Ombudsman orders murder charges vs Tondo cop in 2017 'tokhang' case

MANILA, Philippines — The kin of an alleged victim of the government’s bloody war on drugs scored a win at the Office of the Ombudsman, which ordered the dismissal and filing of murder charges against a Tondo cop over the killing of Djastin Lopez, a 23-year-old epileptic, in 2017.

The STAR reported that the Ombudsman has ordered the filing of murder charges against PO3 Gerry Geñalope.

The Philippine National Police has shifted to a new rank system but the Ombudsman resolution uses the old rank system.

It also found the Tondo cop guilty of grave misconduct and ordered his dismissal from service, the cancellation of his eligibility to be a police officer, forfeiture of his retirement benefits and his perpetual disqualification from holding public office.

.@OmbudsmanPh orders dismissal from service & filing of murder charges vs PO3 Gerry Geñalope of MPD Police Station 7 in Tondo over the killing of Djastin Lopez, a 23-year-old epileptic, on May 18, 2017. | @marcelo_beth pic.twitter.com/3w5rAMWtRi

— The Philippine Star (@PhilippineStar) April 4, 2019

The case stemmed from a police operation on May 18, 2017.

Djastin’s mother said that her son was with his friends when policemen came in and accosted everybody in their way. She said her son Djastin was having an epileptic seizure and inadvertently bumped into one of the policemen, who slapped and then shot him.

READ: MPD cops face murder, planting of evidence raps

The Ombudsman said that there is probable cause to believe that Geñalope committed murder.

"By invoking self-defense, Geñalope admitted inflicting the fatal injuries that caused the death of Djastin," the resolution read.

"It is basic that once an accused in a prosecution for murder or homicide admitted his infliction of the fatal injuries on the deceased, he assumed the burden to prove by clear, satisfactory and convincing evidence the justifying circumstance that would avoid his criminal liability," it added.

The resolution also noted that two witnesses testified that the cop pointed his gun at Djastin, who was pleading “Huwag po. Huwag po. (Please, don't. Please, don't)”

"Despite the pleas of Djastin, PO3 Geñalope pushed him, causing him to fall on the ground in a supine position," the Ombudsman said.

With the victim on the ground, Djastin was not in the position to defend himself, but the Ombudsman said that the cop "fired at him and inflicted upon him five fatal gunshot wounds on his chest and abdomen."

The Ombudsman however dismissed the complaints against Senior Inspector Jojo Salanguit and three other John Does from the Manila Police District Station 7 for "insufficiency of evidence."

The office ordered the conduct of further investigation to look into the legitimacy of the May 18, 2017 operation.

Lopez’s case is included in one of the latest communications filed before the International Criminal Court alleging crimes against humanity in the Duterte administration's bloody campaign against illegal drugs.

— Kristine Joy Patag with reports from The STAR/Elizabeth Marcelo