show support for the cyclist.
According to the QCPD, the altercation between Gonzales and the cyclist happened on August 8 but the viral video of the incident surfaced on social media on August 27.
In a press briefing on Sunday, Gonzales said he and the cyclist went to a police station following the incident and settled their differences.
Fortun, however, said that the cyclist was forced into an agreement admitting that the incident was his fault and was told to pay P500 for the damage to Gonzales’ car.
Quezon City Mayor Joy Belmonte on Monday ordered an investigation on how the QCPD handled the case.
“We are appealing to the complainant to come forward so that Willy Gonzalez, whom I consider a menace to society, is held accountable,” Belmonte said in a statement.
“We want to assure the cyclist that we will extend legal assistance, as well as put him and his family in our protection so that justice is served. I will not allow this case to be whitewashed,” she added.
The PNP has already revoked Gonzales’ permit to carry firearms outside of residence while the Land Transportation Office (LTO) issued a 90-day preventive suspension for his driver’s license.
