The Supreme Court (SC) has affirmed the murder conviction and the 40-year imprisonment of three police officers who shot and killed 17-year-old Kian delos Santos in Caloocan City during an anti-drug operation in 2017.
Affirmed was the conviction of police officers Arnel G. Oares, Jeremias T. Pereda and Jerwin R. Cruz.
On top of the prison term, they were ordered to pay Delos Santos’ family P275,000 in damages.
In the Delos Santos case, the SC said the police officers were not acting within the bounds of their duty, and even if they were, killing him was neither necessary nor justified.
It pointed out that “the killing of a minor could not be considered standard in this operation” and that the “performance of duties does not include murder.”
A summary of the case records issued by the SC’s Office of the Spokesperson stated that witnesses testified that the police officers stopped and frisked Delos Santos in Baesa, Caloocan City on the evening of Aug. 16, 2017.
After allegedly finding suspected illegal drugs, the police officers punched Delos Santos despite his cries and pleas to be allowed to go home because he had an examination the following day.
The summary also stated that the police officers forced Delos Santos to hold a towel covering what appeared to be a gun and made him stand with his shirt raised to cover his head.
Delos Santos was dragged near a river and moments later, he was shot multiple times by Oares and Pereda. Cruz stood guard near them.
When cases were filed, the police officers claimed they were responding to reports of illegal drugs activities in the area.
They argued that they were shot first and that prompted them to chase the shooter and fire back.
Both the regional trial court (RTC) and the Court of Appeals, on appeal, convicted the three police officers and sentenced them to reclusion perpetua.
The case was elevated to the SC.
In a decision written by Jhosep Y. Lopez, the SC affirmed the conviction of Oares, Pereda, and Cruz.
The SC said that murder is defined under Article 248 of the Revised Penal Code as the act of killing another person, especially when the act involves treachery, among other factors, as long as it is not parricide or infanticide.
It said that there is treachery when the victim has no chance to defend himself, and the attacker deliberately chooses the means or method of attack – like shooting the victim in vital areas, such as the head, or attacking from behind to prevent any defense.
It also said that Oares admitted to shooting Delos Santos, and witnesses and forensic evidence confirmed that the officers were responsible for the killing.
It added that an examination of Delos Santos’ body showed five gunshot wounds, two of which were to the head.
Thus, the SC said the killing involved treachery as it noted the testimony of a medico-legal officer who confirmed that, based on the gunshot wounds, Delos Santos was likely sitting or kneeling when he was shot.
It also said the examination revealed that the bullets entered from the side and back of Delos Santos’ head which showed that he likely did not see his attackers and was unable to defend himself.
At the same time, the SC said the police officers deliberately took Delos Santos to a secluded location and placed him in a helpless position, enabling them to kill him with impunity and ensuring the execution of the crime.
It junked Oares’ argument that he was merely performing his duties as the defense applies only when the harm is an unavoidable result of a lawful police action. (Rey Panaligan)
