JUSTICE Secretary Jesus Crispin Remulla instructed Justice Assistant Secretary Mico Clavano to explore all legal avenues in court’s decision regarding the court ruling on the death of 17-year-old Jerhode ‘Jemboy’ Salazar.
In a press conference attended by Baltazar’s mother, Clavano said the DOJ will appeal the Navotas City Regional Trial Court’s ruling.
“When the ruling was issued, Secretary Remulla contacted me right away. He directed me to review the facts of the case and the arguments presented by the judge to identify grounds for appeal. Our next step is to appeal the decision to the Court of Appeals through the Office of the Solicitor General. There are several aspects of the court’s decision that we believe warrant further examination, including the conspiracy and intent to kill, the reasonableness of police actions, and the police’s response when Jemboy attempted to flee,” Clavano said.
In response to the court’s decision, Rodaliza Baltazar, Jemboy’s mother, expressed her disappointment, noting the discrepancy between the sentence imposed on the involved officers and the lifelong impact of losing her son.
“They will only serve four years, while my son is gone forever. They conspired to shoot my son, and what? Is that all? They will just walk free,” Baltazar lamented tearfully in Filipino.
“I hope they also feel the pain my family is experiencing right now. I hope they do,” she added.
The Navotas City RTC ruled out the charge of murder, opting for homicide instead, citing the prosecution’s failure to establish premeditation in the killing.
“This is a case of a pursuit operation that tragically ended in death. Jerhode Jemboy Salazar, who was not the suspect, could have been spared if a police officer exercised restraint. Shooting someone merely for not surrendering is unjustifiable,” the Court declared.
On Monday, the court found Police Staff Sergeant Gerry Sabate Maliban guilty of homicide, while Police Executive Master Sergeant Roberto Dioso Balais Jr., Police Staff Sergeant Nikko Pines Corollo Esquillon (SWAT), Patrolman Benedict Danao Mangada, and Cpl. Edmard Jade Blanco were convicted of illegal discharge of firearms.
However, Police Staff Sergeant Antonio Balcita Bugayong was acquitted of all charges.
Maliban, convicted of homicide, has been sentenced to four years in prison.
