SC affirms conviction of cops in Kian killing

The Supreme Court (SC) has affirmed the conviction of three police officers for the killing of 17-year-old Kian de los Santos during an anti-drug operation in Caloocan City in 2017, upholding their sentence of reclusion perpetua or life in prison for murder.

The decision was dated 11 August 2025, but was only made available to the media and the public recently.

In the ponencia of Associate Justice Jhosep Y. Lopez, the SC Second Division found police officers Arnel Oares, Jeremias Pereda and Jerwin Cruz guilty of murder. The Court also ordered them to pay Kian’s family P275,000 in damages.

Court records showed that on the evening of 16 August 2017, witnesses saw the officers stop and frisk Kian in Barangay Baesa, Caloocan City. After allegedly finding suspected drugs, the officers punched him as he cried and begged to be allowed to go home, saying he had an exam the next day.

They then forced Kian to hold a towel covering what appeared to be a gun and made him stand with his shirt raised over his head. Witnesses heard one officer ask whether they should bring Kian to the police station, to which another replied, “Ibaba na lang natin ito (Let’s just put him down).”

Kian was dragged toward a dark area near a river and, moments later, was shot multiple times by Oares and Pereda, while Cruz stood guard.

The officers claimed they were responding to reports of drug activity and that shots were fired at them, prompting Oares to fire back. Both the Regional Trial Court and the Court of Appeals rejected this version and convicted them of murder, imposing a sentence of reclusion perpetua.

The SC ruled that all elements of murder under Article 248 of the Revised Penal Code were present, particularly treachery. The Court said treachery exists when the victim has no chance to defend himself and the attacker deliberately adopts the means of execution.

Oares admitted to shooting Kian, while witnesses and forensic evidence established the officers’ culpability.