Cop Gets Life For Teen Drug Suspects’ Torture, Death

A regional trial court has sentenced to life in prison a Caloocan City policeman who, along with another cop, tortured teenagers Carl Angelo Arnaiz and Reynaldo “Kulot” de Guzman after planting illegal drugs on them and a gun on their bodies to make it appear there was a shootout in 2017.

In a decision dated Nov. 10 but released only on Wednesday, Nov. 23, the Caloocan City RTC Branch 122 found Police Officer 1 Jeffrey Perez guilty of violating Republic Act Nos. 9745 (Anti-Torture Act of 2009), 9165 (Comprehensive Dangerous Drugs Act of 2002) and 10591 (Comprehensive Firearms and Ammunition Regulation Act).

The murders of Arnaiz, 19, and De Guzman, 14, happened around the same time 17-year-old Kian delos Santos was killed by police at the height of the Philippine National Police’s “Tokhang” operations under the Duterte administration’s so-called war on drugs.

The murder charges over the deaths of Arnaiz and De Guzman are filed separately before a Navotas City court.

In Judge Rodrigo Pascua Jr.’s 36-page decision, the Caloocan City RTC Branch 122 stated that circumstantial evidence – testimonies from the teenagers’ friends and forensic examination done on them – weighed enough to find Perez guilty of the charges of torture and planting evidence.

Court records showed that Perez and fellow accused PO1 Ricky Arquilita had claimed that they arrested Arnaiz and De Guzman on C-3 Road at the boundary of Caloocan and Navotas cities on Aug. 18, 2017 for robbing a taxi driver, carrying a gun and being in possession of sachets of shabu and marijuana.

The policemen claimed they shot both teenagers dead because the two allegedly fought back when they were being chased.

However, the court upheld the statements from prosecution star witness Arnold Jimenez Perlada, who testified that he was with Arnaiz and De Guzman attending a birthday party in Caloocan City the night they were picked up by police.

Perlada said he saw Arnaiz and De Guzman in the passenger side of the police mobile vehicle carrying PO1s Perez and Arquilita.

Perlada told the court that he saw Arnaiz handcuffed as he was taken out of the police car and witnessed Arnaiz plead for his life, kneeling and shouting “Susuko na po (I will surrender)!” when Perez shot him.

He also testified seeing Arquilita put the gun in Arnaiz’s hand, then heard “weak” gunshots (mahihinang putok), before placing the gun near the victim’s body.

The decision also cited how the court was convinced that the two sachets of marijuana in Arnaiz’s shorts and the three sachets of shabu inside his bag – as reported by the arresting officers – were actually planted by the accused.

The judge ruled that the court was persuaded to believe that Perez and Arquilita had tortured Arnaiz and De Guzman before they were killed.?Arnaiz’s body bore five bullet wounds and “blunt injuries in his face resulting in swelling, contusions and abrasions in various parts of his face,” while De Guzman sustained 25 stab wounds in his body along with abrasions, swellings and other wounds, based on results of the forensic examination by Public Attorney’s Office consultant Dr. Erwin Erfe.

De Guzman’s body was recovered in Gapan, Nueva Ecija weeks after the police operation.

Arquilita died while in jail in April 2019, leaving Perez to face trial.

In his verdict, Pascua ordered Perez to serve up to four years and two months in prison for torturing Arnaiz and reclusion perpetua (life imprisonment – equivalent to up to 40 years) for torturing De Guzman.

The court also imposed as punishment for Perez a total of three terms of life imprisonment for planting evidence – the sachets of drugs and a firearm – as well as absolute perpetual dis-qualification from holding any public office.

Perez was also ordered to pay moral damages in the amount of P1 million and exemplary damages worth the same amount to each of the families of Arnaiz and De Guzman, with an annual interest of six percent until fully paid.

‘Just a drop in the bucket’

Meanwhile, human rights advocates said Perez’s conviction – while a welcome development for the fight against extrajudicial killings – is just “a drop in the bucket” relative to the thousands killed in past administration’s drug war.

“We are not satisfied. This is only a drop in a bucket, considering about 30,000 cases of killings in the war on drugs. The PCICC hopes it is not only an effort to allay the continuing concerns raised by the United Nations Human Rights Council as well as to evade the continuation of investigation by the International Criminal Court,” said Aurora Parong, co-chair of the Philippine Coalition for the International Court.

“We need more intensive and systematic investigations towards criminal prosecution for possible crimes against humanity of murder, torture and sexual violence. Those who emboldened the police to torture, kill and plant evidence must be made to account, not just the low-level police,” Parong said.

For his part, Carlos Conde of Human Rights Watch (HRW) described the ruling as “most welcome and encouraging.”

“This boosts the morale and lifts the spirit of the families of the victims of drug war violence,” said Conde. “It affirms the hope that, no matter how long it takes, justice can still happen, that accountability is still possible. We are hoping that the courts will act on the many other cases pending before them.”

The only other conviction in relation to the drug war killings involved the case of Delos Santos, who was killed in Caloocan days before the bodies of Arnaiz and De Guzman were found.

The Department of Justice (DOJ) has initiated an investigation into the killings committed by police officers during anti-illegal drug operations in the previous Duterte administration.

Various groups, however, stressed that those covered by the DOJ investigation are just a small fraction of all the human rights violations committed during the drug war. – With Janvic Mateo