MANILA - The parents of slain teenager Kian Delos Santos insisted on Wednesday that 12 more Caloocan City policemen must be held accountable for his death despite respondents’ defense they were not at the scene of the crime when the 17-year-old was gunned down by their colleagues.
In an 11-page reply-affidavit submitted to the Department of Justice (DOJ) during the continuation of the preliminary investigation into the murder and torture case, Saldy and Lorenza delos Santos, through the Public Attorney’s Office (PAO), cited the findings of the Philippine National Police Internal Affairs Services (PNP IAS) that the 12 additional respondents and four originally charged respondents are liable for their son’s killing in August.
The conclusion was contained in the IAS Motu-Propio Investigation Report, dated August 25, 2017, and Pre-Charge Investigation Report, dated September 4, 2017, on respondents Chief Inspector Amor Cerillo (Police Community Precinct-7 chief), PO3 Arnel Oares, PO1 Jerwin Cruz, PO1 Jeremias Pereda, PO2 Arnel R. Cañezares, PO2 Fernan C. Cano, PO2 Diony B. Corpuz, PO1 Silverio C. Garcia, Jr., PO1 J-Rossillini O. Lorenzo, PO1 Christian Joy G. Aguilar, PO1 Myrldon L. Yagi, PO1 Reynaldo Dan M. Blanco, Jr., PO1 Erwin C. Romeroso, PO1 Ferdinand R. Claro, PO1 Ceferino B. Paculan, and PO1 Ronald B. Herrera.
Delos Santos, suspected of being a drug courier, was arrested without a warrant, and gunned down by the group of Oares, Cruz, and Pereda.
The PNP IAS concluded the arrest was illegal, and Delos Santos’ family maintains he was not involved in the illegal drug trade.
“[T]he afore-cited situation contemplated an arrest of Kian who was not committing any unlawful acts thereof. So the arrest is illegal for want of a warrant of arrest. Assuming the arrest was legal, Kian should have been brought to the PNP marked vehicle for transportation to the precinct. However, the arrest could not be considered as legal considering the fact that Kian was not brought to the PNP marked vehicle.
"By examining the perimeter sketch, Kian was taken to the opposite direction (going to the Tullahan River) while the PNP marked vehicle was parked, that is at the West Service Road, about forty meters from the Barangay Multi-Purpose Hall or near the Fatima Chapel. This suspicious scenario created a doubt as to the purpose and the regularity of arrest,” spouses Delos Santos’ reply-affidavit read.
Based on these, complainants argued that respondents “cannot deny the fact that the PNP IAS has ultimately ruled out their claim that their operation is a legitimate police operation.”
"Notably, in the Pre-Charge Investigation Report... PNP-IAS said that the implementation of the OTBT (‘One Time Big Time’ operation) by the personnel of PCP-7, Caloocan Police Station based on the submitted team composition dated August 15, 2017, is tainted with serious irregularities and marked with malice and evident premeditation to kill Kian Loyd Delos Santos,” the reply-affidavit read.
PAO chief Persida Acosta also debunked the 12 additional respondents’ alibi that they were not at the crime scene at the time Delos Santos was shot, as she stressed that alibi may be best threshed out during trial, not during the determination of probable cause.
Acosta also refuted respondents’ claims Delos Santos was shot because he allegedly fired at the policemen first.
“Based on forensics and eyewitness accounts, walang self-defense dito kasi ang tama ni Kian nasa loob ng tenga. Ang hirap… dapat ilagay mo talaga baril mo sa loob ng tenga,” Acosta told reporters.
The complainants’ camp insisted “[a]ll the respondents were part of the operation [OTBT] or ‘Oplan: Galugad’ and they committed such overt acts either through active participation or failure to prevent the death of Kian delos Santos, by passive actuations.”
The next setting for the case is on Friday, Oct. 27, for the submission of respondents’ rejoinder affidavits.