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They said complainants admitted that they have been included in the complaint because
of implied conspiracy but they pointed out that they were never at the scene of the
crime where Delos Santos was killed.
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Police Chief Inspector (PCI) Amor C. Cerillo did not give any instruction to kill or
shoot any suspect in the conduct of Oplan Galugad, the police officers said.
They said the actions of the three police officers Police Officer 3 (PO3) Arnel G.
Oares, PO1 Jeremias Pereda and Jerwin Cruz cannot be questioned because Delos
Santos fired the first shot at them.
The act made is a duty call and nobodycould do anything to prevent the tragic
incident, the police officers said in their counter-affidavit.
In the other joint counter-affidavit, the police officers gave various reasons why they
should not be included in the complaint for murder and violation of the anti-torture law:
PO1 Christian Joy G. Aguilar and PO1 Rossillini O. Lorenzo provided a certificate to
prove that they stayed at the PCP7 when their colleagues conducted the Oplan
Galugad.
PO2 Fernan C. Cano and PO1 Silverio Garcia Jr. were on sick leave when the Oplan
PO2 Arnel P. Canerzares was stationed in another place when Kian was killed. In his
affidavit and certification, on Aug. 16, he was at a Barangay outpost at Barangay 161
PO1 Myrldon L. Yagi and Ronald Herrera said they were at the Barangay Hall of
Barangay 156, East Avenue, Bagong Bario in Caloocan City when Delos Santos was
There is no evidence that would prove that [they] were present during the conduct of
Oplan Galugad on Aug.16. The fact that they did not participate and they were not in
the crime scene establishes without a doubt their non-commission of the crimes, read
the joint counter-affidavit.
It will be recalled that the Delos Santos family with the assistance of the Public
Attorneys Office filed complaints for murder, torture, planting of evidence and
violation of domicile under Article 128 of the Revised Penal Code against PO3 Arnel
Oares and PO1s Jeremias Pereda and Jerwin Cruz and their superior, Chief Insp. Amor
Cerillo before the DOJ.
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The Delos Santos family cited the findings of the PNP-Internal Affairs Service of the
existence of conspiracy among respondents Oares, Pereda and Cruz in the complaint,
adding that the investigation showed that excessive force has been employed that
resulted to Kians death.
They said the gunshot wounds sustained by the slain teenager also belie the claim of the
respondents that there was a shootout and that Kian fired at them first, prompting them
to retaliate.
Likewise, they said Cerillo as the supervisor of PCP 7 of the Caloocan police was liable
for the negligent acts of his subordinates resulting to the death of Kian. /je