MANILA, Philippines — The cyclist shown in a viral video being physically and verbally attacked by a gun-wielding man in a road rage incident should come out in the open if he wants his attacker – who turned out to be a former policeman – to be held accountable and possibly charged with more criminal cases, Philippine National Police (PNP) chief Gen. Benjamin Acorda Jr. said yesterday.
Speaking to reporters, Acorda said former policeman Wilfredo Gonzales should be slapped with more charges for threatening the life of the unidentified biker.
“Huwag matakot, don’t be intimidated. Come out in the open. Part of our case build-up is his statement,” Acorda said on the sidelines of the 122nd Police Service Anniversary celebration at Camp Bagong Diwa in Taguig City.
He also urged the uploader of the video clip to come forward and help in the case build-up.
The Quezon City Police District (QCPD)’s Galas police station 11 earlier filed a complaint of alarm and scandal before the city prosecutor’s office against Gonzales for the gun-toting incident, which occurred on Quezon Ave. near Welcome Rotonda last Aug. 8.
However, lawyer Raymond Fortun said the victim remains reluctant to file a case against Gonzales for fear of his safety.
Should the unnamed cyclist change his mind, PNP spokesperson Col. Jean Fajardo said in an interview with dzBB radio that Gonzales could face charges for attempted homicide and grave threat.
She said the aggrieved biker’s lawyer should convince him to execute a statement so they could file additional charges against Gonzales.
Based on his records in the PNP, Gonzales is a recidivist or repeat-offender, a hot head.
Gonzales was dismissed from the service in 2018 due to grave misconduct for an offense similar to what he did to the cyclist.
He retired from the service in 2016 after reaching the mandatory retirement age of 56 but his dismissal took effect only after two years, after which he was stripped of all retirement benefits.
He was also required to pay the government the benefits he had received in the two years before he was officially dismissed from the police service.
Also based on record, he was demoted from Police Officer 2 to Police Officer 1 in 2013 for another case of grave misconduct. He was also suspended for 120 days for a similar offense.
Gonzales, a former QCPD operative, was a whistle-blower against a former police official in a bribery case involving two Chinese drug traffickers.
A Quezon City court found the former police official guilty over two decades ago.
Revoked
With the revocation of Gonzales’ gun licenses by the Firearms and Explosives Office (FEO), four handguns registered under his name are now in the custody of the PNP.
QCPD director Brig. Gen. Nicolas Torre III, meanwhile, defended himself from criticism that he gave special treatment to Gonzales when he allowed the dismissed police officer to speak at a press conference at their headquarters at Camp Karingal Sunday afternoon.
Torre explained that he only gave journalists pursuing the story the opportunity to talk with Gonzales by arranging a press conference which took place at 5 p.m.
In hindsight, Torre admitted he should have handled the situation differently.
“I can do it in another way but I have to stand by it, I made that decision to present that guy to the media because of the clamor, but he is under custody,” Torre told reporters.
He said he would never risk his career for a former police non-commissioned officer.
“He is way below my salary grade. What can he offer me para itaya ko ang aking serbisyo,” Torre said, adding he only met Gonzales for the first time on Sunday.
Torre also defended the police officers of Station 11 from accusations that they may have forced the cyclist to settle amicably with Gonzales.
Torre said CCTV footage at the police station showed no indication of such scenario.
LTO summons
The Land Transportation Office (LTO) has summoned Gonzales to appear tomorrow afternoon before its officials to explain why he should not be held liable for administrative cases.
LTO chief Vigor Mendoza said Gonzales is facing at least four offenses, including disregarding traffic sign (under Joint Administrative Order 2014-01), obstruction of traffic, reckless driving and improper person to operate a vehicle, all under Republic Act 4136 or the Land Transportation and Traffic Code.
“Mr. Gonzales has already received a show cause order and we expect his cooperation. The public can rest assured of our fair and swift action,” Mendoza said in a statement in Filipino.
The LTO earlier issued a 90-day preventative suspension on Gonzales’ driver’s license pending the result of the ongoing investigation.
Mendoza said that due process must still be observed in the case amid calls for the immediate revocation of Gonzales’ driver’s license.
“We understand the public sentiment because everything is clear in the video. But we have processes to follow, and that’s the requirement of our legal system,” he added.
Gonzales’ failure to appear and submit a notarized affidavit on Thursday would compel the LTO to resolve the case administratively based on the available documents and records.
Interior Secretary Benjamin Abalos said that criminal charges should be filed against Gonzales for assaulting and drawing a gun on the cyclist.
At the Senate, Sen. Jinggoy Estrada denounced Gonzales’ assault on the cyclist and demanded accountability.
“We must not accept this culture of impunity to continue especially on our public roads. Clearly, Mr. Gonzales is a danger to the cycling, commuting or riding public,” Estrada said in a privilege speech.
“With the help of social media, we were able to know the incident and the man behind the gun-toting incident – who happens to be a dismissed cop due to grave misconduct,” he added.
He also chided Torre of the Quezon City police for arranging a press conference for Gonzales.
“Why is it that in his press conference, which seems to be sponsored and backed up by his comrades in the PNP, bloggers and netizens were still being blamed for exposing his wrongdoing?” Estrada said. “Had this issue not surfaced, it would have been buried, the public would have been aggrieved, and it would probably be repeated to others.”
In his Facebook page, Catholic Bishops’ Conference of the Philippines (CBCP) president Kalookan Bishop Pablo Virgilio David said the incident has shown that police abuse is already deeply ingrained in the system.
“The string of recent events pertaining to police officers abusing their authority in the past few weeks could be indicative of the fact that the problem is ‘systemic’,” said David. — Evelyn Macairan, Cecille Suerte Felipe