Metro Manila, Philippines – The Supreme Court on Monday, Dec. 22, upheld the murder conviction of the three Caloocan cops for the controversial killing of 17-year-old Kian delos Santos during the Duterte drug war in 2017.
In its decision, the high court ruled that “the elements of murder were present” when Delos Santos was shot when he allegedly fought back against the cops in an anti-drug operation in the city.
Police officers Arnel Oares, Jeremias Pereda, and Jerwin Cruz were sentenced to reclusion perpetua or up to 40 years of imprisonment and are ordered to pay the victim’s family ₱275,000 in damages.
The SC cited Article 248 of the Revised Penal Code to define murder as an act of killing that involved “treachery” or an instance where the victim “has no chance to defend themselves” while the suspect deliberately attacks.
The court said Oares admitted to shooting Delos Santos and an examination of the minor’s body showed five gunshot wounds, two of which were to the head.
“A medico-legal officer testified that Kian was likely sitting or kneeling when he was shot, based on the gunshot wounds. The bullets entered from the side and back of his head, showing that he likely did not see his attackers and was unable to defend himself,” the court said.
The SC also found that the officers 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.”
The court also rejected Oares’ argument that he was “merely performing his duties” when he shot Delos Santos.
“This defense applies only when the harm is an unavoidable result of a lawful police action. In this case, the SC ruled that the officers were not acting within the bounds of their duty – and even if they were, killing Kian was neither necessary nor justified,” the court said.
The high court stressed 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 death of Delos Santos made headlines in 2017 as critics called out the Duterte administration for thousands of extra-judicial deaths amid the bloody drug war campaign.
The three Caloocan cops were first convicted of muder in 2018 but were acquitted of planting evidence on Delos Santos as the prosecution failed to prove the accusations.
