Fortun files case at QC PLEB vs QCPD, re gun-toting incident

Atty. Raymond Fortun, acting as a concerned citizen, has filed a case with the Quezon City People's Law Enforcement Board (PLEB) over the weekend, against personnel of QCPD Traffic Sector 4 of Kamuning in relation to the viral gun-toting incident that happened last August 8.

Fortun filed the charges against P/Staff Sergeant Darwin Peralta, P/SSg. Joel Aviso, and P/Executive Master Sergeant Armando Carr, all from the QCPD Traffic Sector 4 of Kamuning.

The lawyer charged them with Oppression, Irregularities in the Performance of Duties and Incompetence, under Rule 21 of NAPOLCOM Memorandum Circular 2016 – 002.

Fortun said that it appears the cyclist and ex-policeman Wilfredo Gonzales were first brought to the QCPD Kamuning Police Station 11, since the incident was first considered as 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.

"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 explained.

On the other end, Mayor Joy Belmonte lauded this act of Atty. Fortun.

"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," Belmonte 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," she added.

Meanwhile, PLEB Chairman and Executive Officer Atty. Rafael Vicente Calinisan said, "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."

"As far as the case filed by Atty. Fortun is concerned, we promise to act on this case with absolute dispatch," Calinisan 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.

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