Case Digest (G.R. No. 268510)
Facts:
People of the Philippines v. Jeremias T. Pereda, G.R. Nos. 268510 and 274142, August 11, 2025, Second Division, Lopez, J., writing for the Court.The criminal prosecutions arose from the August 16, 2017 killing of 17‑year‑old Kian Loyd Delos Santos in Libis Baesa, Caloocan City. In Criminal Case No. C‑102925 the Information charged PO3 Arnel Oares y Gastillo, PO1 Jeremias T. Pereda y Tolete, PO1 Jerwin Cruz y Roque, and one Renato Perez Loveras (@ Nono), who remained at large, with murder; the accused likewise faced separate planting‑of‑evidence charges in Criminal Case Nos. C‑102926 and C‑102927 under Republic Act Nos. 10591 and 9165. All accused pleaded not guilty and trial proceeded.
Prosecution witnesses (including minors Sheen Concepcion and Princess Ann Alano, resident Luisa Walican, barangay CCTV custodian Abraham Montano, family members, forensic examiners Dr. Erwin Erfe and Dr. Jocelyn Padilla‑Cruz, and NBI ballistician Hiyasmin Abarrientos) testified to events showing the accused accosting, frisking, dragging and ultimately shooting Kian; a CCTV excerpt showing three persons dragging another was played; crime‑scene processing recovered a .45‑caliber firearm, cartridge cases and methamphetamine sachets; ballistics and medico‑legal reports described gunshot wounds and downward trajectories, while Dr. Padilla‑Cruz opined two head wounds suggested the victim was in a sitting/kneeling position about 60 cm from the muzzle. The defense presented the accused and other officers who testified they were conducting an operation with an unnamed “asset” and that shots were fired at them, giving rise to a claimed encounter/retaliation.
On November 29, 2018, the Regional Trial Court (Branch 125, Caloocan City) convicted Oares, Pereda, and Cruz of murder and acquitted them on the planting‑of‑evidence charges; it imposed reclusion perpetua without eligibility for parole (under RA 9346) and ordered damages. Motions for reconsideration were denied. The Court of Appeals (Fourth Division) in a December 14, 2022 Decision affirmed the RTC, rejecting arguments on inconsistencies, upholding identification of the accused, conspiracy and treachery, and finding the presumption of regularity and fulfillment‑of‑duty unjustified; the CA also denied Oares’ motion for reconsideration and issued a June 14, 2023 Partial Entry of Judgment certifying finality as to Pereda and Cruz.
Procedurally, the accused diverged: Oares and Cruz filed appeals with the CA (Cruz later sought and obtained recall of the Partial Entry as to him and the CA gave due course to his late appeal); Pereda failed to file a timely notice of appeal and instead filed a Petition for Review on Certiorari under Rule 45 with this Court on August 18, 2023, claiming he mistake...(Subscriber-Only)
Issues:
- Did Pereda avail of the proper and timely remedy to assail the CA Decision, and may his Rule 45 petition be entertained?
- Did the prosecution prove beyond reasonable doubt that Oares, Pereda, and Cruz are guilty of murder?
- Were the defenses of presumption of regularity/performance of official duty and self‑defense established?
- Are the qualifying and aggravating circumstances (treachery, conspiracy, premeditation, use of firearm, superior strength, nighttime) present, and what ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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