SC sustains life sentence for police in Kian delos Santos killing

The Supreme Court of the Philippines has affirmed the murder conviction of three police officers for the killing of Kian delos Santos, a 17-year-old student fatally shot during an anti-drug operation in Caloocan City in 2017.

In a Decision written by Associate Justice Jhosep Y. Lopez, the Court’s Second Division found police officers Arnel Oares, Jeremias Pereda, and Jerwin Cruz guilty of murder. The High Court sentenced the three to reclusion perpetua, or up to 40 years in prison, and ordered them to pay ₱275,000 in damages to Kian’s family.

Killing During Anti-Drug Operation

The Court recounted that on the night of August 16, 2017, witnesses saw the officers stop and frisk Kian in Barangay Baesa. After allegedly finding suspected drugs, the officers were seen assaulting the teenager as he cried and pleaded to be allowed to go home, telling them he had an exam the next day.

Witnesses further testified that the officers forced Kian to hold a towel concealing what appeared to be a firearm and made him stand with his shirt raised over his head. One officer was heard asking whether Kian should be taken to the police station, but another replied, “ibaba na lang natin ito.”

Kian was then dragged to a dark and secluded area near a river, where he was shot multiple times. Evidence showed that Oares and Pereda fired the shots, while Cruz acted as lookout.

Treachery Proven

The Supreme Court upheld the findings of the Regional Trial Court and the Court of Appeals that the killing was attended by treachery, a qualifying circumstance for murder under Article 248 of the Revised Penal Code.

Medico-legal testimony showed that Kian sustained five gunshot wounds, including two to the head. The bullet trajectories indicated that Kian was likely sitting or kneeling when shot and unable to defend himself.

The Court ruled that the officers deliberately took the victim to a secluded location and placed him in a helpless position, ensuring the execution of the crime without risk to themselves.

Police Defense Rejected

The officers claimed they were responding to reports of drug activity and fired their weapons after being shot at. The High Court rejected this version, ruling that minor inconsistencies in witness testimonies did not affect credibilityand that the evidence clearly established the officers’ participation in the killing.

The Court also dismissed the defense that Oares was merely performing his duties, stressing that such justification applies only when harm is an unavoidable result of lawful police action.

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

Penalty Clarified

While affirming the conviction, the Supreme Court modified the penalty imposed by the lower courts by removing the phrase ‘without eligibility for parole.’ The Court explained that such qualification applies only when circumstances justifying the death penalty are present, which were not in this case. The death penalty itself is barred under Republic Act No. 9346.