CA upholds dismissal of cop over drug war kill

MANILA, Philippines — The Court of Appeals (CA) has upheld the dismissal from service of a police lieutenant over the killing of a 23-year-old epileptic in an anti-drug operation in 2017.

In a 12-page ruling, CA Associate Justice Emily San Gaspar-Gito affirmed the decision of the Office of the Ombudsman dismissing Gerry Geñalope for grave misconduct in connection with the killing of Djastin Lopez.

The ombudsman earlier found substantial evidence to establish the guilt of Geñalope as it gave credence to the testimonies of witnesses who said Lopez was socializing with his friends when a group of police officers approached him, pushed him to the ground, shot him, slapped him and shot him again.

Geñalope contested the ombudsman’s decision before the CA, arguing that many gunmen had fired at Lopez and that the evidence against him was mere hearsay, conjectures and surmises.

However, the CA said the anti-graft body correctly ruled that there is substantial evidence, including the “clear and categorical testimonies” of eyewitnesses, to find Geñalope guilty of grave misconduct.

“It is enough that there is substantial evidence to prove that petitioner willfully caused the death of Djastin to hold him liable for grave misconduct and that it shows a clear intent to violate a law,” the CA said.

“It is not natural for ‘socializing’ to be equated with an ‘illegal act’ that would justify police officers, especially petitioner, approaching and inflicting injuries on Djastin, more so of killing him with multiple gunshots,” the ruling read in part.

The CA also rejected Geñalope’s defense of presumption of regularity in his duties and self-defense, saying presumption of regularity does not apply when a person is killed in a police operation.