DOJ to review decision on Navotas teen’s slay
“Is that the only value of my son’s life?”
These were the words of Rodaliza Baltazar, mother of 17-year-old Jerhode “Jemboy” Baltazar, after five of the six policemen involved in his “mistaken identity” killing were ordered released by a Navotas court.
“I feel so much pain, it’s like nothing happened to my son… Only one was convicted and the other four [were sentenced to] only four months [in jail],” Rodaliza told reporters following Tuesday’s decision by the Navotas Regional Trial Court Branch 286.
The victim’s family also objected to the lighter charge of homicide for the convicted cop and the acquittal of another accused who was also ordered released.
The Department of Justice (DOJ) assured the family that it would exhaust all legal remedies as it reviews the ruling by Presiding Judge Pedro Dabu Jr.
The Baltazars originally filed murder charges against six Navotas policemen for shooting Jemboy in his boat, after he was mistaken for another suspect they were chasing during a police operation on Aug. 2, 2023, at Barangay North Bay Boulevard South Kaunlaran in Navotas City.
But the court instead found Police Staff Sgt. Gerry Maliban guilty of homicide. He was meted a penalty of four to six years in prison and was also ordered to pay P50,000 in moral and civil damages.
According to the judge, Maliban “did not commit murder” since he “cannot be said to have employed means, methods, or forms in the execution of the crime.”
“There is no doubt PSSgt. Maliban was performing his duty during that fatal incident,” the judge said.
Released
The four other officers—Police Executive Master Sgt. Roberto Dioso Balais Jr., Police Staff Sgt. Nikko Pines Corollo Esquilon, Police Cpl. Edmard Jake Blanco and Patrolman Benedict Danao Mangada—were found guilty of illegal discharge of firearms and sentenced to a maximum of four months and one day in prison.
But since they had already served that sentence during their preventive detention at the Metro Manila District Jail in Taguig City, the court ordered their release.
Another officer, Police Staff Sgt. Antonio Balcita Bugayong, was acquitted after the court said there was “doubt” as to whether he fired his gun during the operation.
The court noted the conflicting testimonies between the accused, who claimed that Bugayong fired his gun, and the witness, Jemboy’s friend, Sonny Boy Agustillo, who said he didn’t see the officer fire his weapon.
Bugayong also tested negative for gunpowder residue.
Appeal
In a briefing by the DOJ, Rodaliza said, “My family and I are feeling a lot of pain right now because we expected six of them to be convicted but the opposite happened—five of them were released and only one was convicted.”
“My son is dead, he will be gone forever, [while Maliban] will only suffer for four years for killing my son,” she said on the verge of tears, with her face masked to protect her identity while she wore a bulletproof vest.
Jemboy’s father, Jessie Baltazar, said: “It hurts that we lost our son—my partner in our livelihood.”
Justice Assistant Secretary Jose Dominic Clavano said Justice Secretary Jesus Crispin Remulla had ordered him to review the facts and arguments in the case to see what they could appeal.
Clavano said the DOJ plans to elevate the case to the Court of Appeals (CA), with the Office of the Solicitor General serving as counsel for the Baltazar family.
He said that based on the DOJ’s initial assessment, there were several arguments in the decision that could still be challenged, including conspiracy, intent to kill, and “reasonableness of the action taken by the police and the reaction that the police had when Jemboy ran away.”
“At the end of it all, justice must be served, the decision today is not enough, in our opinion, because there are policemen who will be freed but the Baltazar family lost someone,” Clavano said.
‘Changed view’
The DOJ official said the Baltazars will remain under the government’s witness protection program, for their security.
“Because it is dangerous when [the convicted are released] and, of course, the peace and security of the Baltazar family will also be at risk,” he said.
The Marcos administration, he pointed out, has a “changed view” regarding cases of extrajudicial killings like what happened to Jemboy.
“Before, during the past administration, the police were empowered, still, to do their mandate to protect and serve the country. But now, with the new administration, we think more benevolently,” he said, adding that law enforcers should perform their duties with self-restraint.
“This is a fight against a culture that has been hounding our society for a very long time, this culture of impunity… So we are taking this case very seriously so that the police treat the citizens differently,” Clavano said.
But rights group Karapatan said: “This lamentable outcome [of] Jemboy’s case shows how the Philippine justice system continues to fail the victims of police killings and brutality in the country in pursuing full accountability of perpetrators.”
“As in the case of the killings under the Duterte regime, victims, especially the poor, are still unable to obtain justice,” the group added.
Meanwhile, Police Col. Jean Fajardo, spokesperson for the Philippine National Police, said the case should remind police officers “to adhere to their existing police operational procedures.” —WITH REPORTS FROM NESTOR CORRALES AND JACOB LAZARO
