DOJ to pursue murder charges vs cops in Jemboy slay

In a press briefing on Tuesday, DOJ Spokesman Mico Clavano said that the Justice department will appeal Baltazar’s case before the Court of Appeals (CA), with the help from the Office of the Solicitor General.

“Ito ang desisyon ngayon sa tingin ho namin, hindi sapat. Dahil may makakalayang mga pulis subalit may mga nawala sa Baltazar family,” Clavano said in a press briefing.

(This is the decision today in our view, which we think is not enough. Because there are police officers who could be released, but someone is missing in the Baltazar family.)

“Marami po tayong mga nakitang mga areas at arguments doon sa desisyon na pwede na nating i-argue on appeal. Isa na po diyan ‘yung conspiracy, ‘yung isa ‘yung intent to kill, ‘yung reasonableness of the action taken by the police and the reaction that the police had noong medyo patakas si Jemboy,” he added.

(We have seen many areas and arguments in the decision that we can now argue during the appeal. One of those is conspiracy, another is intent to kill, the reasonableness of the action taken by the police, and the reaction of the police when Jemboy was trying to escape.)

In August 2023, the DOJ indicted six cops on the charge of murder for the killing of Baltazar.

However, the Navotas Regional Trial Court (RTC) Branch 286 handed down a lesser penalty of homicide to one police officer, imposed four months on four other cops, and acquitted one.

RELATED: Cop convicted of homicide in Jemboy case; others receive lighter penalties

In the 44-page decision of the court, PSSg. Gerry Maliban was penalized with a lower penalty of homicide as an “incomplete justifying circumstance” due to his “performance of duty” during the incident and his voluntary surrender to authorities.

The four cops, who were expected to be imprisoned for four months, were released as they had already served the sentence imposed by the court upon them.

When questioned about the choice to appeal to the Court of Appeals (CA) rather than filing a motion for reconsideration in the same court, Clavano clarified that the decision aims to guarantee the inclusion of all police officers involved, including the one who was acquitted, when the case is reopened.

“There are still some legal remedies that we can explore, although tama na dahil na-acquit na ‘yung isa, it will fall under the doctrine of double jeopardy. However, there are certain legal remedies that we can pursue which may open the case, even to the one who is acquitted,” Clavano said.

(There are still some legal remedies that we can explore, although it’s correct that since one has been acquitted, it will fall under the doctrine of double jeopardy. However, there are certain legal remedies that we can pursue that may reopen the case, even for the one who is acquitted.)

“This is a fight against a culture that has been hounding our society for a very long time, the culture of impunity,” he added.

Baltazar was shot by the police officers in the head on Aug. 2, 2023, after being mistakenly identified as Reynaldo Bolivar, a murder suspect they were pursuing.

Baltazar was shot by the cops while he and his friend were boarding a boat. His friend survived, but Baltazar died and remained submerged in the river until his remains were recovered hours later.

— Ian Laqui