Manila: The Supreme Court has affirmed the conviction of three police officers for the killing of 17-year-old Kian delos Santos during an anti-drug operation in Caloocan City in 2017. In a 40-page decision made public on Monday, the SC's Second Division found police officers Arnel Oares, Jeremias Pereda, and Jerwin Cruz guilty of murder, sentencing them to up to 40 years in prison and ordering them to pay PHP275,000 in damages to the teen's family.
According to Philippines News Agency, on the evening of August 16, 2017, witnesses observed the officers stop and frisk delos Santos in Baesa, Caloocan City. After allegedly finding suspected drugs, the officers reportedly punched him as he pleaded to be allowed to go home, citing an exam the next day. The officers then forced delos Santos to hold a towel covering what seemed to be a gun and made him stand with his shirt raised to cover his head. Witnesses heard one officer question whether they should take delos Santos to the police station, to which the others responded, "ibaba na lang natin ito (let's take him down)."
The officers dragged delos Santos toward a dark area near a river, where moments later, he was shot multiple times by Oares and Pereda, while Cruz stood guard. Cases were filed against the officers, who claimed they were responding to reports of drug activity in the area. They argued that shots were fired towards them, prompting Oares to chase the shooter and fire back.
The Regional Trial Court and the Court of Appeals had previously convicted the officers of murder and imposed the penalty of reclusion perpetua without eligibility for parole. The SC affirmed the conviction, ruling that all the elements of murder were present. "Oares admitted to shooting Kian. Witnesses and forensic evidence confirmed that the officers were responsible for the killing. An examination of Kian's body showed five gunshot wounds, two of which were to the head," the SC stated.
The court rejected the officers' claim that inconsistencies in the witnesses' testimony affected their credibility, ruling that these minor differences did not pertain to the elements of the crime. The SC also dismissed Oares' argument that he was merely performing his duties. "This defense applies only when the harm is an unavoidable result of a lawful police action. In this case, the officers were not acting within the bounds of their duty - and even if they were, killing Kian was neither necessary nor justified," it noted.
The SC emphasized that "the killing of a minor could not be considered standard in this operation" and that the "performance of duties does not include murder." While affirming the conviction, the SC modified the penalty imposed by the RTC and CA by removing the phrase "without eligibility for parole." "This applies only when there are circumstances that justify the death penalty, which were not present in this case," it clarified.
