CA upholds dismissal of 10 Navy officers in Pestano case

From the Philippine Star posted to ABS-CBN (May 29): CA upholds dismissal of 10 Navy officers in Pestano case


The 10 Navy officers implicated in the death of Ensign Philip Andrew Pestano in September 1995 have been dismissed from the service on orders of the Court of Appeals (CA).

Affirming with finality the 2011 order of the Office of the Ombudsman, the CA’s former ninth division denied the motion for reconsideration of the 10 for their failure to present new arguments to warrant the reversal of the ruling.

“After carefully considering the grounds raised in the subject motion, we find that the reasons and the arguments in support thereof have been aptly treated, discussed and passed upon in the subject decision,” read the CA ruling.

“The additional arguments proffered therein constitute no cogent or compelling reason to modify, much less reverse it.”

The resolution was promulgated last May 20 but released only yesterday.

The 10 dismissed officer are Navy Capt. Ricardo Ordoñez; Commanders Reynaldo Lopez and Alfrederick Alba; Lt. Commanders Luidegar Casis, Joselito Colico and 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.

The Navy officers said the Office of the Ombudsman’s first joint resolution, dated June 15, 2009 had already absolved them.

However, the CA gave weight to the position of the Office of the Ombudsman that the Navy officers could not be considered absolved as the 2009 resolution did not make any findings that they are innocent of the charges.

“As correctly observed by the Ombudsman, the dismissal in the June 15, 2009 resolution was based on insufficiency of evidence to establish that murder from which petitioners’ administrative liability may arise, had been committed,” read the CA decision.

“It did not make any pronouncement that petitioners were innocent of the charges or that they acted in accordance with law.”

The CA did not give merit to the contention of the Navy officers that Ombudsman Conchita Carpio-Morales’ order did not state clearly the facts and law on which it was based and did not cite any legal basis for their dismissal from the service.

Associate Justice Jose Reyes wrote the decision. Associate Justices Mario Lopez and Socorro Inting concurred.

Records of the case showed that BRP Bacolod City left Tawi-Tawi on Sept. 20, 1995. Before the ship reached Navy headquarters in Manila, Pestaño was found dead inside his cabin with a single gunshot wound on his right temple.

He purportedly left a suicide note to his family.

Based on investigations of the Senate and the Armed Forces, Pestaño did not commit suicide.

It was also discovered that Pestaño had known of illegal activities in the Bacolod City, which posed as a possible motive to have him killed.

Investigations showed that the ship carried undocumented lumber from then Tawi-Tawi Gov. Gerry Matba for then Vice Adm. Pio Carranza.

Before his death, Pestaño reportedly confronted Ordonez, his immediate superior, about the shipment.

http://www.abs-cbnnews.com/nation/05/29/14/ca-upholds-dismissal-10-navy-officers-pestano-case