The Supreme Court has sustained the life imprisonment of three police officers convicted over the fatal shooting of 17-year-old Kian delos Santos, rejecting their attempt to overturn earlier guilty verdicts tied to a 2017 anti-drug operation in Caloocan City.
In a 40-page ruling released by its Second Division, the tribunal dismissed the appeals filed by Arnel Oares, Jeremias Pereda, and Jerwin Cruz, leaving intact their murder convictions and the penalty of reclusion perpetua, which carries a maximum term of 40 years.
The decision, written by Associate Justice Jhosep Lopez, affirmed findings by both the Regional Trial Court and the Court of Appeals that the killing was carried out with treachery. The high court said the evidence showed the victim was rendered defenseless before shots were fired.
Prosecutors presented eyewitness accounts describing how the officers intercepted delos Santos in Barangay Baesa on the night of August 16, 2017. After a stop-and-frisk, witnesses testified that the teenager was struck and restrained. He was heard pleading to be released so he could go home, saying he had a school exam the following day.
According to the records, the officers compelled him to hold a towel concealing what appeared to be a firearm and positioned him with his shirt pulled over his head. Moments later, one of the officers was heard asking whether the teenager should be taken to the police station, followed by the reply, “ibaba na lang natin ito (let us put him down).”
The court found that delos Santos was then dragged to a dimly lit area near a river, where Oares and Pereda shot him several times while Cruz kept watch.
The officers had claimed they were acting on reports of drug activity and alleged that they were fired upon, prompting a chase and return fire. Those assertions were rejected by the trial court and the appellate court, conclusions the Supreme Court said were supported by the evidence.
Central to the ruling was the testimony of the medico-legal officer, who stated that delos Santos was likely seated or kneeling when he was shot. “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.
Alongside the prison sentences, the Supreme Court ordered the three officers to pay a total of P275,000 in damages to the heirs of delos Santos.
