CA upholds dismissal of Navy men tagged in Pestaño death

From the Philippine Daily Inquirer (Oct 28): CA upholds dismissal of Navy men tagged in Pestaño death

The Court of Appeals (CA) has upheld Ombudsman Conchita Carpio Morales’ order dismissing from the service all 10 Navy officers and enlisted personnel implicated in the 1995 death of Ensign Philip Pestaño aboard a Navy ship.

The appellate court’s Ninth Division, in a decision penned by Associate Justice Jose Reyes Jr., rejected the Navy officers’ appeal to overturn their dismissal for alleged grave misconduct on the Ombudsman’s order.

The justices did not rule on the Navy officers’ other appeal to overrule Morales’ order to indict them for murder.

Months after her appointment in 2011, Morales reversed a decision made in 2009 by her predecessor, Merceditas Gutierrez, dismissing the criminal complaint for murder and administrative complaint for grave misconduct filed by Pestaño’s parents, Felipe and Evelyn, against their son’s superiors and shipmates.

Of the 10 implicated personnel, four officers and two enlisted men are still in the active service.

“The Court finds the joint order of the Office of the Ombudsman dated Nov. 22, 2011, insofar as (grave misconduct) is concerned, in order.

“The motion for reconsideration filed by petitioners as to the criminal aspect of the case (for murder) is still pending resolution in the Office of the Ombudsman,” the appellate court said.

Those charged were Navy Capt. Ricardo Ordoñez, Commander Reynaldo Lopez, Commander Alfrederick Alba, Lt. Commander Luidegar Casis, Lt. Commander Joselito Colico, Lt. Commander Ruben Roque, Machinery Repairman 2nd Class Sandy Miranda, Hospital Corpsman 2nd Class Welmenio Aquino, Petty Officer 1st Class Carlito Amoroso and Petty Officer 2nd Class Mil Leonor Igacasan.

In their appeal, the Navy officers and personnel said Morales could no longer revive the complaint since the decision in 2009 that absolved them was already final.

But the CA Ninth Division took the side of Morales after she countered that her predecessor’s decision was based on “insufficiency of evidence to establish that murder… had been committed.”

Pestaño’s parents had asked Morales to reverse the Ombudsman’s finding that their son had committed suicide.

Pestaño was found dead inside his cabin on the BRP Bacolod City before the ship reached Manila coming from Sangley Point, Cavite.

He was found lying on a bed with a single gunshot wound in the right temple.

The Senate and the Armed Forces of the Philippines, in their investigations, ruled it a suicide.

http://newsinfo.inquirer.net/515365/ca-upholds-dismissal-of-navy-men-tagged-in-pestano-death