The Supreme Court (SC) has sentenced three police officers to reclusion perpetua for the killing of 17-year-old Kian delos Santos during an anti-drug operation in Caloocan City in 2017.
In a decision dated 11 August 2025, written by Associate Justice Jhosep Y. Lopez, the SC Second Division found police officers Arnel Oares, Jeremias Pereda, and Jerwin Cruz guilty of murder.
Aside from the penalty of reclusion perpetua, or up to 40 years of imprisonment, the court ordered the officers 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 Kian should be taken to the police station, to which the others replied, “ibaba na lang natin ito.”
Kian was dragged toward a dark area near a river and was later shot multiple times by Oares and Pereda, while Cruz stood guard.
The officers claimed they were responding to reports of drug activity and alleged that shots were fired at them, prompting Oares to chase the supposed shooter and fire back.
Both the Regional Trial Court and the Court of Appeals earlier convicted the officers of murder and imposed the penalty of reclusion perpetua without eligibility for parole.
The Supreme Court affirmed the conviction, ruling that all the elements of murder were present under Article 248 of the Revised Penal Code, particularly treachery.
The Court said treachery exists when the victim has no chance to defend himself and the attacker deliberately chooses the means or method of attack, such as shooting vital areas or attacking from behind.
In this case, Oares admitted to shooting Kian, while witnesses and forensic evidence confirmed the officers’ involvement in the killing. A medico-legal examination showed that Kian sustained five gunshot wounds, two of which were to the head.
The SC said medical findings indicated that Kian was likely sitting or kneeling when he was shot, with bullets entering from the side and back of his head, showing that he did not see his attackers and was unable to defend himself.
The Court found that the officers deliberately took Kian to a secluded location and placed him in a helpless position, ensuring the execution of the crime.
The SC rejected the officers’ claim that inconsistencies in witness testimonies weakened the prosecution’s case, ruling that the discrepancies were minor and did not affect the elements of the crime.
Oares’ defense that he was merely performing his duties was also dismissed, with the Court stressing that the defense applies only when harm is an unavoidable result of a lawful police action.
In this case, the SC ruled that the officers were not acting within the bounds of their duty, adding that killing Kian was neither necessary nor justified.
The Court emphasized that “the killing of a minor could not be considered standard in this operation” and that the “performance of duties does not include murder.”
While affirming the conviction, the SC modified the penalty by removing the phrase “without eligibility for parole,” noting that this applies only when circumstances justify the death penalty, which were not present in the case.