SEVERAL policemen are facing a complaint before the Office of the Ombudsman over the death of a senior high school student following an anti-illegal drug operation in Caloocan in August.
Named respondents were relieved Chief Superintendent Roberto Fajardo, then director of the Northern Police District; Senior Supt. Chito Bersaluna; Chief Inspector Amor Cerillo; Police Officer (PO) 3 Arnel Oares; PO1 Jeremias Pereda; PO1 Jerwin Cruz; Nono Lubiran, identified as a police asset and John Does.
Complainant Abdiel Dan Fajardo — president of the Integrated Bar of the Philippines — accused Cerillo, Oares, Pereda, Cruz, and Lubiran of murder; violation of domicile; planting of evidence; violation of the rights of a person arrested, detained or under custodial investigation, and; violation of the Juvenile Justice and Welfare Act.
He alleged in part that it was clear that the respondents “used superior strength on Kian, outnumbering him three (perhaps four) to one. This is evidenced by how easily they were able to drag him from a store near his home, through the basketball court, and to a secluded, dimly-lit area.”
Kian is Kian de los Santos, 17, who was shot dead by police after he allegedly tried to pull out a gun. Police claimed that de los Santos was a drug courier.
“By pointing Kian out, thus leading to his companions accosting the boy and eventually killing him, it can be said that Nono Lubiran acted in conspiracy with the other Respondents and is as guilty as they are for the murder committed,” Fajardo said on Monday.
The lawyer also accused Fajardo, Bersaluna, Cerillo, Oares, Pereda, and Cruz of grave misconduct and gross neglect of duty. As to Fajardo, Bersaluna, and Cerillo, he alleged that “that the above incident even occurred betrays a serious failure on their part to inculcate a respect for basic human rights in their subordinates as well as enforce compliance with the Operational Procedures of the Philippine National Police”.
According to police, de los Santos fired at them and that they killed him in self-defense.