MANILA – National Capital Region Police Office (NCRPO) director Brig. Gen. Jose Melencio Nartatez ordered the relief of Navotas City police chief Col. Allan Umipig from his post in connection with the death of 17-year-old Jerhode Jemboy Baltazar in a case of mistaken identity.
In an order dated Aug. 15 and released Wednesday, Nartatez said the move is based on the recommendation of the Philippine National Police-Internal Affairs Service (PNP-IAS) after its investigation showed that he ordered the exclusion of the names of another 11 police officers from the report on the Aug. 2 operation in the city’s Barangay NBBS Kaunlaran that led to Baltazar’s death.
Nartatez said the IAS recommendation is the same as that of the recommendation of Northern Police District (NPD) director Brig. Gen. Rizalito Gapas.
“Perusal of these records I concurred with their conclusion as well as approved their recommendation and one of the recommendations is the relief of the Chief of Police (Umipig),” Nartatez said.
Nartatez also ordered the filing of an administrative complaint against Umipig for failure to supervise the conduct of police operation and investigation and command responsibility for the lapses in the probe.
“The Chief of Police failed to supervise the conduct of police operation and corresponding investigation hence, he is liable under the Doctrine of Command Responsibility; and violation of article 275 of the revised penal code or the abandonment of one’s own victim by failing to help or render assistance to another whom the offender has accidentally wounded and injured was committed for which all the participating personnel in the said operation could be liable,” Nartatez.
Also ordered relieved from their posts were Capt. Juanito Arabejo, officer-in-charge of the Station Investigation and Detection Management Section (SIDMS) of the Navotas City Police and Chief Master Sgt. Aurelito Galvez, chief clerk of the same section.
They would also face complaints for simple neglect of duty after failing to submit suspects to paraffin examination and failure to search for, collect preserve and record evidence.
Nartatez also ordered the relief of Captains Mark Joseph Carpio, Luisito dela Cruz and Luis Rufo; Executive Master Sgt. Jose Oriendo; Staff Sergeants Rondell Sauza, Johnvir Tagacay, Melvin Napay, Mervin Villanueva, Rolan Orbita, Kenneth Amangan, Jorge Boco and Ever Layco; and Corporals Aldrin Pascual and Mark Joseph Blanco and the filing of criminal and administrative complaints for violation of Article 275 of the Revised Penal Code (failure to help or render assistance to another whom the offender has accidentally wounded or injured) and for less grave misconduct.
Nartatez explained that there was a failure on the part of Umipig to effectively supervise his men during the conduct of both the operation and the ensuing investigation.
“The other policemen involved in the operation on August 2, there were lapses there,” said Nartatez.
“The IAS will also file charges against the 11 police officers whose identities were initially concealed. They will be charged for abandoning the victim and other possible violations of police operational procedures,” Triambulo said.
Triambulo said the case is already at the summary hearing stage which may take around 20 days.
He earlier said they are expecting to release their recommendation in the first week of September.
Six police officers, along with their two immediate supervisors, have already been charged with administrative cases for grave misconduct over the incident.
Those charged with reckless imprudence resulting in homicide in connection to Baltazar’s death were Executive Master Sgt. Roberto Balais, Staff Sergeants Gerry Maliban, Antonio Bugayong and Nikko Esquilon, Cpl. Eduard Blanco and Pat. Benedict Mangada.
The six police officers’ legal counsels attended Tuesday’s preliminary hearing on the case on their behalf.
Baltazar’s camp, meanwhile, filed a motion seeking to upgrade the charges against the cops to murder, a non-bailable case. Reckless imprudence resulting in homicide is a bailable case.
Baltazar’s companion during the incident was also present during the preliminary probe. He will serve as the witness for the victim’s camp.
The teenager and his companion were preparing their boat for fishing when the police officers, who were then conducting a pursuit operation in relation to a murder incident, arrived at the scene.
The witness said they initially hid in a corner as they were afraid of the cops.
He said around 10 police officers, some of them clad in civilian clothes, ordered them to come out and threatened to shoot them.
When they were about to come out, the police started shooting, prompting Baltazar to jump in the water.
He said the police shot Baltazar several times while in the water, hitting the victim in the head and right hand, and was later recovered dead hours later.
The policemen in their report following the incident admitted that they had mistaken Baltazar for a murder suspect. (PNA)