The Supreme Court affirms the murder conviction of the three Caloocan policemen for the death of 17-year-old Kian Delos Santos in Caloocan City on 2017.
In a ruling by the Second Division, police officers Arnel Oares, Jeremias Pereda and Jerwin Cruz were convicted of murder and sentenced to reclusion perpetua, or up to 40 years in prison.
The police officers were also ordered to pay Delos Santos’ family P275,000 in damages.
According to the decision by the higher court, treachery was present when Delos Santos was shot since he was not in a position to defend himself.
The court noted that witnesses saw the police officers stop and frisk Kian.
After allegedly finding suspected drugs, the officers assaulted Kian Delos Santos, who pleaded to be allowed to go home because he had an exam the next day.
They later forced him to hold a towel concealing what appeared to be a gun and made him raise his shirt over his head.
Witnesses heard one officer suggest taking him to the police station, but the others suggested, “ibaba na lang natin ito.” (let us put him down)
The officers then dragged Delos Santos to a dark area near a river, where Arnel Oares and Jeremias Pereda shot him multiple times as Jerwin Cruz stood guard.
“Therefore, when Kian was shot, he was not in a position to defend himself. Next, we note that the prosecution evidence showed the chain of events that led to Kian being particularly put in this location and in that position by the accused, allowing them to shoot Kian with impunity and ensuring the execution of the crime,” the court said in the decision penned by Associate Justice Jhosep Lopez.
Both the Regional Trial Court (RTC) and the Court of Appeals (CA) has convicted the officers of murder and sentenced them of reclusion perpetua without eligibility for parole.
The Supreme Court rejected the claim of of the police officers that the inconsistencies in the testimonies of the witnesses affected their credibility in their appeal for the reversal of their convictions.
However, the SC removed the phrase “without eligibility for parole.” in the RTC and CA’s decisions.
“As there are no circumstances warranting the imposition of the death penalty due to the lack of generic aggravating circumstances, the said phrase should be deleted,” the SC said.