IN a landmark decision, the Supreme Court has definitively affirmed the murder conviction of three police officers involved in the death of 17-year-old Kian delos Santos, who was killed during a drug war operation in 2017.
The ruling underscores the accountability of law enforcement in the controversial anti-drug campaign.
The SC Second Division, in a 40-page decision made public on December 22, found Arnel Oares, Jeremias Pereda, and Jerwin Cruz guilty beyond reasonable doubt of murder. The court sentenced them to reclusion perpetua, a prison term of up to 40 years.
The court stated that all elements of murder were present in the case, and that the accused were liable as principals in the crime. The decision highlighted that the fact of Delos Santos’s death was not contested.
The SC also noted that Oares had admitted to shooting Delos Santos.
The court further affirmed the findings of lower courts that the police officers were not acting in the performance of their duty when they killed Delos Santos. “Even assuming that they were performing their duties as police officers, it is not shown that the killing of Kian is a necessary consequence of the due performance of such duty,” the decision read.
The High Court upheld the earlier rulings that the killing was attended by treachery, citing medical testimony indicating that Delos Santos was either sitting or kneeling when he was shot. The autopsy revealed that the fatal shots entered from the back of his head, leaving him defenseless.
The SC also affirmed the existence of a conspiracy among the accused, making them equally liable for the crime.
The three officers are solidarily liable to pay Delos Santos’ heirs P75,000 as civil indemnity, P75,000 as moral damages, P75,000 as exemplary damages, and P50,000 as temperate damages, with a 6% annual interest rate applied from the finality of the decision until full payment.
Associate Justice Jhosep Lopez penned the decision, which was initially promulgated in August.
