Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 50
CITY OF CALOOCAN

PEOPLE OF THE PHILIPPINES,

Complainant,

-versus- CRIMINAL CASE NO. 020513

For: MURDER

PO3 ARNEL OARES,

P01 JEREMIAS TOLETE PEREDA,
P01 JERWIN ROQUE CRUZ,
Defendant-Accused.

x- - - - - - - - - - - - - - - - - - - - -x.

PRE-TRIAL BRIEF OF THE PROSECUTION

THE PEOPLE OF THE PHILIPPINES, through the undersigned City

Prosecutor, before this Honorable Court, most respectfully submit this Pre-
Trial Brief.

I
SUMMARY OF ADMITTED FACTS AND PROPOSED
STIPULATION OF FACTS

The following are the admitted facts:

1. The identity of the victim, whereas, the victim was Kian Loyd Delos
Santos (Kian, for brevity), was 17 years old at the time of his death,
and lived with his parents since birth at their residence in Barangay
160, Caloocan City.

2. The identities of the accused charged in the INFORMATION,

whereas, PO3 Arnel Oares, PO1 Jeremias Tolete Pereda, and PO1
Jerwin Roque Cruz were members of the Caloocan PNP.
 People v. Oares, et.al
Criminal Case No. 020513
Page 2 of 7

3. The Murder and Torture by the said Caloocan PNP members, in

connection with the inhumane and extrajudicial killing to the victim
Kian.

4. The date and places of the commission of the crime, where the
crime transpired on August 16, 2017 at Barangay 160, Caloocan
City.

II
ISSUES TO BE TRIED

1. Whether the crime of Murder has been committed by the accused?

2. Whether the testimony of the witnesses, strengthened by the findings

of the expert witness and the CCTV footage, are sufficient to convict
the accused for the crime of Murder?

3. Whether the accused are guilty beyond reasonable doubt of the crime
charged?

4. Assuming that Kian was allegedly involved in the illegal drug-related

activity, does the act of killing committed by police officers would
warrant a violation of due process, considering that the victim was
minor and the accused were persons in authority?

III
APPLICABLE LAWS AND JURISPRUDENCE

1. Article 248 of the Revised Penal Code. Murder- Any person who,
not falling within the provisions of Article 246, shall kill another,
shall be guilty of murder and shall be punished by reclusion perpetua,
to death if committed with any of the following attendant
circumstances:

1.With treachery, taking advantage of superior strength,

with the aid of armed men, or employing means to weaken the
defense, or of means or persons to insure or afford impunity;
 People v. Oares, et.al
Criminal Case No. 020513
Page 3 of 7

xxx

2. REPUBLIC ACT N0. 9745. AN ACT PENALIZING TORTURE

AND OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT AND PRESCRIBING
PENALTIES THEREFOR.

Section 5. Other Cruel, Inhuman and Degrading

Treatment or Punishment. - Other cruel, inhuman or degrading
treatment or punishment refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4 of this
Act, inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a
level of severity sufficient to cause suffering, gross humiliation
or debasement to the latter. The assessment of the level of
severity shall depend on all the circumstances of the case,
including the duration of the treatment or punishment, its
physical and mental effects and, in some cases, the sex,
religion, age and state of health of the victim xxxxxx

3. REPUBLIC ACT N0. 9745. AN ACT PENALIZING TORTURE

AND OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT AND PRESCRIBING
PENALTIES THEREFOR.

Section 13. Who are Criminally Liable. - Any person

who actually participated or induced another in the commission
of torture or other cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution of the act of
torture or other cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts shall be liable as
principal xxxxxx

4. REPUBLIC ACT 9344. JUVENILE AND JUSTICE WELFARE

ACT.

Section 20-C. Exploitation of Children for Commission

of Crimes. – Any person who, in the commission of a crime,
makes use of children, including any person who abuses his/her
authority over the child or who, with abuse of confidence, takes
advantage of the vulnerabilities of the child and shall induce,
threaten or instigate the commission of the crime, shall be
imposed the penalty prescribed by law for the crime committed
in its maximum period.
 People v. Oares, et.al
Criminal Case No. 020513
Page 4 of 7

5. REPUBLIC ACT 9165. THE COMPREHENSIVE DRUGS ACT

OF 2002.

Section 29. Criminal Liability for Planting of Evidence.

– Any person who is found guilty of “planting” any dangerous
drug and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of
death.

6. Revised Rules of Evidence

7. Jurisprudence laid down by the Supreme Court on MURDER

Complainant respectfully reserves the right to cite applicable laws and

jurisprudence as the case progresses.

IV
DOCUMENTS TO BE MARKED

1. Copy of Birth Certificate of the Victim-------------------------Exhibit

“A”
(This is a birth certificate of Kian Loyd Delos Santos to prove that he was
indeed 17 years of age and still a minor at the time of the killing incident).

2. Copy of Death Certificate --------------------------------------Exhibit “B”

(This is a Death Certificate of Kian Loyd Delos Santos to prove the fact of
death and the immediate cause of death).

