PAO lawyers file murder, torture raps vs Caloocan cops in Kian death

(Updated 3:21 p.m., Aug. 25) A criminal complaint has been filed on Friday against the police officers allegedly involved in the killing of 17-year-old Kian Loyd delos Santos.

READ: Killing of Kian serious matter, says Palace

Filed before the Department of Justice (DOJ) is a complaint for violations of the Revised Penal Code for murder and Republic Act 9745 or the Anti-Torture Law specifically for torture leading to death and involving children.

PO1 Jeremias Pereda, PO1 Jerwin Cruz and PO3 Arnel Oraes take their oath during the Senate inquiry into the killing of Grade 12 student Kian Loyd delos Santos during an anti-drugs operation last August 16, 2017 in Barangay 160, Caloocan City. The policemen claimed they were forced to shoot back at Delos Santos after he fired at them while trying escape.
INQUIRER PHOTO/LYN RILLON

Facing criminal complaint are Caloocan City Station 7 Police Chief Inspector Amor Cerillo, Police Officer 3 Arnel Oares and Police Officers 1 Jeremiah Pereda and Jerwin Cruz and several John Does.

Public Attorney’s Office (PAO) Chief Persida Rueda-Acosta said included in the complaint are the police officers positively identified by the witnesses as those who arrested and dragged Kian.

The three policemen and their superior, Chief Inspector Cerillo, were already relieved from their posts and placed under restrictive custody.

Kian’s parents, Saldy and Lorenza delos Santos are represented by PAO lawyers through its chief Rueda-Acosta.

Based on the complaint affidavit of Kian’s father, he asked his son to clean their sari-sari store around 7 in the evening of Aug. 16, 2017 because he has to go out to buy supplies for their store.

While on his way home an hour later, a fruit vendor told him that his son was taken by the police.

“Agad akong nagtungo sa Police Community Precinct 7-Sta. Queteria, Caloocan City. Pagdating ko roon ay nagtanong ako sa pulisya kung mayroon silang nahuling menor de edad na nagngangalang Kian Loyd delos Santos. Sabi sa akin ng pulis ay wala daw silang nahuli na may ganong pangalan,” Kian’s father Saldy Francisco delos Santos said.

[I immediately went to Police Community Precinct 7-Sta. Queteria, Caloocan City. When I arrived at the police station, I asked if they arrested a Kian Loyd delos Santos, a minor. They told me that they have not arrested a person by that name.]

Kian delos Santos’ parents Lorenza and Saldy link arms as the murder charges were filed against the three Caloocan City policemen by lawyers of the Public Attorney’s Office during an appearance before the Department of Justice on Friday, Aug. 25. INQUIRER.net PHOTO / TETCH TORRES-TUPAS

Delos Santos said he went back to his house with his brother Randy. Upon arrival, he said many people are already waiting outside their house and told them that his son was by the creek and already dead.

Attached to the complaint are testimonies of witnesses, final report on the autopsy, photos of the autopsy, among others.

Acosta said they have five witnesses including those who have seen Kian being dragged, choked and punched. The five witnesses are different from the three witnesses under the custody of Senator Risa Hontiveros.

Acosta said they could dispense with the 13 and 16 year old witnesses under Hontiveros’ custody because they already have witnesses with the same testimony.

But they are still working out to get the third witness, the 31-year-old man who saw the police gave Kian a gun and told him to run. JPV