Court decision on killing of Navotas boy raises furor

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A POLICE staff sergeant was convicted of homicide yesterday by the Navotas City Regional Trial Court for the killing of a 17-year-old boy in August 2023 while four other cops were found guilty of illegal discharge of firearms, a decision met with furor by the boy’s family, the Department of Justice and Sen. Risa Hontiveros.

Found guilty of homicide for the “mistaken killing” of Jerhode “Jemboy” Baltazar is Staff Sgt. Gerry Sabate Maliban while Executive M/Sgt. Roberto Dioso Balais Jr., Staff Sgt. Nikko Pines Corollo Esquillon and Pat. Benedict Danao Mangada were found guilty of illegal discharge of firearms.

Staff Sgt. Antonio Balcita Bugayong was acquitted by Navotas RTC Branch 286 Presiding Judge Pedro Dabu Jr.

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Baltazar’s family expressed dismay with the verdict, noting that only one cop was found guilty.

“Siya ay apat na taon lang makukulong pero ‘yung anak ko habang-buhay na wala.

Pinagtulong-tulungan nila ‘yung anak kong barilin tapos ano? Gano’n lang? Makakalaya lang sila (He will only serve four years in prison while my son is gone forever. They shot my son and now what? They’re going to be),” Baltazar’s mother, Rodaliza, said.

Jemboy’s father, Jessie Baltazar, said: “It’s very painful on our part, our family is not happy with the decision. I lost my son, who was helping me earn a living.”

Mrs. Baltazar said she hopes the policemen also feel the intense pain their family is feeling at the loss of her son.

“Sana sila rin (I hope they feel it, too),” she said, adding her son had many dreams that were suddenly snuffed out by the policemen for “no reason at all.”

The DOJ said it will appeal the ruling, with DOJ Assistant Secretary and spokesperson Jose Dominic Clavano IV saying Justice Secretary Jesus Crispin Remulla has instructed him to explore all legal avenues.

The PNP welcomed the decision, with PNP spokeswoman Col. Jean Fajardo saying: This proves that the judicial system is working.”

Hontiveros, the Senate deputy minority leader, said Baltazar and his family were denied justice.

“While a cop was convicted, five out of the six involved in Jemboy’s killing are free to go home. This is disappointing. The five out of six cops getting a slap on the wrist for Jemboy’s tragic death does not honor his memory. He was just a kid!” Hontiveros said in a statement.

Baltazar was killed on August 2, 2023, in what the Navotas police later said was a case of mistaken identity.

Baltazar and his friend were cleaning their boat in the river near their home in Barangay NBBS Kaunlaran, Navotas City when the cops fired at them.

The policemen claimed they were looking for a murder suspect in the barangay and received a tip the suspect reportedly boarded a boat to escape.

It was later discovered that Baltazar was not the target of the police pursuit operation. He dove into the river when the cops started firing.

DECISION EXPLAINED

“In so far as S/Sgt. Bugayong Jr. is concerned, we will apply the doctrinal rule that if the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction,” the court said as it ordered the release of Bugayong.

Murder charges were filed against the policemen but the RTC convicted Maliban of the lesser offense of reckless imprudence resulting in homicide.

“This is a story of (a) hot pursuit operation that ended in tragedy. The death of Jerhode “Jemboy” Baltazar, who is not the suspect, could have been avoided had a police officer applied self-restraint, for a police officer is not justified in shooting a person just because that person did not heed his call to surrender,” the court said in its decision.

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Maliban was sentenced to four to six years in prison and was also ordered to pay P50,000 in moral and civil damages.

The four other cops were sentenced to four months in prison.

After the shooting, the PNP sacked Navotas police chief Col. Allan Umipig and ordered the filing of administrative cases against him after he allegedly instructed the team leader of the police operatives to exclude the names of 11 other officers on their reports on the killing of Baltazar.

DOJ STAND

During a press briefing attended by Baltazar’s parents, Clavano said: “Our next step is to appeal the decision to the Court of Appeals through the Office of the Solicitor General.

There are several aspects of the court’s decision that we believe warrant further examination, including the conspiracy and intent to kill, the reasonableness of police actions, and the police response when Jemboy attempted to flee.”

Clavano stressed that while the DOJ respects the decision of the trial court, it still needs to exhaust all available legal remedies to deliver justice to the Baltazar family.

“We will exhaust all our legal remedies, move up to the Court of Appeals to be able to get the justice that we believe the Baltazar family deserves,” he added.

PNP REACTION

“We respect and welcome the decision of the RTC (regional trial court),” said Fajardo, adding the decision brought justice to the Baltazar family.

“We hope this serves as an eye-opener and reminder to policemen to adhere to police operational procedures,” said Fajardo.

Fajardo said policemen should not immediately use their firearms when they arrest suspects.

“We have been always saying that it’s very clear in our operational procedures that the use of firearms is not the first approach in apprehending a particular suspect,” said Fajardo.

Fajardo assured the public the PNP does not sanction any policeman involved in any form of misdemeanor.

“Corresponding criminal charges shall be filed against them and administrative machinery will be immediately implemented to make sure those accountable are held accountable,” said Fajardo.

HONTIVEROS STATEMENT

Hontiveros said cases of mistaken identity that lead to the killing of victims show the “deep systemic failure” in the PNP.

She said a total of 19 policemen were involved in the operation but wondered why they were not charged with murder.

“They were armed with high-powered guns and shot indiscriminately at the children — why was this incident not considered murder?” she added.

“Let us be clear: we will not move on from this. This just reminds us that we have a long battle ahead of us for a more equitable justice system. The law does not clothe police officers with the authority to kill indiscriminately,” Hontiveros said.

She said the family of Jemboy should be given protection for fear that the cops may get back at them. — With Raymond Africa and Victor Reyes

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