Homicide for ex-cop in Jemboy case

Seven months after 17-year-old Jemboy Baltazar was killed by Navotas policemen in what was claimed to be a mistaken incident, only one out of the six cops charged was meted by a Navotas court guilty of homicide.

The verdict was handed down by Navotas City Regional Trial Court Branch 286 yesterday, 27 February.

PSSgt. Gerry Maliban was found guilty of homicide while PEMS. Roberto Balais, PSSgt. Nikko Esquilon, P/Cpl. Edmard Jade Blanco and Pat. Benedict Mangada were found guilty of illegal discharge of firearms. PSSgt. Antonio Bugayong was acquitted .

Rodaliza Baltazar, mother of the victim, said the court sentenced former Police Staff Sergeant Gerry Maliban to four years in jail, although he was charged with murder. The mother lamented that it really hurts them as if like nothing happened to her son, “as if he wasn’t killed. It’s nothing because only one was convicted, only Maliban.”

The remark was aired by the mother following the promulgation of his case at the Navotas City RTC Branch 286.

The mother described the matter as if her son’s life was like a dog or a cat wherein the accused were tried for a short while and then nothing. “Where is the justice for my son?”

“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,” said the mother.

Justice Secretary Jesus Crispin Remulla instructed prosecutors of the Department of Justice to study the ruling of the Navotas Regional Trial Court.

“In the decision of the court we found there many areas or arguments that we can argue about on appeal,” Remulla said.

Justice Undersecretary Atty. Miko Clavano said that with the order of Remulla the DoJ will file an appeal through the Office of the Solicitor General to the Court of Appeals the ruling of the Navotas Regional Trial Court.

On 2 August, Baltazar died 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.

The two tried to give up themselves but the police officers allegedly kept on shooting, prompting Baltazar to dive into the water.

In their defense, the cops claimed it was a case of mistaken identity and some of them 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.

But 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.

His death certificate showed that Baltazar’s cause of death was a gunshot wound to the head as well as asphyxia from drowning.