THE Regional Trial Court (RTC) of Caloocan City has declared Police Officer 1 Jeffrey Perez guilty of planting of evidence and torture in connection with the brutal killings of teenagers Carl Angelo Arnaiz and Reynaldo “Kulot” de Guzman in August 2017.
In a 36-page ruling issued by Caloocan RTC Branch 122 Presiding Rodrigo Pascua Jr., the trial court gave more weight to the testimony of star witness Arnold Perlada, along with the findings of Dr. Erwin Erfe, a forensic consultant and designated direct of the Public Attorney’s Office Forensic Laboratory Service, in convicting Perez of violation of Republic Act 9745 or the Anti-Torture Act of 2010 (two counts) and violation of Section 38 of RA 10591 or the Comprehensive Firearms and Ammunition Regulation Act and Section 29 of RA 9165 or the Dangerous Drugs Act of 2002 for planting of evidence.
“After a careful scrutiny of the records and evaluation of the pieces of evidence presented by the prosecution, the Court is convinced that the prosecution was able to overcome its burden,” the trial court said.
“The Court finds the testimony of Perlada on matters relevant to the case before us, corroborated by the forensic report and the expert testimony of Dr. Erfe worthy of belief,” it added.
Perez, along with his co-accused PO1 Ricky Arquilita, claimed that Arnaiz was killed in a shooting incident during a legitimate anti-illegal drug operation. Arquilita died during the pendency of the trial of the case, which extinguished his criminal liability.
Perlada testified that on August 17, 2017, he and a friend came from a party in Taksay Street in Caloocan when he witnessed Arnaiz’s killing.
Perlada said he saw the accused bringing Arnaiz out of a parked police car with “Caloocan” signage and ordered him to kneel on a grassy area.
Then he saw Arnaiz holding up his bound wrists and shouted “susuko na po ako,” but was shot three times.
The witness also testified that he saw another young boy inside the police car that night, who is believed to be de Guzman, a friend of Arnaiz.
Arnaiz and de Guzman went missing from their residence in Cainta, Rizal.
Their bodies were later found in a creek in Gapan, Nueva Ecija with Arnaiz sustaining gunshot wounds, while de Guzman was stabbed 30 times.
Forensic examination on Arnaiz’s body showed that he was kneeling when he was shot several times on the chest, suggesting intentional killing on the part of the accused.
It was also discovered that Arnaiz was tortured before he was killed as his wrists were swollen and bore handcuff marks and his eyes were bruised.
Meanwhile, the autopsy on de Guzman showed that he was tortured prior to his death with 28 stab wounds.
His body was found on September 5, 2017 in a creek in Nueva Ecija with his head wrapped in packing tape.
“PO1 Jeffrey S. Perez is found guilty beyond reasonable doubt for all the crimes charged against him,” Pascua said in his ruling dated November 10.
For violation of Republic Act 9745 or the Anti-Torture Act of 2010 against Arnaiz, the court sentenced Perez to a prison term of six months as minimum to four years and two months as maximum.
For violation of the same law in relation to de Guzman, the accused was sentenced to reclusion perpetua.
In the case of planting of evidence under Section 29 of RA 9165 on Arnaiz, the court meted two life terms against Perez, in addition to “absolute perpetual disqualification from any public office.”
For planting of evidence under Section 38 of RA 10591, the trial court sentenced Perez to reclusion perpetua.
“Additionally, accused is hereby ordered to pay the heirs of Carl Angelo Arnaiz and Reynaldo de Guzman alias Kulot moral damages amounting to P1 million and exemplary damages amounting to P1 million, or a total of P2 million for each of the victim’s heirs,” the court said.
“An interest at the rate of 6 percent per annum shall be imposed on all monetary awards from the date of finality of this decision until fully paid,” the court added.
Furthermore, the court said the victim’s heirs are “likewise entitled to claim for compensation as provided under Republic Act 7309 for an amount to be determined by the government agency concerned.”
RA 7309 is the law that created the Board of Claims for victims of unjust imprisonment or detention and victims of violent crimes.
