Instead of murder as charged, a policeman was found guilty by the Navotas City regional trial court (RTC) of homicide in the shooting that led to the death of 17-year-old Jerhode Jemboy Baltazar, in Navotas City on Aug. 2, 2023.
In a 44-page decision issued by RTC Judge Pedro T. Abu Jr., found "guilty beyond reasonable doubt of the crime of homicide as defined in Articl 249 of the Revised Penal Code" was PSSg Gerry S. Maliban.
Maliban was sentenced to a prison term ranging from four years, two months and 10 days of prision correccional up to six years, four months and 20 days of prision mayor.
He was also ordered to pay the heirs of Baltazar P50,000 as civil liability and another P50,000 as moral damages.
In the same decision, Judge Abu convicted Maliban’s co-accused of illegal discharge of firearms under the RPC.
They were named in the decision as PEMS Roberto D. Balais Jr., PSSg Nikko Pines C. Esquillon, PCpl Edward Jade S. Blanco, Pat. Benedict D. Mangada, all of whom were sentenced to four months and one day of arresto mayor.
Judge Abu ordered the Manila District Jail Annex 2 where the four policemen are being held to release them if “after crediting their preventive imprisonment, the said accused have already served their sentence imposed upon them here unless any of them is being held for some lawful cause."
On the other hand, the judge acquitted their co-accused, PSSg Antonio B. Bugayong Jr. who was ordered released “unless he is being detained for some lawful cause.”
In his decision, Abu said that witnesses failed to identify Bugayong as one of the shooters and the policeman “did not admit before the Senate Investigation that he fired his gun.”
“The paraffin test conducted on his firearm yielded negative result for gunpower,” the decision also stated.
Baltazar was shot and killed on Aug. 2, 2023 in Navotas City while he and his friends were cleaning a fishing boat.
At that time, policemen were conducting a hot pursuit operation and mistook Baltazar as the robbery suspect they were chasing.