The Department of Justice has assured the family of 17-year-old Jerhode “Jemboy” Baltazar, who was killed in a “mistaken identity” police operation, that it would exhaust all legal remedies as it reviews the ruling of Presiding Judge Pedro Dabu Jr. after the 5 accused policemen were freed and the sole convicted officer was sentenced to 4-6 years in prison.
The Baltazars originally filed murder charges against six Navotas policemen for shooting Jemboy in his boat, after he was mistaken for another suspect they were chasing during a police operation on August 2, 2023, at Barangay North Bay Boulevard, South Kaunlaran in Navotas City.
However, the court instead found only Police Staff Sgt. Gerry Maliban guilty of homicide. He was meted a penalty of four to six years in prison and ordered to pay P50,000 in moral and civil damages.
According to the judge, Maliban “did not commit murder” since he “cannot be said to have employed means, methods, or forms in the execution of the crime.”
“There is no doubt PSSgt. Maliban was performing his duty during that fatal incident,” the judge said.
The four other officers involved were found guilty of illegal discharge of firearms and sentenced to a maximum of four months and one day in prison, and were ordered released since they had already served the sentence during their preventive detention at the Metro Manila District Jail in Taguig City.
Another officer was acquitted after the court said there was “doubt” as to whether he fired his gun during the operation.
As the victim’s family naturally protested the court’s ruling, Justice Assistant Secretary Jose Dominic Clavano said Justice Secretary Jesus Crispin Remulla had ordered him to review the facts and arguments in the case to see what they could appeal. He said the DOJ plans to elevate the case to the Court of Appeals, with the Office of the Solicitor General serving as counsel for the Baltazar family.
He said that based on the DOJ assessment, there were several arguments in the decision that could still be challenged, including conspiracy, intent to kill, and “reasonableness of the action taken by the police and the reaction that the police had when Jemboy ran away.”
The DOJ official said that the Baltazars will remain under the government’s witness protection program for their security. He also added that the Marcos administration has a “changed view” regarding cases of extrajudicial killings like what happened to Jemboy.
While the court decision favoring the policemen involved in the death of Jemboy may be disappointing, it is encouraging to see the Department of Justice finally taking the side of the victims in this case of extrajudicial killing. Hopefully it signals a shift towards the healing of the country’s justice system that had been severely damaged by its own government as it prosecuted its bloodthirsty drug war, where cops were practically given the power to act as judge, jury, and executioner in the name of convenience.*
