The Navotas City Regional Trial Court Branch 286 recently delivered its verdict on the case involving the “mistaken” killing of 17-year-old Jemboy Baltazar in August last year. While the original charge against the six Navotas policemen was murder, the court convicted only one, Ssg. Gerry Maliban, of reckless imprudence resulting in homicide, rather than murder.
According to the court’s decision, Maliban cannot be held accountable for employing means or methods in the execution of the crime. The decision further stated that the urge to shoot the victim only arose when the victim attempted to escape. As a result, Maliban was ordered to pay P50,000 in moral and civil damages to the victim’s family.
Ssg. Niko Pines Esquilon, EMS Roberto Balais Jr., Cpl. Edmard Jake Blanco, and Pat. Benedict Mangada were convicted of illegal discharge of firearms, with each receiving a four-month prison sentence. On the other hand, Ssg. Antonio Bugayong Jr. was acquitted.
Rodaliza, Baltazar’s mother, expressed disappointment with the court’s ruling, stating, “The policeman who was found guilty would only be imprisoned for four years while my son was gone forever.”
During the investigation, the city police chief acknowledged that his men had committed lapses in protocol by failing to issue a warning before firing at Baltazar, who turned out to be a mistaken target. Baltazar tragically died from a single gunshot wound to the head.
In a separate development, on September 15, 2023, the National Capital Region Police Office approved the dismissal of the six policemen, along with two other police captains, Mark Joseph Carpio and Luisito de la Cruz, for grave neglect of duty. However, their dismissal is still appealable.
Many individuals, including former senator Leila de Lima, believe that Baltazar’s family did not receive the justice they deserved. De Lima stated, “The light penalty for homicide imposed on only one of the Navotas cops who shot and killed Jemboy Baltazar, with the others being merely slapped on the hand with illegal discharge of firearms, does not convince us that justice has been served.” She further emphasized that the crime occurred within the context of Duterte’s drug war, where police were given the authority to shoot and kill mere suspects, often resulting in the death of innocent individuals like Jemboy.
De Lima argued that the apparent failure of the Philippine justice system in this case is reason enough to allow the International Criminal Court (ICC) to investigate the alleged human rights violations committed during the drug war under former president Rodrigo Duterte. She expressed the need for the ICC to bring the perpetrators of the drug war killings to justice, as the local courts’ handling of these cases raises concerns about the fairness and effectiveness of the justice system.
The verdict in the Navotas teen’s killing has sparked a debate about the adequacy of the sentences imposed on the policemen involved. It has also reignited discussions about the need for accountability in cases of extrajudicial killings and human rights violations. As the case unfolds, it remains to be seen whether there will be further legal actions or appeals that may lead to a reconsideration of the court’s decision.
Source: The Manila Times
