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The NBI filed a criminal complaint before the Department of Justice (DOJ) for murder, violation of Domicile under Article 128 of the Revised Penal Code and Section 29 of the Comprehensive Dangerous Drugs Act or planting of evidence, against Chief Insp. Amor Cerillo, Police Officer 3 Arnel Oares, PO1 Jeremias Tolete Pereda and Jerwin Roque Cruz.
The four were already relieved from their posts and were placed under restrictive custody.
Authorities claimed the Grade 11 student fired at the police officers, prompting them to retaliate. A recorded closed circuit television (CCTV) footage, however, showed the student being dragged by the cops and witnesses say he pleaded for his life.
“Police protocol mandates that any police officer making an arrest should immediately search the arrested individual for any dangerous weapons or prohibited items and afterwards bring the arrested individual at the police station for proper filing of the case,” read the complaint that was signed by NBI Director Dante Gierran.
The NBI pointed out that delos Santos was killed in an area opposite the police station “which proves that they [police] have no intention in bringing the victim to their police office”.
The NBI also noted that the ballistic examination result from the Philippine National Police (PNP) Crime Laboratory revealed that two 9-mm fired cartridge cases at the crime scene have the same characteristics of the 9-mm pistol issued to Oares.
“Given the circumstances, gathered evidence proved that it was PO3 Arnel Oares who shot the victim,” the NBI said.
The NBI also cited that the paraffin examination on delos Santos turned out negative, negating “the allegations that victim fired shots at them upon sensing their arrival so they have no other option than to fire back at victim, hitting him in the head causing his instantaneous death”.
“From the collective acts of herein police officers, prior, during and after the incident, it is very evident that they have one single purpose, that is to kill victim,” the NBI said.
“Based on the foregoing, there exists probable cause to charge all herein subjects for murder,” the NBI added.
Last Aug. 25, Kian’s parents — Saldy and Lorenza delos Santos — accompanied by Public Attorney’s Office (PAO) chief Persida Rueda-Acosta, filed criminal charges against the four Caloocan police officers and several unidentified people before the DOJ.
On Wednesday, the DOJ formed a three-man panel of prosecutors to conduct preliminary investigation on the charges against the four policemen involved in delos Santos’ death.
The creation of the three-man panel was based on the order of the Office of the Prosecutor General dated Aug. 29, signed by Senior Deputy State Prosecutor Severino H. Gana Jr.
Senior Assistant State Prosecutor Tofel G. Austria, Assistant State Prosecutor Amanda L. Garcia and Associate Prosecutor Attorney Moises Acayan were tasked to handle the initial probe on the cases. (PNA)