SC affirms murder convictions in Kian delos Santos case

THE Supreme Court (SC) has affirmed the murder convictions of three police officers in connection with the 2017 killing of 17-year-old Kian Loyd delos Santos during the deadly drug war of former Philippine President Rodrigo R. Duterte, who is currently detained at the International Criminal Court.

In a 40-page decision by Associate Justice Jhosep Y. Lopez, the SC’s Second Division found officers Arnel G. Oares, Jeremias T. Pereda, and Jerwin R. Cruz “guilty beyond reasonable doubt of murder.” They were sentenced to reclusion perpetua (20 to 40 years in prison) and ordered to pay P275,000 in damages to Mr. Delos Santos family.

The incident occurred on Aug. 16, 2017, in Baesa, Caloocan City, where witnesses said the officers stopped and frisked Kian, physically assaulted him, and forced him into a vulnerable position before dragging him to a secluded area near a river. Mr. Oares and Mr. Pereda then shot the teen multiple times while Mr. Cruz stood guard.

The officers maintained that they were responding to reports of drug activity and claimed that shots were fired at them. Courts, however, rejected these claims, citing forensic evidence and witness accounts confirming that Mr. Delos Santos was unarmed and had no chance to defend himself.

The high court said that “the killing of a minor could not be considered standard in this operation” and that the “performance of duties does not include murder.”

The SC added that the killing involved treachery, Mr. Delos Santos was likely sitting or kneeling when shot, with bullets entering from the side and back of his head.

While affirming the conviction, the SC removed the phrase “without eligibility for parole” from earlier rulings, noting that the circumstances did not justify the death penalty, which is prohibited under Republic Act No. 9346. — Erika Mae P. Sinaking