IBP files raps vs. cops in Kian’s slay before Ombudsman

The Integrated Bar of the Philippines (IBP) on Monday filed criminal and administrative charges against the Caloocan City cops allegedly involved in the killing of 17-year-old Kian Delos Santos.

IBP president Abdiel Dan Fajardo filed the complaint before the Office of the Ombudsman against PO3 Arnel Oares, PO1 Jeremias Pereda, and PO1 Jerwin Cruz—the policemen directly involved in the killing.

Also facing complaints filed by the IBP are relieved Northern Police District head Chief Superintendent Roberto Fajardo, former Caloocan City Police chief Senior Superintendent Chito Bersaluna, and former Police Community Precinct 7 head Chief Inspector Amor Cerillo.

All respondents are facing administrative charges of grave misconduct and gross neglect of duty.

Cerillo, Oares, Pereda, Cruz and an individual named Nono Lubiran are facing complaints of murder, violation of domicile, planting of evidence, violation of the rights of a person arrested, and violation of the Juvenile Justice and Welfare Act.

According to the IBP documents, Lubiran was the police asset who pointed Delos Santos out to the Pereda and Cruz on the night of August 16. He is currently detained at Caloocan City Jail.

Eyewitness testimonies

Delos Santos, a Grade 12 student, was shot to death by Caloocan policemen who claimed he was a drug runner. The police said he resisted arrest by firing at them during an anti-drug operation in Barangay 160.

Witnesses, however, said they heard Delos Santos begging for his life before being shot. CCTV footage also shows him being dragged by the policemen.

The policemen in the video, however, claimed it was not Delos Santos they were dragging, but a police asset who sought protection.

Cerillo, Oares, Pereda, and Cruz are also facing separate criminal cases with the Department of Justice. Cerillo was included in the complaint on the ground of command responsibility.

Fajardo said the IBP used the affidavits of three eyewitnesses, currently under the custody of the Senate, in crafting the complaint against the respodents.

"We have three eyewitnesses. They have detailed how the Caloocan police, namely respondents Oares, Pereda, and Cruz, went to the house of Kian, got him out of the house and brought him pababa dun sa final point of the incident," Fajardo told reporters after filing the complaint.

Fajardo added he saw consistencies in the testimonies of the witnesses, two of whom are minors. The third is a 31-year-old individual who is said to be illiterate.

"They had the elements of truth to them because it's not easy testifying or relating a very horrifying experience for them, especially since two are minors, [and] one is almost no read, no write," he said.

Futhermore, Fajardo said he hopes the Ombudsman can use the witnesses' affidavits while it conducts its own investigation into the killing.

"The IBP hopes that with these affidavits of the witnesses, the Ombudsman can now be completely guided as to how it will proceed with the investigation whether it will assume jurisdiction and file the information for murder, etc. against the respondents," he said.

Fajardo said the IBP's National Center for Legal Aid stood as counsels for the witnesses during the course of their interview for the affidavits. —NB/BM, GMA News