3. Copy of Police Drug Watchlist ---------------------------------Exhibit

“C”
(This is the copy of Police Precinct Drug Watchlist to prove that Kian was
not one among those included in the watchlist).

4. Copy of Barangay Drug Watchlist ----------------------------Exhibit

“D”
(This is the copy of Barangay 160 Drug Watchlist to prove that Kian was
not one among those included in the watchlist).
 People v. Oares, et.al
Criminal Case No. 020513
Page 5 of 7

5. Copy of PNP Autopsy Report ----------------------------------Exhibit

“E”
(This is the copy of autopsy report conducted by the PNP Crime Laboratory
to prove that this contradicts the Forensic Report of PAO).

6. Copy of PAO Autopsy Report ----------------------------------Exhibit

“F”
(This is the copy of Medico-legal/autopsy report conducted by Dr. Erwin P.
Erfe of PAO Forensic Laboratory as requested by the family to prove that
Kian sustained three (3) gunshot wounds which would reveal an intentional
killing by the defendant-accused).

7. Copy of Police Report -------------------------------------------Exhibit

“G”
(This is the copy of Police Report on the alleged shooting encounter by
Defendant and Kian to prove that the initial investigation of the Plice Senior
superintendent Bersaluna contradicts the NBI Investigation which
recommends the prosecution of the defendant herein for Murder case).

8. Copy of Barangay CCTV Footage ---------------------------Exhibit “H”

(This is a CCTV Footage of Barangay 160 to prove that Kian was being
dragged by the defendant- accused and to refute their claim that they
gunned down Kian because he fought back and that he was the one who
even fired first at them).

9. Copy of Paraffin Test--------------------------------------------Exhibit “I”

(This is a Copy of Paraffin Test conducted by PNP Crime Laboratory to
prove that both hands of Kian were negative of gunpowder nitrates).

10. Copy of Ballistic Report ---------------------------------------Exhibit “J”

(This is a Copy of Ballistic Report conducted by the PNP Crime Laboratory
to prove Oares shot Kian, where in the report revealed that the 9mm bullet
found in the crime scene had identical characteristics as that of the pistol
issued to Oares).

11. Sworn Affidavit of witness “Choleng” -----------------------Exhibit

“K”
(This is a Sworn statement of Choleng to prove the that the defendant-
accused killed Kian on August 16, 2017).

12. Sworn Affidavit of witness “Hana” ---------------------------Exhibit

“L”
 People v. Oares, et.al
Criminal Case No. 020513
Page 6 of 7

(This is a Sworn statement of Hana to prove the that the defendant-accused

killed Kian on August 16, 2017).

13. Sworn Affidavit of “Juan” ------------------------------------Exhibit “M”

(This is a Sworn statement of Juan to prove the that the defendant-accused
killed Kian on August 16, 2017).

14. Sworn Affidavit of Zaldy and Lorenza Delos Santos -------Exhibit

“N”
(This is a sworn statement of Zaldy Delos Santos and Lorenza Delos Santos
to prove the fact of the killing incident that transpired at Barangay 160,
Caloocan City on August 16, 2017).

15.Sworn Affidavit of Dr. Erwin P. Erfe -------------------------Exhibit

“O”
(This is a Sworn Statement of Dr. Erwin P. Erfe, a forensic expert who
conducted the second autopsy of the body of the deceased Kian Loyd Delos
Santos to prove that his autopsy report revealed that Kian sustained three
gunshot wounds and the trajectory was downward, thus revealed an
intentional killing of the victim).

IV
WITNESSES

1. Zaldy Delos Santos– to testify on the matters and circumstances

attending the killing of the victim;

2. Lorenza Delos Santos- testify on the matters and circumstances

attending the killing of the victim;

3. Choleng- prosecution’s first witness, to testify on the matters and

circumstances attending the killing of the victim;

4. Hana- prosecution’s second witness, to testify on the matters and

circumstances attending the killing of the victim;

5. Juan – prosecution’s third witness – to testify on the matters and

circumstances attending the killing of the victim;

6. Dr. Erwin Erfe- to testify that he is an expert witness, a Director of

PAO Forensic Laboratory, who conducted the second autopsy of
Kian, and to testify on the matters regarding the Autopsy Report.
 People v. Oares, et.al
Criminal Case No. 020513
Page 7 of 7

V
TRIAL DATES

PROSECUTION SUBMITS TO THE CALENDAR OF CASES OF

THIS HONORABLE COURT.

RESPECTFULLY SUBMITTED. Quezon City, November 11,

2017.

CALOOCAN CITY PROSECUTOR’S OFFICE

Hall of Justice
Caloocan City

By:
ATTY. JOJO J. MABUTI
Asst. City Prosecutor
Roll of Attorneys No. 34566
IBP No. 123456/Caloocan City/January 10, 2013
MCLE Exempt
PTR Exempt

Copy Furnished:

ALEJANDRO DENILLA GUTIERREZ LAW OFFICES

By:
NORIEL VIKTOR MA. D. GUTIERREZ
Counsel for the Defendant
Unit 341 Executive Manor, Legaspi Village,
Makati City