THE decision of National Capital Region Police Office director Brigadier General Jose Melencio C. Nartatez Jr. to dismiss eight Navotas City policemen involved in the killing of 17-year old Jemboy Baltazar is a warning to all policemen that their misdeeds won’t be tolerated, officials said.

Nartatez imposed his ‘iron-fist policy’ against erring members of the Metro Manila police force when he signed the dismissal papers of the eight Navotas policemen investigated in connection with the brutal death of the teenager who was shot after being mistaken for a fleeing murder suspect.

Philippine National Police chief General Benjamin C. Acorda Jr. earlier said they are putting a premium on command responsibility as he also ordered last week the administrative relief of the chief of the Bacoor City Police Station after two of his men were arrested for extortion.

The Metro Manila police chief said that Captains Mark Joseph U. Carpio and Luisito M. dela Cruz were found liable for grave neglect of duty and were ordered dismissed from the police service.

Likewise, Police Executive Master Sergeant Roberto D. Balais Jr, Staff Sgy. Antonio B. Bugayong Jr., SSgt. Gerry S. Maliban, SSgt. Niko Pines C. Esquillon, Corporal Edmark Jake S. Blanco and Patrolman Benedict D. Mangada were found liable for grave irregularity in the performance of duty and conduct unbecoming of a police officer and were likewise ordered dismissed from the service.

Nartatez cited the powers vested to him under Section 42 or Republic Act 6975 as amended by RA 8551 or the law that established the Philippine National Police in 1990 and RA 8551 or the PNP Reform and Reorganization Act of 1998 in signing the dismissal papers of the eight Navotas City policemen.

Section 42 of RA 6975 says that “the Chief PNP and regional directors, after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member when the charge is serious and the evidence of guilt is strong; when the respondent is a recidivist or has been repeatedly charged and there re reasonable grounds to believe that he is guilty of the charges; and when the respondent is guilty of conduct unbecoming of a police officer.”

The NCRPO chief said that “the Disciplinary Authority, after careful review of the Report of Investigation, agrees with the finding of the Summary Hearing Officer that there is substantial evidence to hold the respondents administratively liable for the offense charged.”

The NCRPO investigation showed that in his sworn affidavit, a companion of Jemboy, identified as Sonny Boy Agustilo, said that he and the victim wanted to leave the boat they were riding after hearing consistent and numerous gunshots fired by the responding police officers.

Consumed by fear, Jemboy attempted to leap from the boat’s opening and jumped into the water. The witness said that afraid that Jemboy would be hit by bullets being fired by the policemen, he attempted to stop the latter from leaving the boat.

However, Jemboy’s body had been made slippery by oil and water from the boat, thus preventing him from holding on to the teenager.

The witness said that after Jemboy jumped to the water, the policemen fired successive shots.

The NCRPO probe said that the testimony of the witness is a proof that there were rounds of gunshots fired in the area and that the claim of Cpt. Dela Cruz that they shouted and stopped their men from firing in the river is ‘apparently self-serving.’

“It is likewise indicative that the two respondent Police Commissioned Officers have no control over their men who are firing at will,” the investigation showed.

The NCRPO also said that “the act of leaving the area of operation without exerting effort to locate alias ‘Jemboy’ and provide assistance to him is a complete contravention of the Police Operational Procedures or POP Manual.

“Their claim that they tried to locate him (Jemboy) through the use of a boat is a mere after thought. It was not included in any of the affidavits until the supplement (affidavit) of Cpt. Carpio.

Nartatez said that “the apparent neglect of existing operational guidelines by respondents Cpt. Carpio and Cpt. 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.”

In particular, the following were cited by the NCRPO chief: The absence of coherent instructions on the use and availability of a body-worn camera or any alternative recording device during the operation to document their action;

By disregarding the mandate under the PNP 2001 Operational Procedure on the application of the force continuum and whether the conditions provided thereat exists under the aforecited circumstances;

By failing to supervise their subordinates in exercising caution and fire discipline in shooting at the deceased Jemboy considering the absence of armed response form the latter;

By leaving the body of the subject floating in the water for more than three hours without attendant effort to secure immediate medical attention or the initiative to bring Jemboy’s cadaver to the nearest hospital and;

Failing to request for the immediate response from the Station Investigator or the Scene of the Crime Operatives (SOCO) for the processing of the scene of the incident.

In his decision to fire the eight, Nartatez said ‘he takes into account the totality of the respondent’s actions in determining whether or not they acted in bad faith by willfully transgressing the PNP operational norms.’