Jemboy Baltazar's parents to appeal 'unacceptable' court decision

The family of mistaken identity victim Jemboy Baltazar on Wednesday said they will appeal the court's decision on the six former policemen linked to the killing, five of whom were convicted.

“Hanggang dulo ilalaban po talaga namin kahit buhay namin i-aano namin para lang makuha namin yung histisya para sa anak namin,” Jemboy’s mother Rodaliza told GMA Integrated News’ Unang Balita.

(We will fight until the end to get justice for our son even if we have to sacrifice our lives.)

“Iyong [Department of Justice], pinangako po nila na tutulungan nila kami na i-apela iyong kaso para mabuksan po ulit yung kaso ng anak ko,” she added.

(The Department of Justice vowed to help us appeal the case so it will be reopened.)

For Jemboy’s family, the court decision was disappointing and unacceptable because only one of the six accused will remain in jail.

“Bakit isa lang po iyong nakulong tapos iyong lima po makakalaya? Sobrang dismayado po kami sa naging desisyon sa pagkawala ng anak ko,” Rodaliza said.

(Why only one will be imprisoned but the five are free? We are very disappointed with the decision on my son’s case.)

“Hindi ho katanggap-tanggap (it was unacceptable),” Jessie, Jemboy's father, said for his part.

Asked if the family would present more evidence during the appeal, Rodaliza pointed out that the police conspired to supposedly cover up the crime and limit the access to evidence.

According to her, instead of the cops, another person retrieved the body of Jemboy from the river. She added that the cops allegedly did not look for evidence or witnesses to help their family.

“Parang nagsabwatan na po sila para pagtakpan po nila iyong kapwa nila pulis. Iyon po iyong inaano namin, iyon po iyong naging kultura sa lugar po kasi namin. Mahirap na nga po kami, nahihirapan pa po kami hanapin iyong hustisya para sa anak ko,” she said.

(It seems that they conspired to shield their fellow policemen. That has become the culture in our area. We are poor and we are also struggling to find justice for my son.)

In a press conference at the Senate, Rodaliza said that the court decision essentially "killed" their son twice.

"Para po nilang pinatay uli yung anak ko sa naging desisyon nila sa anim na pulis. Yun po yung naramdaman ko na sobrang sakit. Tapos ganun lang po yung magiging desisyon na mabilis na apat na buwan lang po sila makukulong," she said.

(It's like they killed my son twice with the decision on those six policemen. I feel so much pain right now. Their decision was to just detain them for four months.)  

"Sobrang sakit po sa amin, sa pamilya po namin na ganun lang po pala yung buhay ng tao na mahirap ka na mahirap ka humanap ng katarungan. At ng hustisya na katulad namin. Ang inaano ko po sana po sa iba pang mga katulad namin na magulang o kaya kapatid...huwag po tayo mawalan ng pag-asa...malaki po yung pag-asa namin na makukuha po namin 'yung totoong hustisya sa pagkamatay ng anak ko na si Jemboy," she added.

(This hurts my family so much, to see that a person living a hard life will also find it hard to find justice. Just like us. Our message to anyone facing the same situation, whether as a parent or a sibling ... do not lose hope... we have high hopes that we will find true justice that my son deserves.)

Of the six former policemen charged for Jemboy's killing, the Navotas Regional Trial Court Branch 286 found only Police Staff Sergeant Gerry Maliban guilty of homicide with a sentence of four to six years imprisonment.

The court also found guilty Police Executive Master Sergeant Roberto Balais Jr., Police Staff Sergeant Nikko Esquilon, Police Corporal Edmark Jake Blanco, and Patrolman Benedict Mangada for illegal discharge of firearms with a sentence of four months and one day imprisonment.

Police Staff Sergeant Antonio Bugayong, meanwhile, was acquitted.

Senator Risa Hontiveros, who was with Jemboy's parents at the press conference, pointed out that if Maliban was only dismissed from service due to his previous involvement in a robbery extortion case, Baltazar would still be alive today.

She then raised the need to pass the Senate Bill 2449 which seeks reforms in the national police force as this empowers the PNP Internal Affairs Service to conduct motu propio investigations during incidents of death, serious physical injuries and human rights abuses during police operations; when police officers are involved in crimes such as murder, kidnapping, illegal detention, robbery, violence against women and children,and crimes involving moral turpitude.

On Tuesday, Justice Secretary Jesus Crispin Remulla ordered the DOJ to appeal the decision handed by the court against the accused former police officers.

DOJ spokesperson Mico Clavano said the decision will be appealed before the Court of Appeals through the Office of the Solicitor General.

Rodaliza said the family wants a longer sentence for all the accused.

“Makulong po sila nang matagal para pagdusahan nila iyong nagawa nilang kasalanan sa anak ko. Sila po makukulong lang pero iyong anak ko patay na. Hindi na po makakabalik,” she said.

(They should be imprisoned for a long time so that they suffer for what they did to my son. They will just go to jail but my son is dead. He will never go back.)

Jemboy died on August 2, 2023 while on his way to go fishing after he was shot by Navotas City policemen who at that time were pursuing a shooting suspect in Barangay NBBS Kaunlaran.

A companion who was with Jemboy 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 Jemboy 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 Jemboy.

Based on the autopsy, Jemboy 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, Jemboy’s cause of death was a gunshot wound to the head as well as asphyxia from drowning. —With Hana Bordey,KBK/RF, GMA Integrated News