MANILA, Philippines - Charges of murder and torture were filed yesterday against the policemen involved in the killing of 17-year-old Kian Loyd delos Santos in Caloocan City last week.
Kian’s parents, Saldy and Lorenza delos Santos, accompanied by lawyers from the Public Attorney’s Office (PAO), filed the charges before the Department of Justice (DOJ) against four Caloocan City policemen and several others.
Charges of murder and violation of the Anti-Torture Law were filed against Police Officer 3 Arnel Oares, PO1 Jerwin Cruz and PO1 Jeremias Pereda.
Their supervisor, Chief Insp. Amor Cerillo, was included in the murder complaint on the ground of command responsibility, PAO chief Persida Acosta said.
“We filed two criminal cases… first case is murder because of the presence of treachery and abuse of superior strength and other aggravating circumstances and qualifying circumstances. Second, for violation of Republic Act No. 9745, the Anti-Torture Law of 2009, involving the torture of minor resulting in death,” Acosta said.
She said they would file administrative charges against the four policemen before the National Police Commission next week.
The parents said they were pleased that criminal cases were filed against the policemen responsible for their son’s death.
“I am very grateful that the case would be moving forward. We have already filed the case and we are confident that we would have justice,” Lorenza said.
Saldy also said they are still hurting over the loss of their son.
“We are decent people and living decently… My son was full of dreams and my wife was working abroad. If my son did not have dreams then my wife would not be working hard, leaving us, to provide for us,” he added.
At the same time, Kian’s parents, his uncle Randy delos Santos and a female witness identified as “Choleng” have applied for custody under the DOJ’s witness protection program.
Acosta said Choleng is an eyewitness, having seen how Kian was strangled and dragged by the police whom she positively identified.
The three policemen denied killing Delos Santos in cold blood, maintaining the victim tried to shoot it out to escape.
Security camera footage showed two policemen dragging a man matching the description of Delos Santos to an alley where he was found dead with a gun in his left hand.
The three policemen said little during the Senate inquiry into the killing last Thursday. One refused to speak, while the other two said the individual in the CCTV camera was their “asset,” not Delos Santos.
Airtight
The Internal Affairs Service (IAS) of the Philippine National Police (PNP) said they have an airtight case against the policemen.
Even after the three policemen involved in the killing changed their story, IAS inspector general Alfegar Triambulo said it would not matter.
Triambulo earlier revealed two of the policemen he did not name had admitted they were holding Delos Santos as shown in the security video.
Triambulo said he expected the policemen to change their statements. He said the IAS investigator was not able to get a sworn statement from them since there was no lawyer present when they made the admission.
“Even if they made an admission with assistance of counsel, they can make a retraction anytime,” he said.
Triambulo said they have strong evidence to merit administrative charges against the policemen. Among these is the admission of the lawmen that they have no legal basis for an operation against Delos Santos.
Assuming later there is evidence that Delos Santos committed a crime, Triambulo said the proper procedure is that the suspect should have been brought to the police station.
“He should have been brought to a mobile car parked at the barangay hall of Barangay 160 and brought to precinct 7 or Caloocan police station,” Triambulo said.
Instead, the policemen brought Delos Santos to a secluded place where he was later found dead.
Based on circumstantial evidence, it appears several violations of police procedures were committed, Triambulo pointed out.
PNP spokesman Chief Supt. Dionardo Carlos said the filing of criminal charges against the policemen involved would afford them the opportunity to air their side of the story.
“The said police personnel are still innocent unless proven otherwise by the court hearing their case. Let us also accord them their rights,” Carlos said. – Emmanuel Tupas