PUBLIC Attorney’s Office chief Persida Rueda-Acosta on Thursday asked Senator Risa Hontiveros to turn over three eyewitnesses in the killing of 11th grader Kian Loyd delos Santos by police during an anti-drug operation in Caloocan City on Aug. 16.
Acosta also revealed that the murder charges against the policemen involved in Kian’s death will be filed before the Department of Justice today (Aug. 25).
Acosta said she supported the statement of Justice Secretary Vitaliano Aguirre II that the witnesses should be under the custody of the witness protection program (WPP) of the Justice Department.
“Senator Risa should now turn over their custody to the DOJ and NBI [National Bureau of Investigation] because the Delos Santos family has chosen our office to handle their case,” she said, in an interview.
She also said Hontiveros’ custody of the three witnesses—including two minors—was temporary.
“The family of these witnesses initially sought her help, but the parents of the minors have already decided to recall the custody of the witnesses from the senator,” Acosta said.
Acosta has confirmed that a fourth eyewitness was already in her office’s custody.
“We will apply for WPP coverage of the witness after the filing of the complaint for murder before the DOJ tomorrow [Friday],” she added.
The PAO on Thursday stood by the findings of the autopsy performed by its forensic experts, which showed that Kian was shot three times, twice a point-blank range, contrary to the findings of a police autopsy that he was shot only twice from a distance.
Dr. Erwin Erfe, PAO’s forensic laboratory director, said their independent autopsy showed Kian suffered a third gunshot wound on his back, aside from the two to his head.
Erfe said trajectory studies showed the gunman shot Kian in the back from two feet away before shooting him again twice, pointblank in the ear.
“We saw there were burn marks on the gunshot would and skin inside his ear, which means the gun was near his ear when it was fired,” he said in Filipino.
Based on the angle of the entry wounds, Kian was already flat on the ground when he was shot pointblank.
Acosta said these findings showed Kian was intentionally killed.
In an interview on radio dzMM, she said if the victim is shot from the back, there is an element of treachery.
“This isn’t just homicide,” she said. “There are elements of murder.”
Aguirre, who has ordered the National Bureau of Investigation to conduct a parallel probe on Kian’s death, earlier said that the witnesses should be transferred to the custody of the WPP.
He expressed concern that the three witnesses could be polluted after they were taken into protective custody by Hontiveros, a vocal critic of the Duterte administration’s war on drugs.
The DOJ chief pointed out that the WPP—not the office of a senator—has the mandate to protect witnesses.
The three police officers behind Kian’s death—Police Officer 3 Arnel Oares and Police Officers 1 Jeremiah Pereda and Jerwin Cruz—earlier claimed that they killed Kian after he shot it out with them, but tests on Kian’s hands showed no gunpowder residue, and CCTV footage showed the boy being dragged to an alley by two policemen.
The three policemen and their superior, police community precinct 7 commander Chief Inspector Amor Cerillo, were already relieved and put under restrictive custody.
At a Senate hearing on the killing, the three policemen involved in the shooting said it was not Kian that they were seen dragging on the CCTV footage, but an informant, contradicting a statement Wednesday by the PNP Internal Affairs Service Inspector General Alfegar Triambulo.
Triambulo said Wednesday that two of three police officers involved admitted it was Kian they dragged, not an informant.
But before the Senate committee on public order and illegal drugs, Cruz, Pereda and Oares said it was their “asset” they were seen dragging.
When Senator Grace Poe asked why they had to drag their informant, Cruz responded, saying their “asset” did not want to be known as a police asset.
Cruz admitted that it was he and Pereda who were seen on camera dragging a boy, but insisted it was not Kian. “We do not know Kian,” Cruz added.
Cruz and Pereda said they were after a different target on the night Kian was killed, but they failed to answer when asked if they were the ones who killed the 17-year-old student.
They then refused to answer more questions, and invoked their right against self-incrimination.
Caloocan City police Station 7 commander Chief Inspector Amor Cerillo earlier said in the hearing that ballistics examination showed that the slugs found in the crime scene matched the firearms of Oares.
The policemen appeared before the Senate inquiry without a counsel.
Oares said they would answer questions about Kian’s death “next time.”
Senator Panfilo Lacson expressed dismay over their decision not to answer questions despite the assignment of a Senate lawyer to act as their counsel.
“You akready have counsel, but still, you won’t answer. With that demeanor, the perception of the three of you will be affected,” said Lacson. He said his committee would respect their decision but required them to bring their own lawyer to the next hearing.
Responding to a query from Senator Paolo Benigno Aquino IV if the killing of Kian was justified Philippine National Police chief Director General Ronald dela Rosa said “only criminals and murderers would shoot a suspect on his knees face down.”
“I cannot justify that, your honor, shooting someone who is kneeling down,” he added in Filipino.
“As for me, if Kian was kneeling and was shot in the back, then you are a criminal, a murderer and not a law enforcer,” she said.
Dela Rosa said he had no orders to launch anti-drug operations when Poe asked if the recent overnight drug raids were conducted based on the PNP chief’s instructions.
“Our units are taking the cue from the words of the President that our anti-drug operations are unrelenting. We will just continue this since day 1 of this administration,” Dela Rosa said.
“My general policy to all operating units is to continue, just continue the war on drugs,” he added.
Chief Supt. Roberto Fajardo, former Northern Police District chief, said they only “confirmed” Kian’s alleged drug ties after the operation that killed him.
Former Caloocan City police chief Chito Bersaluna also echoed the statement of Fajardo but said this was based in what was on social media.
Senator Manny Pacquiao assailed Bersaluna for his answer, saying that kind of reasoning was unacceptable.
“To say it was from social media is very shallow,” said Pacquiao.
Bersaluna then said policemen recovered a cellphone with Delos Santos’ supposed drug transactions.
Bersaluna also said that Caloocan police arrested a certain Nono Lubiras a day after Kian’s killing, who confessed that he dealt with Kian.
At this point, Senate Minority Leader Franklin Drilon interrupted the questioning and pointed out that Kian’s alleged drug ties were not the issue.
“There was an extrajudicial killing. Whether or not he is guilty is not the issue here. Assuming that he was a drug dealer, that’s besides the point,” Drilon said.
“My submission, Mr Chairman, the purpose of this investigation is to find out the circumstance behind the killing of Kian, not whether Kian is a drug pusher. Because he’s already dead, he can no longer defend himself. The fact is, he has been killed,” Drilon said.
Drilon also asked Justice Secretary Vitaliano Aguirre II if he is amenable to transferring the preliminary investigation of Kian’s killing to the Ombudsman, which also has jurisdiction to hear the case.
But Aguirre said doing so would be an admission that the Justice Department was incapable of credibly investigating the case.