SC affirms murder conviction of 3 cops in Kian delos Santos killing

The Supreme Court has declared the murder conviction of three police officers involved in the killing of 17-year-old Kian Loyd delos Santos during Rodrigo Duterte’s anti-illegal drugs campaign in 2017.

In a 40-page decision promulgated by the High Court’s Second Division, the justices denied the appeals of Police Officer (PO) III Arnel Oares, PO1 Jeremias Pereda, and PO1 Jerwin Cruz, sustaining the rulings of both the Regional Trial Court (RTC) and the Court of Appeals (CA) that found them guilty of murder. 

The officers were sentenced to reclusion perpetua, or up to 40 years of imprisonment, and were ordered to pay the family of delos Santos a total of P275,000 in civil, moral, and exemplary damages.

The ruling, penned by Associate Justice Jhosep Lopez, held that treachery attended the killing, emphasizing that delos Santos was in no position to defend himself when he was shot. 

The Court cited medico-legal findings indicating that the teenager was likely seated or kneeling at the time of the shooting, weakening the officers’ claim that they were engaged in a legitimate police operation.

Court records and witness testimonies showed that on the evening of August 16, 2017, delos Santos was stopped and frisked by the officers in Barangay Baesa, Caloocan City. 

After allegedly finding suspected illegal drugs, the officers were seen physically assaulting the teenager, and witnesses testified that delos Santos pleaded with the officers to let him go home, telling them he had an exam the following day.

The officers forced the teenager to hold a towel over what appeared to be a firearm and instructed him to raise his shirt over his head. Moments later, witnesses heard one officer ask whether delos Santos should be brought to the police station, to which another allegedly responded, “ibaba na lang natin ito,” shortly before the shooting occurred.

Surveillance footage from nearby closed-circuit television cameras corroborated witness statements, showing delos Santos being dragged to a dark and secluded area near a river, where he was shot multiple times by Oares and Pereda while Cruz was found to have acted as a lookout during the incident.

In rejecting the officers’ defense, the Supreme Court ruled that the claim of a shootout was inconsistent with the physical evidence and testimonies presented. 

The Court also dismissed the argument that inconsistencies in witness accounts weakened the prosecution’s case, describing the discrepancies as minor and unrelated to the elements of murder.

“The evidence established a chain of events showing that the accused deliberately placed the victim in a helpless position, allowing them to carry out the killing with impunity,” the Court said, concluding that treachery was clearly present.

The High Court also ruled that the defense of performance of official duty did not apply, stressing that the killing of a minor could not be justified as a lawful police action. 

“Performance of duties does not include murder,” the Court stated.