CA affirms ‘drug war’ cop’s conviction in teens’ killing
The deaths of Carl Arnaiz and Reynaldo “Kulot” de Guzman, who were killed in 2017 during the Duterte administration’s drug war, underscore the grim reality of police misconduct “where those meant to safeguard us become abusers,” the Court of Appeals (CA) said as it upheld the conviction of a Caloocan police officer for torturing and planting evidence on the teenagers.
“Kulot, a minor, and Carl, a promising young man, lost their future…due to a system that permits torture, murders, and the fraudulent planting of evidence. Their lives, stolen in violence, should not be forgotten,” the CA said in its 50-page decision penned by Associate Justice Eduardo Ramos Jr. and released recently.
Damages, interest
The appellate court added that the “heartbreaking losses of their lives should act as a rallying cry for reforming law enforcement, enhancing judicial oversight, and ensuring that no further lives are claimed by those who are meant to protect.”
In its decision dated April 10, the CA’s Second Division affirmed a 2022 ruling by the Caloocan City Regional Trial Court finding Police Officer 1 Jefrey Perez guilty of multiple charges, including torture and planting of evidence.
It upheld penalties of reclusion perpetua and two life sentences without parole, but reduced the damages awarded to each victim’s family from the original P2 million meted by the Caloocan court.
In denying Perez’s appeal, the CA upheld his conviction for the torture of Arnaiz, sentencing him to six months to four years and two months imprisonment, but reducing the earlier imposed moral and exemplary damages to P50,000 each.
For the torture of De Guzman, Perez received reclusion perpetua and was ordered to pay a total of P75,000 in moral and exemplary damages.
The CA still upheld the 6 percent annual interest on the damages from the date of finality and reminded the victims’ heirs of their right to further compensation under Republic Act No. 7309.
The 1992 law establishes a Board of Claims under the Department of Justice “for victims of unjust imprisonment or detention and victims of violent crimes.”
Arnaiz, then 19 years old, completed his elementary school as class valedictorian, finished high school at Makati Science High School, and was admitted to the University of the Philippines for his college education.
Robbery claim
De Guzman, 14 years old, was one of five children of Eduardo and Lina. He was a fifth-grade student at Bunga Elementary School in Estella Mariz St., Pasig City.
To support his education, he sold fish after school and mixed cement at a construction site.
According to the prosecution, the boys were last seen alive with Perez around 10 p.m. on Aug. 17, 2017.
The prosecution’s main eyewitness Arnold Perlada recounted that he saw Arnaiz on that day in handcuffs, kneeling and shouting “susuko na po!” before being shot by Perez.
PO1 Ricky Arquilita then removed the handcuffs, flipped Arnaiz over, retrieved his gloves and a “black item,” and more shots rang out.
The defense, however, claimed that taxi driver Tomas Bagcal had reported a robbery around 3 a.m. on Aug. 18, prompting a police response and an alleged shootout with Arnaiz that led to his death.
Arnaiz’s body was found on Aug. 28 in a Caloocan funeral home; De Guzman’s body was discovered on Sept. 6 in Gapan, Nueva Ecija.
‘Complete picture’
Perez and Arquilita were denied bail in 2018. A demurrer to evidence was also junked. Arquilita died while the case was pending.
In affirming the Caloocan court’s Nov. 10, 2022, decision, the CA invoked the “last seen alive principle,” emphasizing that when all the circumstances and pieces of evidence are taken together and not nitpicked individually, these paint the complete picture that Perez was indeed responsible for the injuries suffered by Arnaiz and De Guzman.
“To the mind of this Court, these circumstances, individually, are not sufficient to support accused-appellant’s conviction. But taken together, they constitute an unbroken chain leading to the reasonable conclusion that accused-appellant is guilty of the crime charged,” the CA said.
Perez is also perpetually disqualified from holding public office.
The CA concluded its ruling with a firm reminder: “Public peace is never predicated on the cost of human life.”
“Finally, it is Our fervent hope that this case will be a living testament that although far from being perfect, Our judicial institution remains steadfast in protecting the rights of those who cannot help themselves, and We will continue to do so, lest the confidence in the judiciary be shaken,” the CA said.
