Cops in Jemboy Baltazar case appealed dismissal from service — PNP

The eight former policemen who were linked to the death of 17-year-old mistaken identity victim Jerhode "Jemboy" Baltazar have appealed their dismissal from the service, the Philippine National Police (PNP) said on Friday.

In a press conference, PNP spokesperson Police Colonel Jean Fajardo said the eight cops filed their appeal at the Regional Appellate Board as early as November 2023.

"Under appeal po sila. 'Yung mga na-dismiss po nag-appeal po sila as early as November 2023. Na-dismiss po sila September. I was informed earlier na nag-submit po sila ng appeal sa Regional Appellate Court," she said.

(Their dismissals are under appeal. Those who were dismissed submitted their appeal as early as November 2023. They were dismissed last September. I was informed earlier that they submitted an appeal to the Regional Appellate Court.)

Six of the eight cops were charged over the killing of Baltazar, who died on Aug. 2, 2023. He was on his way to go fishing when he was shot by Navotas City police who were pursuing a shooting suspect in Barangay NBBS Kaunlaran.

In September 2023, the National Capital Region Police Office (NCRPO) approved the recommendation of the PNP Internal Affairs Service (PNP IAS) to dismiss the eight cops. According to a Super Radyo dzBB report, they were found guilty of administrative cases including grave irregularity in the performance of duty and conduct unbecoming of a police officer.

The six policemen fired shots during the pursuit operation, while the remaining two were their team leaders.

Last Tuesday, the Navotas Regional Trial Court Branch 286 on Tuesday found only Police Staff Sergeant Gerry Maliban guilty of homicide, with a sentence of four to six years imprisonment.

Separate cases

Of the six accused, only Police Staff Sergeant Antonio Bugayong was acquitted. The court ruled that there were conflicting accounts on whether or not Bugayong fired his gun.

"Kahit na-acquit po siya sa criminal case, hindi po automatic na mare-reverse po yung findings of guilt sa kanya sa administrative case," Fajardo said.

(Even if Bugayong was acquitted in the criminal case, the findings of guilt against him in the administrative case will not automatically be reversed.)

She noted that pieces of evidence presented for their criminal cases are different from those for their administrative cases.

For illegal discharge of firearms with a sentence of four months and one day imprisonment, the Navotas court convicted four former policemen — Police Executive Master Sergeant Roberto Balais Jr., Police Staff Sergeant Nikko Esquilon, Police Corporal Edmark Jake Blanco, and Patrolman Benedict Mangada.

Despite their guilty verdict, the four were also set free as their four-month prison sentence was deemed served, taking into account their preventive imprisonment that began on Oct. 6 last year.

Seeking justice

Justice Secretary Jesus Crispin Remulla on Tuesday ordered the Department of Justice (DOJ) to appeal the decision handed by the court against the six former police officers. The Baltazar family has said it would appeal the court decision.

On the day of crime in August 2023, 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. The Navotas court found that Balais, Esquilon, Blanco, and Mangada fired their guns into the water, but "lacked the intention to kill the victim."

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. — VDV, GMA Integrated News