CA junks MR of 8 Navy men charged in Pestaño murder case

From the Philippine News Agency (Oct 25): CA junks MR of 8 Navy men charged in Pestaño murder case

The Court of Appeals denied the motion for reconsideration filed by eight of the 10 Philippine Navy personnel seeking to nullify the arrest warrants issued against them by the Manila City Regional Trial Court (RTC) in connection with the murder of Ensign Philip Pestaño in 1995.

“The Court denies the petitioners’ motion for reconsideration absent valid legal basis to modify, reverse, and set aside the decision,” the CA said in a two-page resolution penned by Associate Justice Nina Antonio-Valenzuela, the former Special Sixth Division.

The appellate court also said that petitioners failed to present new arguments that would warrant the reversal of its decision issued on April 29, 2016.

In the said decision, the CA did not give credence to the claim of the accused that there was no probable cause for the issuance of an arrest warrant against them because the evidence of the case shows that the petitioners were not guilty of murder.

The CA pointed out that at the stage of determining probable cause for the issuance of a warrant of arrest, a judge is not yet tasked to review in detail the evidence submitted during the preliminary investigation.

The appellate court did not give merit to the claim of the petitioners that Manila RTC Judge Josefina Siscar committed grave abuse of discretion in issuing directing the issuance of a warrant of arrest against them last July 23, 2013.

The petitioners argued that Judge Siscar’s verdict was not based on the evidence submitted at the preliminary investigation but on the resolution of the investigating officer and on the memorandum of the Office that conducted the preliminary investigation.

“As we stated in the decision of April 29, 2016, the respondent judge based her finding of probable cause and issued the corresponding warrant of arrest after personally examining the records of the case,” the CA stressed.

“At the stage in the proceedings before the RTC, the respondent judge’s duty was to determine mere probability (and not certainty) of the guilt of the petitioners,” it added.

Among the Navy personnel issued with arrest warrants were Retired Navy Capt. Ricardo Ordoñez, Cmdr. Reynaldo Lopez, Lt. Cmdr. Luidegar Casis, Lt. Cmdr. Alfrederick Alba, Lt. Cmdr. Joselito Colico, Hospital Man 2 Welmenio Aquino, Machinery Repairman 1st class Sandy Miranda, and Petty Officer 2nd Class Mil Leonor Igcasan.

Retired PO1 Carlito Amoroso and retired Lt. Cmdr. Ruben Roque, who were among the accused in the murder of Pestano, were not among those who filed the appeal before the CA.

The CA had earlier affirmed its decision allowing the Manila RTC to proceed with the trial of the murder case filed against the Navy officers.

It also directed the transfer of the accused navy officers from the military custody to the Manila City jail.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=934441