Youth leaders ask Aguirre to inhibit from Kian’s case

MANILA, Philippines — A number of youth leaders on Tuesday filed a motion asking Justice Secretary Vitaliano Aguirre to inhibit from the preliminary investigation of the murder and torture case of Kian Delos Santos.

Aside from Aguirre’s inhibition from the case, the youth leaders also asked the Office of the Ombudsman to take the case.

“The Department of Justice by virtue of Secretary's public pronouncement has lost its impartiality to conduct the preliminary investigation. The Department of Justice’s involvement would compromise the procedure and would deny the Delos Santos due process,” the motion read.

“As having prejudge the Kian Delos Santos and Murder Torture case by showing support to police operations conducted under the campaign against illegal drugs, it is respectfully submitted that the Department of Justice Vitaliano Aguirre should inhibit from conducting the preliminary investigation for the aforementioned case and the venue thereof be transferred to the Office of the Ombudsman,” it added.

Youth leaders Karla Yu of Millennials Against Dictators, Amber Quiban of University of the Philippines Bukluran System, Jeza Antoinette Rodriguez of the Student Council Alliance of the Philippines and Moira Macainag of Social and Human Sciences PLM Unesco Club filed the motion before the DOJ.

In their motion, the petitioners said Aguirre is impartial and prejudged the case citing pronouncements made by the justice secretary siding with the police.

“Blown out of proportion in the media kaya akala mo napakalaki na,” Aguirre said on August 23 during the DOJ budget briefing at the House of Representatives.

"There are thousands of killings because of the focus of the president on illegal drugs. There was no equivalent incident in the past which could be compared with the Delos Santos killing," he was also quoted.

The youth leaders also cited Aguirre’s statement against the witnesses under the protective custody of Sen. Risa Hontiveros as well as his previous order to downgrade the murder charge against the cops implicated in the case of slain Albuera Mayor Rolando Espinosa Sr.

“These pronouncements belie the institutional bias f the DOJ downplaying the killing of 17-year-old Kian Delos Santos and favoring the legitimacy of police operation implementing a campaign against drugs and criminality pursuant to PNP Command Memorandum Circular 16-2016 or the PNP Anti--illegal Drugs campaign plan project: Double barrel,” the youth leaders said.

The petitioners also said that under Section 13 (1) of Article XI of the 1987 Constitution and Sec. 15 (1) of RA No. 6770 or the Ombudsman Act, the Ombudsman can “take cognizance of the complaint filed.”

Hontiveros and Aguirre last Thursday urged each other to inhibit from the investigation into the killing of Delos Santos during a police anti-drugs operation in Caloocan City.

The victim's parents filed the case before the DOJ accompanied by Public Attorney's Office chief Persida Rueda-Acosta. The murder and torture raps were filed against Police Officer 3 Arnel Oares, Police Officer 1 Jeremias Pereda, Chief Inspector Amor Cerillo and several others.