Photo credit: Senate PH

The Supreme Court (SC) has affirmed the murder conviction of three police officers over the killing of 17-year-old Kian delos Santos during an anti-drug operation in Caloocan City in 2017.

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

What happened

On the evening of August 16, 2017, witnesses saw the officers stop and frisk Kian in Barangay Baesa, Caloocan City. After allegedly finding suspected illegal drugs, the officers punched the teenager as he cried and begged to be allowed to go home, saying he had an exam the next day.

The officers then forced Kian to hold a towel covering what appeared to be a gun and made him stand with his shirt raised over his head. Witnesses heard one officer ask whether they should take Kian to the police station, to which the others replied, “ibaba na lang natin ito.”

Kian was dragged to a dark, secluded area near a river. Moments later, Oares and Pereda shot him multiple times, while Cruz stood guard.

Courts reject police version

Cases were filed against the officers, who claimed they were responding to reports of drug activity in the area and that shots were fired at them, prompting Oares to chase the alleged shooter and return fire.

Both the Regional Trial Court (RTC) and the Court of Appeals (CA) rejected this version and convicted the officers of murder, sentencing them to reclusion perpetua without eligibility for parole.

The Supreme Court upheld the conviction, ruling that all the elements of murder were present, particularly treachery.

Under Article 248 of the Revised Penal Code, murder is committed when a killing is attended by circumstances such as treachery. Treachery exists when the victim is deprived of any chance to defend himself and the attacker deliberately adopts means to ensure the execution of the crime.

Evidence shows treachery

Oares admitted to shooting Kian, while witness testimony and forensic evidence clearly pointed to police responsibility. A medico-legal examination showed that Kian sustained five gunshot wounds, including two to the head.

A medico-legal officer testified that Kian was likely sitting or kneeling when he was shot. The bullets entered from the side and back of his head, indicating that he did not see his attackers and had no opportunity to defend himself. The Court found that the officers deliberately brought Kian to a secluded area and placed him in a helpless position to ensure the killing.

“Performance of duties does not include murder”

The SC dismissed the officers’ claim that inconsistencies in witness testimonies weakened the case, ruling that these were minor details that did not affect the core facts.

It also rejected Oares’ argument that he was merely performing his duties as a police officer. The Court stressed that this defense applies only when harm is an unavoidable result of a lawful operation—something clearly absent in this case.

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

Modification of penalty wording

While affirming the conviction, the SC modified the penalty by removing the phrase “without eligibility for parole.” The Court explained that this restriction applies only when circumstances justify the death penalty, which were not present in this case.