Supreme Court upholds murder conviction of cops in Kian delos Santos killing

• The Supreme Court junked the appeal of three police officers convicted over the 2017 killing of Kian delos Santos
• The justices ruled that treachery attended the crime, leaving the teenager unable to defend himself
• The court found that the officers were not lawfully performing their duties at the time of the shooting
• The convicted policemen were ordered to pay damages to Kian’s family, with interest

The Supreme Court has upheld the murder conviction of three police officers found responsible for the death of 17-year-old Kian delos Santos during an anti-drug operation in 2017.

In a 40-page ruling issued by the Second Division, the high court affirmed the decision sentencing Arnel Oares, Jeremias Pereda, and Jerwin Cruz to reclusion perpetua, which carries a penalty of up to 40 years in prison.

In its decision, the court ruled that the prosecution was able to establish the crime beyond reasonable doubt.

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“This Court finds that all of the elements of murder are present, and that all three accused are liable as principals of the crime. The elements that a person was killed, and that the killing wa5 not panicide or infanticide, are not contested by any of the parties,” it said.

The ruling also noted that Oares admitted to shooting Delos Santos, further strengthening the prosecution’s case.

The justices rejected the claim that the killing was done in the performance of police duty, stressing that the evidence did not support such a defense.

“Even assuming that they were performing their duties as police officers, it is not shown that the killing of Kian is a necessary consequence of the due performance of such duty,” it said.

The Supreme Court likewise affirmed earlier findings that treachery attended the killing.

It cited medical testimony showing that Delos Santos was either sitting or kneeling when he was shot, based on the trajectory of the gunshot wounds.

“Therefore, when Kian was shot, he was not in a position to defend himself,” it said.

The court also ruled that the three officers acted in conspiracy, making them equally liable for the crime.

As part of the judgment, they were ordered to pay Kian’s heirs ₱75,000 each in civil indemnity, moral damages, and exemplary damages, as well as ₱50,000 in temperate damages, all with a 6 percent annual interest until fully paid.

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The decision was written by Associate Justice Jhosep Lopez, promulgated in August, and released to the public on December 22.

In an earlier KAMI report, the Bureau of Customs was said to be reviewing the importation of around 40 luxury vehicles allegedly linked to the family of Sarah Discaya. The move came after a viral interview in which Discaya showcased their fleet of high-end cars, drawing the attention of authorities. Customs officials are now going over import records, including the names of the declared consignees, to determine if any rules were violated. Discaya has likewise been associated with contractors tied to flood control projects that are currently being investigated by the Senate. Separately, recent reports confirmed the passing of former Department of Public Works and Highways Undersecretary Catalina Cabral.

In another development, Korina Sanchez-Roxas became a topic of online discussion after sharing a photo on her Instagram page. The post showed her posing in front of a palace-like attraction during a trip to Disneyland. Adding a humorous touch, Korina referenced a past issue in her caption by opening it with the line "My P10 Million Palace," a remark many netizens viewed as a playful jab at allegations previously thrown her way by Pasig City Mayor Vico Sotto.

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Source: KAMI.com.gh