Manila court to hear Pestaño case

From the Manila Standard Today (Jun 30): Manila court to hear Pestaño case

The Court of Appeals has paved the way for the Manila Regional Trial Court to hear the murder case filed against 10 Navy officers and enlisted personnel over the death of Ensign Philip Andrew Pestaño.

The appellate court through Associate Justice Ramon  Bato Jr. also sustained the Feb. 26, 2014 order issued by Presiding Judge Josefina Siscar of RTC Branch 55 ordering the transfer of the accused from  military custody to the Manila City Jail.

The CA junked the petition to overturn the RTC’s order and issuance of a temporary restraining order.

According to the ruling, the charge of bias and prejudice is moot and academic since the judge has inhibited herself from handling the case.
The CA noted that the case was already raffled to Banch 6 presided by Judge Jansen Rodriguez.

It also cited Republic Act 7055, a law that strengthens civilian supremacy over the military by transferring to the civil courts the jurisdiction over certain offenses committed by members of the Armed Forces of the Philippines.

Associate Justices Rodil Zalameda and Maria Elisa Sempio Diy concurred with the ruling.

Earlier, the CA has also affirmed with finality its decision which upheld the order of the  Ombudsman dismissing from the service the accused.

Among those charged by the Ombudsman for Pestaño’s death 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 Y. Igacasan.

Court records of the case showed that BRP Bacolod City, a Navy cargo ship, left Tawi-Tawi on Sept. 20, 1995.

After seven days, the ship made a last-stop over in Sangley Point and departed the same day for its final destination, the Navy headquarters in Manila.

Before the ship reached Manila, Pestaño was found dead inside his cabin lying on the bed with a single gunshot to his right temple and a purported suicide note to his family.

Investigation by the Senate and the military ruled out suicide.

http://manilastandardtoday.com/2014/06/30/manila-court-to-hear-pesta-o-case/