National Capital Region Police Office chief Brig. Gen. Jose Melencio Nartatez has dismissed the policemen involved in the death of 17-year-old Jerhode “Jemboy” Baltazar in a case of mistaken identity in Navotas City last month.

Dismissed from the service were Executive Master Sgt. Roberto Balais Jr.; Staff Sergeants Antonio Bugayong Jr., Gerry Maliban and Nikko Pines Esquillon; Cpl. Edmard Jake Blanco; and Pat. Benedict Mangada.

The dismissal was based on the recommendation of the PNP Internal Affairs Service, which probed the killing.

In the 10-page resolution dated 13 September, Nartatez said there is “substantial evidence” to hold the cops administratively liable for the killing of Baltazar.

“The inconsistencies in the affidavits they submitted in the summary hearing proceedings and the one executed on the same day of the incident to support the inquest proceeding against their personnel as to the fact they have seen alias “Jemboy” leap from the boat then their personnel firing in the water, are clear attempts to evade responsibility and accountability for their action,” Nartatez said in his resolution.

The team leaders Captains Mark Joseph Carpio and Luisito Dela Cruz were also included for dismissal for serious grave neglect of duty because they did not personally supervise their team during the operation.

“The apparent neglect of existing operational guidelines by respondents Carpio and Dela Cruz resulted in the breakdown of tactical control over the conduct of the subject operation over the actions of subordinate officers under their supervision,” it added.

“The undersigned Disciplinary Authority takes into account the totality of the respondent’s actions determining whether or not they acted in bad faith by willfully transgressing the PNP operational norms. The cited instances from direct evidence of their failure to supervision the operation hence, there is no iota of doubt, based on the above findings and factual milieu, that respondents PCO were remiss of their duty as immediate supervisors,” the resolution said.

The respondents found neglect of duty under the doctrine of command responsibility and presumption of knowledge it is evident from the foregoing that the charge is serious and the evidence of guilt of respondents is strong, as a summary of the dismissal case is not strictly bound by the rules on the appreciation of the mitigating and aggravating circumstances in accordance to National Police Commission Memorandum Circular 2019-005.

“The disciplinary authority, after careful review of the report of investigation agrees with the findings of the SHO that there is substantial evidence to hold the respondents administratively liable for the offense charged,” Nartatez said.

NCRPO spokesperson Lt. Col. Eunice Salas said the eight cops have 10 days to file a motion for reconsideration against the order dismissing them from the police force.

If they opt to not file an appeal, Nartatez will then sign a certificate of finality, after which a dismissal order will be issued.