CA denies cop’s motion to overturn conviction in Arnaiz-De Guzman case
The Court of Appeals (CA) has denied the plea of a former Caloocan City police officer to overturn the affirmation of his conviction for torturing and planting evidence on drug war victims Carl Angelo Arnaiz and Reynaldo “Kulot” de Guzman.
In a resolution dated Nov. 25, the appellate court denied the motion for reconsideration of ex-Police Officer 1 Jeffrey Perez [Patrolman under the new police rank classification system] for lack of merit, saying the issues he raised had already been tackled in its previous decision.
“Ultimately, what emerges is a grim portrait of abuse of power under the guise of authority. This Court cannot and will not lend its imprimatur to such betrayal of public trust,” the CA said in the ruling penned by Associate Justice Eduardo Ramos Jr.
In its decision dated April 10, the appellate court’s Second Division affirmed a 2022 ruling by the Caloocan City Regional Trial Court (RTC) that found Perez guilty of multiple charges, including torture and planting of evidence.
Accused’s arguments
It also upheld the penalties of reclusion perpetua and two life sentences without parole meted out by the RTC. However, the Second Division reduced the damages awarded to each victim’s family from the P2 million imposed by the Caloocan court.
In filing an appeal before the CA, Perez argued that De Guzman’s lifeless body was discovered in Gapan, Nueva Ecija, on Sept. 6, 2017, suggesting that he was killed there and not in Caloocan or Navotas cities.
As for the case of Arnaiz, the police officer asserted that the prosecution failed to prove the 19-year-old was tortured or that the planting of the evidence against him happened in Caloocan City.
Perez likewise challenged the “last seen alive” doctrine that the CA invoked, arguing that it does not apply to his case because there was no competent proof that the victims were last seen with him.
In denying his motion, the CA said there was no compelling reason to modify its earlier ruling, much less reverse it. It emphasized that the “absence of direct evidence does not negate culpability.”
Minor but crucial detail
According to the appellate court, the last seen alive doctrine applied to the case and the prosecution established that two victims were last seen together on Aug. 17, 2017, before they went missing.
Specifically, the CA said, Arnaiz and De Guzman were last spotted within Caloocan City, onboard a police vehicle with “Caloocan” written on the back—a detail that while seemingly minor, was in fact crucial.
“It ties the perpetrators and their instruments directly to the Caloocan City police and transforms the patrol car itself from a mere vehicle into an instrumentality of torture—a mobile chamber of abuse disguised under the color of law,” the appellate court said.
