The 12 members of the Caloocan police implicated in the death of 17-year old Kian Loyd Delos Santos on Monday asked the Department of Justice (DOJ) to dismiss the complaint for murder and violation of the Anti-Torture Law filed against them.
In two separate joint counter-affidavits, Police Officers 1 (PO1) Reynaldo Dan M. Blanco Jr, Ceferino Paculan, Erwin Romeroso and Ferdinand Claro said they are erroneously being included in the complaint simply because they belong to the Police Community Precinct Station 7 whose members conducted the one time big time “Oplan Galugad” where Delos Santos was killed.
They said complainants admitted that they have been included in the complaint because of “implied conspiracy” but they pointed out that they were never at the scene of the crime where Delos Santos was killed.
READ: Kian’s parents name 12 Caloocan cops charged in teen’s slay
They also denied getting orders to kill from PCP Station 7 Chief Amor Cerillo.
“Police Chief Inspector (PCI) Amor C. Cerillo did not give any instruction to kill or shoot any suspect in the conduct of ‘Oplan Galugad’,” the police officers said.
They said the actions of the three police officers — Police Officer 3 (PO3) Arnel G. Oares, PO1 Jeremias Pereda and Jerwin Cruz — cannot be questioned because Delos Santos fired the first shot at them.
“The act made …is a duty call and nobody…could do anything to prevent the tragic incident,” the police officers said in their counter-affidavit.
In the other joint counter-affidavit, the police officers gave various reasons why they should not be included in the complaint for murder and violation of the anti-torture law:
- PO1 Christian Joy G. Aguilar and PO1 Rossillini O. Lorenzo provided a certificate to prove that they stayed at the PCP7 when their colleagues conducted the Oplan Galugad.
- PO2 Fernan C. Cano and PO1 Silverio Garcia Jr. were on sick leave when the ‘Oplan Galugad’ was conducted. They submitted a medical certificate and certification.
- PO2 Arnel P. Canerzares was stationed in another place when Kian was killed. In his affidavit and certification, on Aug. 16, he was at a Barangay outpost at Barangay 161 along Reparo Street.
- PO2 Diony B. Corpuz went home early on Aug. 16 because of dizziness. He submitted a medical certificate.
- PO1 Myrldon L. Yagi and Ronald Herrera said they were at the Barangay Hall of Barangay 156, East Avenue, Bagong Bario in Caloocan City when Delos Santos was killed. They attached the sworn affidavit of witnesses and a certification.
“There is no evidence that would prove that [they] were present during the conduct of ‘Oplan Galugad’ on Aug.16. The fact that they did not participate and they were not in the crime scene establishes without a doubt their non-commission of the crimes,” read the joint counter-affidavit.
It will be recalled that the Delos Santos family with the assistance of the Public Attorneys’ Office filed complaints for murder, torture, planting of evidence and violation of domicile under Article 128 of the Revised Penal Code against PO3 Arnel Oares and PO1s Jeremias Pereda and Jerwin Cruz and their superior, Chief Insp. Amor Cerillo before the DOJ.
The Delos Santos family cited the findings of the PNP-Internal Affairs Service of the existence of conspiracy among respondents Oares, Pereda and Cruz in the complaint, adding that the investigation showed that “excessive force” has been employed that resulted to Kian’s death.
They said the gunshot wounds sustained by the slain teenager also belie the claim of the respondents that there was a shootout and that Kian fired at them first, prompting them to retaliate.
Likewise, they said Cerillo as the supervisor of PCP 7 of the Caloocan police was liable for the negligent acts of his subordinates resulting to the death of Kian. /je