The Supreme Court has affirmed the murder conviction of three police officers involved in the 2017 killing of 17-year-old Kian delos Santos during an anti-drug operation in Caloocan City. In its decision, the High Court ruled that murder is not part of a police officer's duty.
Background of the Case
The case is one of the many bloody incidents under the drug war campaign of former President Rodrigo Duterte, who is currently facing charges of crimes against humanity at the International Criminal Court in The Hague, Netherlands.
In the consolidated cases of People v. Pereda and People v. Oares (G.R. Nos. 265810/274142, August 11, 2025), the Supreme Court's Second Division, in a decision penned by Associate Justice Jhosep Y. Lopez, upheld the conviction of Police Officers Arnel Oares, Jeremias Pereda, and Jerwin Cruz for murder. They were sentenced to reclusion perpetua, or 40 years of imprisonment, and ordered to pay the family of Kian delos Santos damages amounting to P275,000.
Details of the Incident
On the night of August 16, 2017, witnesses saw the three police officers frisking Kian in Barangay Baesa, Caloocan City. After allegedly finding illegal drugs, the officers punched Kian while the minor cried and pleaded to be allowed to go home because he had an exam the next day.
The officers forced Kian to hold a towel resembling a gun and made him stand while his shirt was raised to cover his head. Witnesses heard one officer ask if they should bring Kian to the police station, while the other two said, “ibaba na lang natin ito” (let's just take him down).
The officers brought Kian to a dark area near a creek. Moments later, Oares and Pereda shot Kian multiple times while Cruz stood guard.
Legal Proceedings
The three officers were charged with murder. They claimed they were responding to reports of drug activity in the area and that they were fired upon, prompting Oares to chase and shoot the suspect. However, the Regional Trial Court and the Court of Appeals convicted them of murder and sentenced them to reclusion perpetua without eligibility for parole. The Supreme Court affirmed the conviction, finding all elements of murder present.
Under Article 248 of the Revised Penal Code, murder is the killing of another person, especially with treachery, provided it is not parricide (killing a family member) or infanticide (killing a child less than three days old). Treachery exists when the victim is defenseless.
Evidence and Court Ruling
Oares admitted to shooting Kian. Witnesses and forensic evidence confirmed the officers' responsibility for the killing. Kian sustained five gunshot wounds, two of which were in the head.
The Supreme Court ruled that the killing of Kian was attended by treachery. A medico-legal officer testified that Kian was likely sitting or kneeling when shot, based on the trajectory of the bullets entering from the side and back of his head, meaning he could not see his attackers and was defenseless. The isolated location also prevented any help from reaching him.
The Court dismissed the officers' argument that inconsistencies in witness testimonies impaired their credibility, stating that minor discrepancies do not affect the substance of the crime.
The Court also rejected Oares' claim that he was merely performing his duty, which inevitably involved shooting. The High Court emphasized that the officers exceeded their authority and that killing a minor could not be considered standard in such operations. “The performance of duties does not include murder,” the Court stated.
