22/12/2025
The has affirmed the murder conviction of three police officers for the killing of 17-year-old Kian delos Santos during an anti-drug operation in Caloocan City in 2017.
In a Decision written by Associate Justice Jhosep Y. Lopez, the SC's Second Division found police officers Arnel Oares (Oares), Jeremias Pereda (Pereda), and Jerwin Cruz (Cruz) guilty of murder. They were sentenced to ๐ณ๐ฆ๐ค๐ญ๐ถ๐ด๐ช๐ฐ๐ฏ ๐ฑ๐ฆ๐ณ๐ฑ๐ฆ๐ต๐ถ๐ข, or up to 40 years in prison, and ordered to pay Kian's family PHP 275,000 in damages.
The SC, however, changed the penalty imposed by the Regional Trial Court and the Court of Appeals by removing the phrase "without eligibility for parole." This applies only when there are circumstances that justify the death penalty, which were not present in this case.
On the evening of August 16, 2017, witnesses saw the officers stop and frisk Kian in Baesa, Caloocan City. After allegedly finding suspected drugs, the officers punched him as he cried and begged to be allowed to go home because 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 to cover his head. Witnesses heard one officer ask whether they should take Kian to the police station, to which the others replied, "๐ช๐ฃ๐ข๐ฃ๐ข ๐ฏ๐ข ๐ญ๐ข๐ฏ๐จ ๐ฏ๐ข๐ต๐ช๐ฏ ๐ช๐ต๐ฐ."
The officers dragged Kian toward a dark area near a river. Moments later, Kian was shot multiple times by Oares and Pereda, while Cruz stood guard.
The trial court and the Court of Appeals convicted the officers of murder and imposed the penalty of ๐ณ๐ฆ๐ค๐ญ๐ถ๐ด๐ช๐ฐ๐ฏ ๐ฑ๐ฆ๐ณ๐ฑ๐ฆ๐ต๐ถ๐ข without eligibility for parole.
The SC affirmed the conviction, ruling that all the elements of murder as defined under Article 248 of the ๐๐ฆ๐ท๐ช๐ด๐ฆ๐ฅ ๐๐ฆ๐ฏ๐ข๐ญ ๐๐ฐ๐ฅ๐ฆ were present.
In this case, Oares admitted to shooting Kian. Witnesses and forensic evidence confirmed that the officers were responsible for the killing. An examination of Kian's body showed five gunshot wounds, two of which were to the head.
The SC held that the killing involved treachery. A medico-legal officer testified that Kian was likely sitting or kneeling when he was shot, based on the gunshot wounds. The bullets entered from the side and back of his head, showing that he likely did not see his attackers and was unable to defend himself.
The SC also found that the officers deliberately took Kian to a secluded location and placed him in a helpless position, enabling them to kill him with impunity and ensuring the ex*****on of the crime.
Dismissing Oaresโ claim that he was merely performing his duties, the SC stressed that "the killing of a minor could not be considered standard in this operationโ and that the โperformance of duties does not include murder.โ
Read the full text of the press release at https://sc.judiciary.gov.ph/?p=158265.
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=158245.
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