MANILA— The parents of Kian Delos Santos sought the indictment of the four policemen accused in the killing of their son during an anti-narcotics operation in Caloocan City on August 16.
Saldy and Lorenza Delos Santos, through the Public Attorney’s Office (PAO), said in a 10-page reply to counter-affidavits of the respondents filed before Department of Justice that there is more than sufficient evidence to prove the culpability of the respondents 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.
The four respondents, namely Chief Inspector Amor Cerillo, the relieved commander of Caloocan City Police Community Precinct (PCP) 7, PO3 Arnel Oares, PO1 Jerwin Cruz and PO1 Jeremias Pereda denied the charges filed against them by Kian’s parents.
According to PAO they cited the findings of the PNP-Internal Affairs Service regarding the existence of conspiracy among respondents Oares, Pereda and Cruz with allegedly employed “excessive force’” that resulted to Kian’s death.
“The claim of the herein complainants that their son Kian Delos Santos has been unjustifiably killed is bolstered by the findings of the PNP-IAS that there is evidence to show that respondents PO3 Arnel G. Oares, PO1 Jeremias Pereda and PO1 Jerwin Cruz in unlawfully and unjustifiably using their firearms to shoot Kian Delos Santos with several shots absent no apparent, direct and clear threats to their lives is a clear transgression of the established rules and principles of the PNP Operational Procedures in conducting police operation,” they said.
The gunshot wounds sustained by the slain teenager also belie the claim of the respondents that there was a shootout and that Kian fired at them first, prompting them to retaliate.
They said that even if Pereda and Cruz testified that it was Oares who shot their son, it also does not absolve them of their criminal liability as co-conspirators.
They also dismissed Cerillo’s claim that he was erroneously charged in the complaint, adding that the PNP-IAS said in the pre-charge investigation report that Cerillo, as the supervisor of PCP 7, was liable for the negligence of his subordinates which resulted in the death of Kian.
Last Sept. 25, the four respondents filed their respective counter-affidavit, as they insisted that the 17-year-old victim was a drug courier.
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.
The panel of prosecutors composed of Senior Assistant State Prosecutor Tofel G. Austria, Assistant State Prosecutor Amanda L. Garcia and Associate Prosecution Attorney Moises Acaya set the submission of the filing of the rejoinder on Oct. 10, after which no more extension will be entertained and the case will be submitted for resolution.