Navotas ex-cop found guilty of homicide in Jemboy Baltazar case

A Navotas court on Tuesday found a former police officer guilty of homicide for the killing in August 2023 of Jemboy Baltazar, the 17-year-old who was killed after he was mistaken as a suspect.

In a 44-page decision, the Navotas RTC Branch 286 found Police Staff Sergeant Gerry Maliban guilty of homicide and sentenced him to four years, two months, and ten days in to up to six years, four months, and 20 days in prison.

The court also ordered Maliban to pay Baltazar’s heirs P50,000 in civil liability and P50,000 as moral damages.

“As PSSg Maliban aimed his shot at Jemboy, he is liable for the intentional felony of homicide... He did not commit murder. Although the victim could not have put up a defense, still PSSg Maliban cannot be said to have employed means, methods, or forms in the execution of the crime,” it said.

“This is because the urge to shoot the victim materialized only when the victim attempted to escape and PSSg Maliban aimed his shot at him instantly,” it added.

Baltazar died on August 2 while on his way to go fishing after he was shot by Navotas City policemen who were pursuing a shooting suspect in Barangay NBBS Kaunlaran.

A companion who was with Baltazar said they were preparing their boat when a policeman ordered them to get off. They reportedly tried to give themselves up, but the police officers allegedly kept on shooting, prompting Baltazar to dive into the water.

The police later claimed it was a case of mistaken identity. Some of the six cops who were initially reported to be involved in the incident said in their affidavits that they fired shots into the water and that they did not intend to hit Baltazar.

The autopsy found that Baltazar was hit twice, on the head with an entry wound behind the ear and an exit wound on the nose, while the other shot hit him on the right hand.

According to his death certificate, Baltazar’s cause of death was a gunshot wound to the head as well as asphyxia from drowning.

Implorable, contrived

The court said it found Maliban’s argument that he was met with gun fire to be improbable and contrived. On the other hand, the court said, the witnesses' statements that Baltazar shouted that it was only him and his friend at the boat was more believable.

“PSSg Maliban aimed his shot at Jemboy without following the rules of engagement. The rules of engagement did not require him to immediately fire his weapon if the person to be accosted does not heed his call to surrender,” the court said.

“In fine, had PSSg Maliban exercised self-restraint, the death of an innocent boy could have been avoided,” it added.

Illegal discharge, acquittal

Meanwhile, the court convicted former Police Executive Master Sergeant Roberto Balais Jr., Police Staff Sergeant Nikko Esquilon, Police Corporal Edmark Jake Blanco, and Patrolman Benedict Mangada for the illegal discharge of firearms.

They were sentenced to four months and one day of imprisonment.

“As we found that these accused did not conspire with PSSg Maliban in shooting Jemboy and that they lacked the intention to kill the victim as shown by their acts of firing their guns in the water just in front of them, they are only liable with illegal discharge of firearms,” the court said.

Meanwhile, the Court acquitted former Police Staff Sergeant Antonio Bugayong, noting that there were conflicting accounts on whether Bugayong fired his gun.

“The paraffin test conducted on his firearm yielded negative result for gun powder. Although the absence of a gun powder is not conclusive evidence that the gun was not fired, yet the negative result of gun powder is corroborative evidence,” it said.

“With all these evidence, there is doubt that Bugayong fired his gun,” it added.

"Parang aso"

In reaction to the convictions, Baltazar’s mother, Rodaliza, asked if this was already the end of the their legal journey.

“Siya [Maliban] po apat na taon lang siya makukulong. 'Yung anak ko habang buhay na wala. Pinagtulong-tulungan nila 'yung anak ko barilin tapos ano? Gano'n lang? Makakalaya lang sila,” Baltazar said in an ambush interview.

(He will only be convicted for four years. My son is gone forever. They helped each other in shooting him and now what? That’s it? They’re going to go free?)

"Sana maramdaman nila din ‘yung nararamdaman ng pamilya ko ngayon na sobrang sakit na pagkawala ng anak ko. Sana sila rin," she added.

(I hope they feel what my family is feeling right now — intense pain at the loss of my son. I hope they feel it too.)

She said it seemed like her son’s life was equal to that of a dog or a cat.

“Ano po ‘yung buhay ng anak ko ano lang, parang aso lang o kaya pusa na ilang ano lang nila paghihirapan tapos parang wala silang ginawa. Parang nasaan po 'yung hustisya, 'yung katarungan para sa anak ko?” she said.

(My son’s life was likened to a dog or a cat’s life. They only tried for a short while and then nothing. Where is the justice for my son?)

“Ilang taon lang po 'yung anak ko, may pangarap pa po siya. Wala na po dahil pinatay po nila ng walang dahilan. Wala pong kaalam-alam 'yung anak ko, wala pong kasalanan,” she added.

(My son was only 17 years old. He had dreams. But they’re all gone because they killed him for no reason. My son didn’t know anything. He didn’t do anything.)

Senate probe sought

Meanwhile, Senator Risa Hontiveros, who sought a Senate investigation into Baltazar's death, decried the ruling of the court, saying "the five out of six cops getting a slap on the wrist for Jemboy's tragic death  does not honor his memory."

"Binigo natin si Jemboy. Binigo natin ang pamilya Baltazar. Sa gitna ng pagluluksa, wala silang makukuha, ni katiting na closure, sa pangyayaring ito...He was just a kid!" Hontiveros said in a statement.

(We failed Jemboy and the Baltazar family. In the midst of their grief, they receive nothing, not even closure with this development.)

"Tandaan rin natin na 19 na pulis ang sangkot sa malawakang operasyong ito, armado ng matataas na kalibre ng baril at sadyang nagpaulan ng bala sa mga bata- paano ito hindi maituturing na murder?" she asked.

(We should not forget that 19 policemen were involved in this operation, armed with high caliber firearms and they showered these kids with bullets- why was this not considered murder?)

'Systemic failure'

For Hontiveros, this kind of "mistaken identity" case that leads to death only showed the "deep systemic failure" of the Philippine National Police (PNP).

"The law does not clothe police officers with authority to kill indiscriminately. Malinaw ang tuntunin ng PNP sa timpladong paggamit ng dahas- dapat nila itong sundin. Buhay natin ang nakataya," she stressed.

(The law is clear for the PNP when it comes to the use of force—they must obey this. Our lives are at stake.)

"Excessive use of force. Impunity. Inhumanity. 'Yan ang mga madugong pamana ng administrasyong Duterte na s'yang nagpatupad ng 'tokhang.' 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," she said.

(This is the bloody legacy of the Duterte Administration which employed 'tokhang'.)

Hontiveros also called for the protection of Baltazar's family to ensure that they will not be harassed. —KG/RF/VDV, GMA Integrated News