Kian Loyd Delos Santos Case

FACTS OF THE CASE

On August 16, 2017, offices of the Philippine National Police led by P03 Arnel Oares, were conducting
the so-called “one-time, big-time" anti-illegal drugs operation in Caloocan, particularly Barangay
160, where the 17 year-old, Kian Delos Santos lived.

During the said operation, Delos Santos went missing for almost an hour which prompted his family
to look for him but failed to find him. Moments after, several gunshots were then heard.

At around 8:57 pm. C/Insp. Amor Cerillo and another police officer, both in plainclothes, arrived at
the hall of Barangay 160 to report a supposed shootout. Delos Santos was found in a fetal position
with gunshot wounds to his head in a muddy and dark alley near his house, which was the site of the
alleged encounter. Two small sachets of suspected shabu (methamphetamine), one .45 caliber gun,
and four fired cartridge cases were recovered at the scene of the encounter.

On August 25, 2017, the family of Kian filed murder and torture charges against the involved officers
in the said drug operation.

Chief Inspector Amor Cerillo and the police officers involved in Kian's death - Police Officer (PO) 3
Arnel Oares, PO1 Jeremias Pereda, and PO1 Jerwin Cruz - are placed under restrictive custody
pending investigation of the case. The officers admitted at a senate inquiry that they learned of the
teenager’s drug links a day, after they shot him dead.

In his testimony, Cruz admitted in court that he and his co-accused PO1 Jeremias Pereda did not
undergo a paraffin test even though they were involved in an alleged shooting incident. Defense
counsel Oliver Yuan said there is no need for a paraffin test because the police conducted a chemistry
test on their service firearms, which yielded no gunpowder nitrates.

CONFLICTING NARRATIVES

Police tagged Delos Santos as a drug courier for his father and uncle. The teenager was shot dead by
policemen for allegedly resisting arrest. Police insist it was a shoot-out and said the 17-year-old boy
drew a firearm, which prompted them to fire back.

However, a CCTV footage showed that 2 of 3 policemen (in civilian clothes) involved in the operation,
dragging a boy, presumed to be Kian, across a basketball court. Witnesses also claimed that Delos
Santos was told to run and given a gun.

The Public Attorney's Office (PAO) conducted a re-autopsy on Kian, which showed the 17-year-old
sustained three gunshot wounds, First at the inside of the ear and second at the back of the left ear.
Third entry at the back of the body of Kian.

The PNP Crime Laboratory on the other hand says Kian sustained two gunshot wounds to the head,
and none on his body. These results differ from the PAO's office.
The Department of Justice, in a statement said forensic evidence showed, in “an indisputable
conclusion,” that Mr. delos Santos had been shot while in a “somewhat kneeling” or “fetal” position,
which puts in question the allegation of the police officers that a shoot-out ensued.

During the Senate committee hearing on Kian's death. A witness identified two Caloocan police who
were with Kian when he was killed. Contrary to claims Kian had drawn a firearm during the

PO3 Arnel Oares earlier admitted to firing the gun that killed Kian, but he claimed it was a legitimate
shootout on account of self-defense. Kian allegedly was resisting arrest and tried to flee, drew his
gun and directly shot towards the apprehending policemen. The lawyer of the policemen stated in an
interview that the prosecution failed to prove the guilt of the policemen beyond reasonable doubt.

The promulgation of judgment is set on November 29, 2018.