SC affirms murder conviction vs. cops in Kian delos Santos case

The Supreme Court has affirmed the murder conviction of three cops for the killing of 17-year-old Kian delos Santos during the drug war in 2017.

In a 40-page decision, the SC Second Division found Arnel Oares, Jeremias Pereda, and Jerwin Cruz guilty beyond reasonable doubt of murder and sentenced them to reclusion perpetua or up to 40 years of imprisonment.

“This Court finds that all of the elements of murder are present, and that all three accused are liable as principals of the crime. The elements that a person was killed, and that the killing wa5 not panicide or infanticide, are not contested by any of the parties,” it said.

Aside from this, it said that Oares admitted to shooting Delos Santos.

The court said that the prosecution’s evidence showed that the police officers were not acting in the performance of a duty.

“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,” it said.

Meanwhile, the SC affirmed the findings of the regional trial court and the Court of Appeals (CA) that the killing was attended with the qualifying circumstance of treachery.

It cited the testimony of a doctor, who said that Delos Santos was sitting or kneeling when the shot was fired. It said that his first gunshot wound entered from the left side and at the back of the ear while the second wound entered from the back of the forehead.

“Therefore, when Kian was shot, he was not in a position to defend himself,” it said.

Aside from this, the court also affirmed that there was a conspiracy among the accused and they are equally liable for the crime.

The SC said the three 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% rate per annum imposed on all damages from the date of the finality of the decision until fully paid.

The decision, penned by Associate Justice Jhosep Lopez, was promulgated in August and made public on December 22.—AOL, GMA Integrated News