3 QCPD personnel face charges over viral road rage incident

Three personnel from the Quezon City Police District (QCPD) traffic sector now face complaints in relation to the road rage incident involving a former policeman and a cyclist, the QC local government said Sunday.

Bike enthusiast and lawyer Raymond Fortun filed charges against Police Staff Sergeant (PSSG) Darwin Peralta, PSSG Joel Aviso, and Police Executive Master Sergeant Armando Carr, who were all from the QCPD Traffic Sector 4 in Kamuning.

Complaints of oppression, irregularities in the performance of duties, and incompetence under Rule 21 of the National Police Commission (NAPOLCOM) Memorandum Circular 2016-002 were filed with the Quezon City People’s Law Enforcement Board (PLEB).

This was in connection to the August 8 altercation between former policeman Wilfredo Gonzales and an unnamed cyclist.

In the viral video, Gonzales was seen pulling out a gun during an altercation with the cyclist.

The QC government said that both parties were initially brought to the QCPD Kamuning Police Station 11 as it was considered a mere traffic incident by the first responders of the QCPD Galas Police Station.

However, no charges were filed in Kamuning, and the parties were instead referred to the Galas Police Station later that day.

“Despite the clear and imbalanced status of the parties, the same police officers failed to protect the rights of the cyclist when they failed to provide a legal counsel for him so that the latter would be duly appraised of his rights,” Fortun said in a statement.

“Further, they failed to secure the CCTV footages in the area in order to ferret out the real facts in the conflicting statements made by the parties. Finally, and for reasons known only to them, and despite there being sufficient basis to do so, the same police officers failed to file the appropriate charges,” he added.

GMA News Online sought comment from QCPD Director Police Brigadier General Red Maranan, but he has yet to respond as of this posting.

Former QCPD chief Police Brigadier General Nicolas Torre III resigned from his post last week to give way to the investigation into the incident.

QC Mayor Joy Belmonte also welcomed the filing of the case, stressing the need to stand up for what is right and to make those in power accountable.

“This move of Atty. Fortun in filing a case with our PLEB is a vote of confidence that here in Quezon City, we will get things done. The proper process in the proper forum, which is the PLEB, will now take its course,” she said.

“This incident also highlights the need to institutionalize the presence of PLEB in other cities and municipalities to hear and decide the complaints filed against erring policemen. I am confident that the case filed in the PLEB will be handled without fear or favor,” the Mayor added.

The PLEB is the check and balance mechanism created by Republic Act 6975. The Board can summarily dismiss, demote, suspend and reprimand abusive policemen.

Separation pay

Meanwhile, Senator Francis Tolentino on Sunday said that Gonzales had not yet returned his separation pay despite being ordered to do so by the Philippine National Police (PNP).

“Pinasasauli sa kanya ang natatanggap na separation pay. Pinasasauli po iyan ng PNP. Hanggang ngayon ay di pa nasasauli iyan ah. Kasi po noong na-order siyang na-dismiss, natanggap na po niya. Naka-retire na. Ngayong na-dismiss, pinasasauli, pero di pa niya nasasauli,” the lawmaker said in a radio interview.

(The PNP is asking Gozales to return the separation he received. The PNP wants it returned. Until now, it has not been returned. When he was ordered to be dismissed, he already received it. He was retired. Now that he was dismissed, he is being asked to return it. But he hasn't complied yet.)

Tolentino said Gonzales' failure to return his separation pay was a “deliberate move not to follow the PNP.” — DVM, GMA Integrated News