Conspiracy in the killing of Kian - DOJ
MANILA - More policemen from Caloocan City face criminal raps, after they were ordered indicted by the Department of Justice (DOJ) for the killing of another teenager, Kian Loyd Delos Santos, 17, in August last year.
Recommended indicted before the Caloocan City Regional Trial Court (RTC) for murder and planting of evidence (firearm) are PO3 Arnel G. Oares, PO1 Jeremias T. Pereda, and PO1 Jerwin R. Cruz, along with their asset, Renato Perez Loveras alias ‘Nono’ or ‘Nonong.’
Pereda and Cruz were also ordered indicted for violation of domicile, while the torture complaint against Oares, Pereda, Cruz, and Loveras was dismissed.
The case against 13 other Caloocan policemen, including Police Community Precinct-7 chief Chief Inspector Amor Cerillo, was dismissed.
The resolution over Delos’ Santos slay comes days after the indictment of PO1 Jeffrey Perez and PO1 Ricky Arquilita of Caloocan City Police Community Precinct-2 for the double slay of 19-year old Carl Angelo Arnaiz and his companion, 14-year old Reynaldo “Kulot” de Guzman, on August 18, 2017.
Delos Santos was gunned down by the group of Oares, Pereda, and Cruz in what they called a legitimate anti-drug operation. The policemen insist Delos Santos was a drug runner, and fired at them as he resisted arrest.
“From the accounts of numerous witnesses and other physical evidence presented, it is convincingly proven that there exists conspiracy in the killing of Kian."
"This circumstance, however, is limited to, or can only be appreciated against or among respondents PO3 Oares, PO1 Pereda, and PO1 Cruz,” the 43-page resolution, issued by Senior Assistant Tofel Austria, Assistant State Prosecutor Amenda Leaño-Garcia, and Associate Prosecution Attorney II Moises Acayan, stated.
The resolution was approved by Senior Deputy State Prosecutor Richard Anthony Fadullon and Acting Prosecutor General Jorge Catalan.
As for Loveras, the DOJ said he is “equally culpable for all the crimes that respondents PO3 Oares, PO1 Pereda, and PO1 Cruz have committed or may be held liable for” since Loveras was the one who identified Delos Santos as a drug courier.
“It bears to underscore that respondent Loveras set the chain of actions and criminal design of the three police officers… it was he who provided them the information and/or pointed at Kian as a drug courier, thereby making him a principal by indispensable cooperation….” the resolution explained.
In dismissing the complaint against Cerillo, the DOJ said he was not in the company of Oares, et al. at the time of the shooting and neither was he at the vicinity of the crime scene. In alleging command responsibility against Cerillo, complainants spouses Saldy and Lorenza delos Santos failed to show Cerillo had knowledge that his subordinates would commit or had committed a crime within his area of responsibility, the DOJ said.
As for respondents Police Officers 2 Arnel R. Cañezares, Fernan C. Cano, Diony B. Corpuz, and Police Officers 1 Silverio C. Garcia, Jr., J-Rossillini O. Lorenzo, Christian Joy G. Aguilar, Myrldon L. Yagi, Reynaldo Dan M. Blanco, Jr., Erwin C. Romeroso, Ferdinand R. Claro, Ceferino B. Paculan, and Ronald B. Herrera, the DOJ said they were also not at the crime scene at the time of the shooting.
Delos Santos, who dreamed of becoming a policeman, succumbed to three gunshot wounds: two in the head and one in his back.
His death was met with wide public outrage, with Congress investigating the circumstances behind the controversial August 16 anti-drug operation.