Ombudsman recommends murder raps vs. Manila cop tagged in killing of 23-year-old epileptic

The Office of the Ombudsman has ordered the dismissal from service and the filing of murder charges against a policeman who allegedly killed a 23-year-old epileptic while conducting an anti-illegal drug operation in Tondo, Manila in 2017.

A joint resolution approved by Ombudsman Samuel Martires on February 28 said Police Staff Sergeant (Police Officer 3) Gerry Genalope was found guilty of grave misconduct and faces the penalties of dismissal, cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification to hold public office.

The Ombudsman said the admission of Genalope that he inflicted fatal wounds on the victim, Djastin Lopez, due to self-defense was contrary to eye witnesses who heard Lopez pleading for his life.

"[Djastin] was raising his hands and pleading 'Huwag po. Huwag po.' Despite the pleas of Djastin, PO3 Genalope pushed him causing him to fall on the ground in a supine position," the Ombudsman said.

"While Djastin was lying on the ground and not in the position to defend himself, PO3 Genalope fired at him and inflicted upon him five fatal gunshot wounds on his chest and abdomen which caused the [former's] instantaneous death," it added.

The case against Genalope stemmed from the complaint filed by Djastin's mother, Normita, at the anti-graft body in September 2017. 

Normita said she heard news that a dead body was found on the railtracks of the Philippine National Railways on May 18, 2017. Police, however, denied her requests to see the body before a barangay councilor confirmed the identity of Djastin.

Genalope, in his defense, said Djastin was a suspect in the murder of a certain Michael Turla and boldly selling illegal drugs in Tondo area, prompting the Police Station 7 to conduct an anti-criminality operation.

Genalope said Djastin pushed him, drew his gun, and attacked him after he introduced himself as a police officer, forcing him to return fire.

The Ombudsman, however, said Normita's witnesses proved Genalope deliberately shot Djastin to make it impossible for him to defend himself and retaliate, while his claim of self-defense is best determined in a full-blown trial.

"Clearly, PO3 Genalope perpetrated said acts with treachery... His act of shooting Djastin to death is a transgression of some established and definite rule of action. It involved the additional elements of willful intent to violate the law and to disregard established rules," it said.

On the other hand, the Ombudsman dropped the charges against Senior Inspector Jojo Salanguit due to insufficiency of evidence.

The Ombudsman has directed the Field Investigation Bureau to conduct a fact-finding probe to determine if the incident was a legitimate police operation. — Joseph Tristan Roxas/RSJ, GMA News