The Quezon City government said on Sunday, Sept. 3, that a lawyer has filed charges with the Quezon City People's Law Enforcement Board (PLEB) against three local police traffic sector personnel in relation to the road rage incident involving an ex-policeman and a cyclist last Aug. 8.

The local government said lawyer Raymond Fortun, acting as a concerned citizen, charged Staff Sgt. Darwin Peralta, Staff Sgt. Joel Aviso, and Police Executive Master Sgt. Armando Carr, all from the QCPD Traffic Sector 4 of Kamuning, with oppression, irregularities in the performance of duties and incompetence, under Rule 21 of National Police Commission (NAPOLCOM) Memorandum Circular 2016 – 002.

According to the QCPD, the incident happened at around 6 p.m. on Aug. 8, near the corner of Quezon Avenue and Welcome Rotonda.

In the video that went viral on social media, the ex-police officer, identified as Wilfredo Gonzales, was caught drawing his gun after hitting the head of the cyclist during the confrontation.

Police said that the cyclist hit the rear portion of Gonzales' red Kia sedan which caused the heated argument between the two.

"It appears that the cyclist and ex-policeman Wilfredo Gonzales were first brought to the QCPD Kamuning Police Station 11, since this was first considered a mere traffic incident by the first responders of QCPD Galas Police Station.  Eventually, no charges were filed in Kamuning, and the parties were instead referred to the Galas Police Station late in the evening," the city government said.

“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.  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,” Fortun said. 

In a Facebook post on Saturday, Sept. 2, Fortun shared a photo of the cyclist's written statement where he was allegedly brought to the Kamuning Station and stayed there for about eight hours after the incident.

Fortun said that although the cyclist already accused Gonzales of hurting and pointing a gun at him, the operatives did not arrest the former policeman.

He added that the operatives also allegedly threatened the cyclist that they are going to find out where he lives.

Quezon City Mayor Joy Belmonte earlier ordered a thorough and unbiased investigation on the road rage to give justice to the cyclist and prevent the same incident from happening again.

She also lauded the act of the lawyer who was pushing for justice for the cyclist.

“What we need now are little acts of heroism from ordinary Filipinos to stand up for what is right to exact accountability from those in power.  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,” Belmonte added.

The PLEB is the check and balance mechanism created by Republic Act 6975 or An Act Establishing the PNP Under A Reorganized Department of the Interior and Local Government and For Other Purposes as amended by R.A. 8551 (The PNP Reform and Reorganization Act of 1998) where ordinary citizens are empowered against erring policemen, according to the city government.

The PLEB can summarily dismiss, demote, suspend and reprimand abusive policemen.

“The institutions, particularly the PLEB, are in place so that the community will feel safe and secure in their homes.  We commit to serve as an effective watchdog against abusive cops, and at the same time serve as partners to our men in uniform towards nation-building.” PLEB and Executive Officer lawyer Rafael Vicente Calinisan said.

“As far as the case filed by Atty. Fortun is concerned, we promise to act on this case with absolute dispatch,” he added.