Remulla: Gun-toting dismissed cop in viral video not a DOJ employee | ABS-CBN
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Remulla: Gun-toting dismissed cop in viral video not a DOJ employee
Remulla: Gun-toting dismissed cop in viral video not a DOJ employee
Mike Navallo,
ABS-CBN News
Published Aug 30, 2023 12:29 AM PHT
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Updated Aug 30, 2023 06:37 AM PHT
Remulla: Alarm and scandal case can be filed vs Gonzales
Remulla: Alarm and scandal case can be filed vs Gonzales
MANILA — Justice Secretary Jesus Crispin Remulla on Tuesday denied rumors that the former cop who was caught in a viral video pointing a gun at a cyclist after a traffic altercation is part of his agency.
MANILA — Justice Secretary Jesus Crispin Remulla on Tuesday denied rumors that the former cop who was caught in a viral video pointing a gun at a cyclist after a traffic altercation is part of his agency.
“Walang Willy Gonzales, walang Wilfredo Gonzales sa DOJ (Department of Justice),” he told reporters at a press conference.
“Walang Willy Gonzales, walang Wilfredo Gonzales sa DOJ (Department of Justice),” he told reporters at a press conference.
The department also issued a certification, attesting that “based on available records of this Office, there is no ‘Wilfredo Gonzales’ who is previously or currently employed in the Department.”
The department also issued a certification, attesting that “based on available records of this Office, there is no ‘Wilfredo Gonzales’ who is previously or currently employed in the Department.”
Justice Sec. Jesus Crispin Remulla says there is no "Wilfredo Gonzales" working for the Department of Justice.
DOJ also releases a certification to this effect.
Gonzales is the retired cop who pointed a gun at a cyclist in a viral video. pic.twitter.com/iuaLseTizB
— Mike Navallo (@mikenavallo) August 29, 2023
Justice Sec. Jesus Crispin Remulla says there is no "Wilfredo Gonzales" working for the Department of Justice.
— Mike Navallo (@mikenavallo) August 29, 2023
DOJ also releases a certification to this effect.
Gonzales is the retired cop who pointed a gun at a cyclist in a viral video. pic.twitter.com/iuaLseTizB
Both moves came after speculations surfaced that Gonzales, seen on the video wearing a white short-sleeved office barong with a pin, is connected to the agency.
Both moves came after speculations surfaced that Gonzales, seen on the video wearing a white short-sleeved office barong with a pin, is connected to the agency.
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The video, taken on August 8, sparked criticism online after it showed Gonzales getting off a red sedan to confront and hit a cyclist in the head before cocking a gun at him.
The video, taken on August 8, sparked criticism online after it showed Gonzales getting off a red sedan to confront and hit a cyclist in the head before cocking a gun at him.
The Land Transportation Office issued a show cause order against him and he would later surrender to the Philippine National Police (PNP) Quezon City Police District (QCPD), where he previously served as a police officer.
The Land Transportation Office issued a show cause order against him and he would later surrender to the Philippine National Police (PNP) Quezon City Police District (QCPD), where he previously served as a police officer.
It turned out he had been dismissed from service for a similar offense in 2017, but his dismissal for grave misconduct came after he retired from service in 2016.
It turned out he had been dismissed from service for a similar offense in 2017, but his dismissal for grave misconduct came after he retired from service in 2016.
His license to own and possess firearms was subsequently revoked.
His license to own and possess firearms was subsequently revoked.
REMULLA: CASES CAN STILL BE FILED EVEN WITHOUT COMPLAINT FROM CYCLIST
Despite calls to file criminal charges against Gonzales, the cyclist has declined to pursue any case, with the former cop claiming that he has patched things up with him.
Despite calls to file criminal charges against Gonzales, the cyclist has declined to pursue any case, with the former cop claiming that he has patched things up with him.
The PNP QCPD on Tuesday however filed an alarm and scandal complaint against him.
The PNP QCPD on Tuesday however filed an alarm and scandal complaint against him.
Asked to comment on the complaint, the Justice secretary said it’s possible to file the complaint even without the participation of the cyclist involved in the altercation.
Asked to comment on the complaint, the Justice secretary said it’s possible to file the complaint even without the participation of the cyclist involved in the altercation.
