MANILA — The four policemen accused in the killing of student Kian delos Santos during an anti-narcotics operation in Caloocan City on August 16 submitted Monday their counter affidavit on the continuation of the case’s preliminary investigation at the Department of Justice.
Chief Inspector Amor Cerillo, the relieved commander of Caloocan City Police Community Precinct 7, filed a separate counter-affidavit, while, PO3 Arnel Oares, PO1 Jerwin Cruz and PO1 Jeremias Pereda subscribed to their counter-affidavits before the panel composed of Senior Assistant State Prosecutor Tofel G. Austria, Assistant State Prosecutor Amanda L. Garcia and Associate Prosecution Attorney Moises Acaya.
The four respondents denied the charges filed against them by Kian’s parents Saldy and Lorenza by Public Attorney’s Office (PAO) for murder under Article 248 of the Revised Penal Code (RPC); violation of domicile under Article 128 of the RPC; torturing a minor resulting to death in violation of Republic Act 9745, also known as the Anti-Torture Law; and planting of evidence under Section 29 of Republic Act 9165, the Comprehensive Dangerous Drugs Act of 2002.
In their respective affidavits, the respondents insisted that the 17-year-old victim is a drug courier and would not have died on August 16 had he “not engage our police officers in a shootout.”
They cited that during the drug operations conducted on August 16 there were 10 persons who got arrested including four minors including delos Santos.
“His death is an isolated case because out of the four minors who got involved in “Oplan Galugad” on August 16, 2017, it (was) only Kian Delos Santos who ran away and worse, engaged our police officers in a shootout,” read their joint counter-affidavit.
The policemen also cited the failure of the complainants to establish conspiracy among them in the killing of Kian to make them liable for murder.
“There is no evidence of conspiracy. Nobody among the number of witnesses presented by the complainants testified that a conspiracy among the respondents transpired,” they claimed.
“All of the witnesses of the complainants have executed their sworn statements and not a single one of them ever mentioned that the respondents conspired when they speak of the killing of Kian Loyd Delos Santos,” they added.
The panel of prosecutors set the submission of reply on Oct. 2 while, Oct. 10 will be the filing of the rejoinder. After Oct. 10, prosecutors said, no more extension will be entertained and the case will be submitted for resolution.