Aguirre says Ombudsman has no jurisdiction to handle Kian slay case

Justice Secretary Vitaliano Aguirre II (File photo JOAN BONDOC / Philippine Daily Inquirer)

The Office of the Ombudsman has no jurisdiction to handle the complaint filed against police officers involved in the death of 17-year old Kian Delos Santos, Justice Secretary Vitaliano Aguirre II said on Tuesday.

Aguirre issued the statement after student leaders called for the Department of Justice (DOJ) to inhibit from handling the murder and torture complaint filed against the police officers implicated in Kian’s death.

READ: Student leaders formally seek Aguirre inhibition from Kian case

Aguirre said the student leaders are unfamiliar with the procedures at the agency.

“These so-called student leaders are misinformed or ignorant of our procedures at the DOJ. I will not even touch that case. I have not myself resolved even a single case in the DOJ since I assumed office. At the moment, the prosecutors at the National Prosecution Service will handle it. Even on appeal, I will not handle the case. The cases on appeal are assigned to my five undersecretaries. They will not be brought to me for any action before filing in court, or their dismissal,” Aguirre said.

In their letter, the students urged Aguirre to let the Office of the Ombudsman handle the complaint and the conduct of preliminary investigation.

“Walang jurisdiction ang Ombudsman kaya’t  hindi maaaring dinggin ang preliminary investigation ng Ombudsman ang kasong ito. Pwede lang hawakan ng Ombudsman ay mga kaso laban sa public officials with a salary grade of 27 and above na nasa jurisdiction ng Sandiganbayan. In this case, the policemen who are named respondents have lower salary grades so the jurisdiction on these cases is with the regional trial courts, not with Sandiganbayan,” Aguirre said.

(The Ombudsman has no jurisdiction in conducting the preliminary investigation for this complaint. It can only handle complaint against public officials with a salary grade of 27 and above that are under the jurisdiction of the Sandiganbayan. In this case, the policemen who are named respondents have lower salary grades so the jurisdiction on these cases is with the regional trial courts, not with Sandiganbayan.)

Last Friday, Kian’s parents—Saldy and Lorenza Delos Santos—accompanied by Aguirre, Public Attorneys’ Office (PAO) chief Persida Rueda-Acosta, filed criminal charges against the four police officers before the DOJ.

Violations of the Revised Penal Code for murder, and Republic Act 9745 or the Anti-Torture Law, were filed against Caloocan City Station 7 chief, Insp. Amor Cerillo, PO3 Arnel Oares, PO1 Jeremiah Pereda, PO1 Jerwin Cruz, and several “John Does.”

The four were already relieved from their posts and placed under restrictive custody. JPV