In its decision on the murder of drug war victim Kian delos Santos, the Caloocan City Regional Trial Court Branch 125 noted on Thursday that law enforcers are not supposed to use unwarranted violence in the discharge of their peacekeeping duty.
“A shoot first, think later attitude, can never be countenanced in a civilized society,” Judge Rodolfo Azucena Jr. said in the 35-page decision, where PO3 Arnel Oares, PO1 Jeremias Pereda and PO1 Jerwin Cruz for found guilty of murdering Delos Santos.
Azucena added that while the judiciary sympathizes with police officers who place their lives in danger to fulfill their jobs, using unwarranted violence is never justified.
“The court commiserates with our policemen who regularly thrust their lives in zones of danger in order to maintain peace and order and acknowledges the apprehension faced by their families whenever they go on duty,” Azucena said.
“But the use of unnecessary force or wanton violence is not justified when the fulfillment of their duty as law enforcers are effected otherwise,” he added.
The murder of Delos Santos in August 2017 created an uproar among critics of the war on illegal drugs being waged by the administration of President Rodrigo Duterte.
According to previous reports, elements of the Caloocan City Police were conducting anti-drug operations in Barangay 160, when Delos Santos — who was not their initial target — allegedly resisted arrest and opened fire on authorities.
However, footages from closed circuit television (CCTV) cameras in the area showed Delos Santos being dragged, despite his please to be released. Basing on testimonies, the court ruled that Delos Santos was shot treacherously.
The court ruled that Delos Santos was defenseless, contrary to claims by Oares who said that he chased Delos Santos and fired from a distance of around five to six meters.
Based on the medico legal report, Delos Santos was shot from around two feet or 60 centimeters away, near the ear, while in a sitting or kneeling position, in a dark place near a pigpen during the wee hours of the night.
Parrafin tests made on the hands of Delos Santos also yielded negative results for the presence of gunpowder nitrates. This, according to the report, indicated that Delos Santos never fired a firearm.
The court sentenced Oares, Pereda and Cruz to reclusion perpetua without eligibility of parole, and were ordered to pay damages to Delos Santos’ family. An alias warrant was also issued against police asset Renato Perez Loveras alias “Nono”, who remains at large. /muf
READ: 3 policemen guilty of killing Kian delos Santos — court