The Supreme Court has affirmed the murder convictions of three Caloocan police officers for the 2017 killing of 17-year-old Kian delos Santos, junking their attempt to overturn earlier rulings by lower courts.
In a 40-page decision by its Second Division, the high court denied the appeals of Arnel Oares, Jeremias Pereda and Jerwin Cruz, sustaining their guilt for murder. The ruling, penned by Associate Justice Jhosep Lopez, agreed with the Regional Trial Court and the Court of Appeals that treachery attended the killing.
“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.
“Considering all these circumstances, treachery was present,” it added.
The decision maintained the penalty of reclusion perpetua, or up to 40 years in prison, and ordered the officers to pay a total of ₱275,000 in damages to the victim’s family.
Court records showed that on the night of August 16, 2017, witnesses saw the officers accost and frisk delos Santos in Barangay Baesa, Caloocan City. After allegedly finding suspected drugs, the policemen were seen striking the teenager, who pleaded to be allowed to go home for an exam the next day.
Instead, he was forced to clutch a towel concealing what appeared to be a firearm, with his shirt pulled over his head. Witnesses later recalled hearing one officer suggest bringing him to the police station, only to be met with the reply, “ibaba na lang natin ito.”
Delos Santos was then dragged to a dark area near a river, where Oares and Pereda shot him multiple times while Cruz stood watch, according to court findings.
The officers claimed they were conducting an anti-drug operation and fired only after being shot at, but both the RTC and CA rejected their defense and found them guilty of murder without parole—a ruling now firmly upheld by the Supreme Court.