MANILA — The Supreme Court (SC) has affirmed the murder conviction of three police officers for the killing of 17-year-old Kian delos Santos during an anti-drug operation in Caloocan City in 2017.

In a Decision written by Associate Justice Jhosep Y. Lopez, the SC Second Division found police officers Arnel Oares, Jeremias Pereda, and Jerwin Cruz guilty of murder. They were sentenced to reclusion perpetua, or up to 40 years in prison, and ordered to pay Kian’s family PHP 275,000 in damages.

The case stemmed from an incident on the evening of August 16, 2017, when witnesses saw the officers stop and frisk Kian in Baesa, Caloocan City. After allegedly finding suspected drugs, the officers punched him as he cried and begged to be allowed to go home because he had an exam the next day.

Witnesses said the officers forced Kian to hold a towel covering what appeared to be a gun and made him stand with his shirt raised to cover his head. One officer was heard asking whether they should take Kian to the police station, to which the others replied, “ibaba na lang natin ito.”

The officers then dragged Kian toward a dark area near a river. Moments later, Oares and Pereda shot Kian multiple times while Cruz stood guard.

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

In affirming the conviction, the SC ruled that all the elements of murder under Article 248 of the Revised Penal Code were present, including treachery. The Court explained that treachery exists when the victim has no chance to defend themselves and the attacker deliberately chooses the means of attack.

The SC noted that Oares admitted to shooting Kian and that witnesses and forensic evidence established the officers’ responsibility for the killing. A medico-legal examination showed that Kian sustained five gunshot wounds, two of which were to the head.

The Court found that the killing involved treachery, citing testimony that Kian was likely sitting or kneeling when he was shot. The bullets entered from the side and back of his head, indicating that he did not see his attackers and was unable to defend himself. The SC said the officers deliberately took Kian to a secluded area and placed him in a helpless position to ensure the execution of the crime.

The SC rejected the officers’ claim that inconsistencies in the witnesses’ testimonies undermined their credibility, ruling that the discrepancies were minor and did not relate to the elements of the crime.

It also dismissed Oares’ defense that he was merely performing his duties, stressing that this applies only when harm is an unavoidable result of a lawful police action. The Court ruled that the officers were not acting within the bounds of their duty and that killing Kian was neither necessary nor justified. The SC said “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,” ruling that this applies only when circumstances justifying the death penalty are present, which were not found in this case.