12 cops appeal dismissal of charges in Kian slay case

Kian Loyd delos Santos’ photo from his Facebook account.

The 12 policemen tagged in the murder of teen Kian Loyd delos Santos urged the Department of Justice (DOJ) on Friday to dismiss the complaint filed against them, urging the department to be “impartial and fair” in deciding on the case.

READ: Kian autopsy points to ‘intentional killing’

In the 10-page joint rejoinder affidavit, the policemen who were later named in the killing of Delos Santos urged the DOJ panel of prosecutors led by Senior Assistant State Prosecutor Tofel Austria not to be swayed by public opinion given the popularity of the case.

“Respondents hope that it is not true that there could already be a ‘marching order’ because of the public pressure brought about by the trial by publicity and the political angle involved in this case,” the affidavit wrote.

The policemen who filed their affidavits were: Police Officer (PO) 2 Arnel R. Canezares; PO2 Fernan C. Cano; PO2 Diony B. Corpuz; PO1 Silverio C. Garcia, Jr.; PO1 J-Rossillini O. Lorenzo; PO1 Christian Joy G. Aguilar; PO1 Myrldon L. Yagi; PO1 Ronald B. Herrera; PO1 Reynaldo Dan M. Blanco, Jr.; PO1 Ceferino B. Paculan; PO1 Erwin C. Romeroso; and PO1 Ferdinand R. Claro.

They were the additional suspects named by the Public Attorney’s Office allegedly involved in the “conspiracy” to kill Delos Santos, a 12th grader slain during an “Oplan Galugad” operation in Caloocan City on August 16.

The policemen’s legal counsel, Oliver Yuan, said that if the DOJ recommended the filing of charges before the court, the 12 should not be included because they did not take part in the operation as some of them were sick or on different assignments when the incident happened.

“So malinaw sa kaso na ‘to kung meron man dapat ma-file-an ng information sa korte (It was clear in this case that whoever should be filed with information before the court) definitely it should not be all of the respondents,” Yuan told reporters.

The lawyer said only three policemen were present during the Oplan Galugad: PO3 Arnel Oares, PO1 Jerwin Cruz, at PO1 Jeremias Pereda.

“So kung isasama mo just because members sila nun team ng PCP (Police Community Precinct) 7 ng Caloocan, e anong klaseng batas meron tayo pagkaganun? Wala nang gustong magpulis,” Yuan added.

(If you would include the others just because they were members of the Caloocan City PCP 7, what kind of law do we have? Nobody would like to become policemen.)

The affidavit also noted that the one seen on closed-circuit television being dragged by the policemen could possibly be a police asset, as stated by one of the witnesses of the prosecution.

“One of the witnesses of the complainants, Joselito Gallas y Sarmiento, stated under oath in his sworn statement that he saw the police officers going out of the house of Kian Loyd delos Santos together with a person wearing a mask, who allegedly is the one telling the police officers who are the persons involved in drug activities in the area,” it read.

“Clearly, the existence of a police asset is undeniable and this would support and justify the statement of the police officers that the person seen on the CCTV footage is their asset and NOT Kian delos Santos,” it added.

The accused pointed out that the prosecution did not answer the issue.

The complaint has been submitted for resolution and the DOJ panel would issue a decision by the second week of November, or 60 days from the time of filing. /jpv