GUILTY. The six dismissed cops charged with murder over the killing of 17-year-old Jerhode “Jemboy” Baltazar arrive at the Navotas City Regional Trial Court for the promulgation of the case on Tuesday (Feb. 27, 2024). The court convicted one of the six police officers of homicide over Baltazar's death. (PNA photo by Yancy Lim)
MANILA – The Navotas Regional Trial Court (RTC) on Tuesday convicted one of six dismissed police officers of homicide over the death of 17-year-old Jerhode “Jemboy” Baltazar in a case of mistaken identity.
In a 44-page decision, RTC Branch 286 Judge Pedro Dabu Jr. found Staff Sgt. Gerry Maliban guilty of homicide and sentenced him to four years in jail.
Maliban admitted to opening fire on the teenager during a Senate inquiry on the matter.
The court, meanwhile, found Executive Master Sgt. Roberto Balais Jr., Staff Sgt. Nikko Esquillon, Cpl. Edward Blanco, and Pat. Benedict Mangada guilty of the illegal discharge of firearms.
A lone accused, Staff Sgt. Antonio Bugayong, was acquitted.
The six cops were dismissed from the service in September last year.
State prosecutors initially filed murder charges against the six.
On Aug. 2, 2023, the police officers launched an operation to pursue a murder suspect when they chanced upon Baltazar on a boat.
They commanded Baltazar and his companion to surrender. However, the victim jumped into the river, prompting law enforcers to fire, resulting in his death.
The police officers later admitted that Baltazar was not the suspect they were looking for but a certain Reynaldo Bolivar.
Appeal
The Department of Justice (DOJ), meanwhile, assured the victim’s family that the government would continue to pursue the case and file an appeal.
DOJ spokesperson Assistant Secretary Mico Clavano, in a press briefing, said the victim’s mother Rodaliza has thanked the government for its support in pursuing the case.
“Dito sa (Here at the) DOJ, we have always been and we will always be evidence based, so hangga’t kaya, ipapaliwanag ho ng mga abogado kung ano talaga ang nangyari, ipapakita kung ano ang ebidensya na hawak nila at yun ang magiging basehan ng decision (so as long the lawyers can act and explain and as far as the evidence warrants that will be the decision of the DOJ on what we do next),” Clavano said.
“So we will exhaust all our legal remedies, move up to the Court of Appeals to be able to get the justice that we believe the Baltazar family deserves,” he added.
Clavano said they may also refer the case to the Office of the Solicitor General, which represents the state’s interest before appellate courts.
The Philippine National Police (PNP) said it respects the court’s ruling, which it said reflects the institution’s commitment to upholding justice and accountability within its ranks.
“While the circumstances surrounding this incident are regrettable, the PNP remains steadfast in its commitment to ensuring that any member found guilty of unlawful acts is held accountable for their actions. Transparency and accountability are paramount in fostering public trust and cultivating a professional and ethical law enforcement environment,” PNP spokesperson Col. Jean Fajardo said in a statement.
Fajardo said the ruling also underscores the importance of due process and the rule of law in our society.
“Moving forward, the PNP is dedicated to enhancing training, protocols, and oversight mechanisms to prevent similar incidents from occurring in the future. The PNP urges the public to maintain faith in the justice system and trust that cases involving law enforcement officers are thoroughly and impartially investigated,” she added. (with report from Lloyd Caliwan/PNA)