“Pwede nga alarm and scandal yan kahit di pumutok ang baril, kinasa yung baril, itinutok. Kahit di magreklamo ung siklista, people alarmed over the occurrence can actually file a case as long as the evidence that they will use is authenticated, properly identified and authenticated,” Remulla said, explaining that alarm and scandal is a “public crime.”
“Pwede nga alarm and scandal yan kahit di pumutok ang baril, kinasa yung baril, itinutok. Kahit di magreklamo ung siklista, people alarmed over the occurrence can actually file a case as long as the evidence that they will use is authenticated, properly identified and authenticated,” Remulla said, explaining that alarm and scandal is a “public crime.”
“Even government is an interested party. The Quezon City government LGU is very very interested to file a case so we will wait for Mayor Joy Belmonte to initiate something,” he said.
“Even government is an interested party. The Quezon City government LGU is very very interested to file a case so we will wait for Mayor Joy Belmonte to initiate something,” he said.
Quezon City Mayor Joy Belmonte has been vocal about the incident and has expressed outrage that the QCPD had seemingly given Gonzales a platform to air his side through a press conference.
Quezon City Mayor Joy Belmonte has been vocal about the incident and has expressed outrage that the QCPD had seemingly given Gonzales a platform to air his side through a press conference.
“Ang mahalaga lang dyan yung ebidensya is authentic, direct and identifiable. Halimbawa, yung kumuha ng video, ma-identify kung sino kumuha ng video and yung kumuha ng video will identify it as their own. That itself will already authenticate the contents and that will allow to consider it as a crime committed to be proven in court,” Remulla added.
“Ang mahalaga lang dyan yung ebidensya is authentic, direct and identifiable. Halimbawa, yung kumuha ng video, ma-identify kung sino kumuha ng video and yung kumuha ng video will identify it as their own. That itself will already authenticate the contents and that will allow to consider it as a crime committed to be proven in court,” Remulla added.
Alarm and scandal under Article 155 of the Revised Penal Code refers to a range of offenses — from discharging firearms or explosives to holding disorderly meetings and causing disturbance or scandal in public places.
Alarm and scandal under Article 155 of the Revised Penal Code refers to a range of offenses — from discharging firearms or explosives to holding disorderly meetings and causing disturbance or scandal in public places.
Originally punished by a prison term of up to 30 days and a fine of P200, a 2022 amended increased the fine to P40,000 while maintaining the jail period.
Originally punished by a prison term of up to 30 days and a fine of P200, a 2022 amended increased the fine to P40,000 while maintaining the jail period.
But some legal experts pointed out, other crimes would be more applicable.
But some legal experts pointed out, other crimes would be more applicable.
“Alarms and scandals (Art 155, RPC) does not seem appropriate here. This only involves public disturbance -- making noise or being rowdy. Gonzales struck the cyclist, and used a gun in a threatening manner. At the minimum it should be threats and physical injuries,” law professor Barry Gonzales commented on X, the social media platform formerly known as Twitter.
“Alarms and scandals (Art 155, RPC) does not seem appropriate here. This only involves public disturbance -- making noise or being rowdy. Gonzales struck the cyclist, and used a gun in a threatening manner. At the minimum it should be threats and physical injuries,” law professor Barry Gonzales commented on X, the social media platform formerly known as Twitter.
Former Supreme Court spokesperson and criminal law professor and practitioner Ted Te also raised other possible crimes that Gonzales could have committed as a result of the incident.
Former Supreme Court spokesperson and criminal law professor and practitioner Ted Te also raised other possible crimes that Gonzales could have committed as a result of the incident.
“Uh, grave threats (282) or light threats (283), certainly Other light threats (285), without prejudice to other acts prohibited under special laws plus administrative sanctions and civil liability,” he posted on X.
“Uh, grave threats (282) or light threats (283), certainly Other light threats (285), without prejudice to other acts prohibited under special laws plus administrative sanctions and civil liability,” he posted on X.
Grave threats under Art. 282 of the Revised Penal Code punishes threatening another with infliction of a crime without being subject to a condition with up to 6 months in prison and a fine not exceeding P100,000.
Grave threats under Art. 282 of the Revised Penal Code punishes threatening another with infliction of a crime without being subject to a condition with up to 6 months in prison and a fine not exceeding P100,000.
A higher penalty is imposed if it involves a demand for money or if a condition is imposed.
A higher penalty is imposed if it involves a demand for money or if a condition is imposed.
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