THE Ombudsman filed murder charges against several Navy officers and enlisted men in connection with the alleged killing of Ens. Philip Pestaño in 1995 on the basis of an “nonexistent military report,” a defense lawyer said.
Defense counsel Ana Luz Cristal said she has discovered that the Joint Order dated November 22, 2011, ruling issued by Ombudsman Conchita Carpio-Morales, who ordered the filing of a case for murder (OMB-P-C-05-1928-J) and grave misconduct (OMB-P-A-05-1223-J) against her clients, was based on allegedly “newly discovered evidence”—a report allegedly prepared by a committee tasked by the Office of the Inspector General (IG) of the Armed Forces to investigate the case.
The accused include Capt. Ricardo Ordonez, Lt. Cmdr. Ruben Doque, Petty Officer 2nd Class Mil Leonor Igcasan and Petty Officer 1st Class Carlito Amoroso, all retired. Also in the charge-sheet were Cmdrs. Reynaldo Lopez, Luidegar Casis and Alfrederick Alba; Lt. Cmdr. Joselito Colico; Hospital Man 2 Welmenio Aquino; and Machinery Repairman 2 Sandy Miranda, all in active duty.
Cristal said the fake IG report, titled “Investigation Report on Alleged Suicide of the late Ens. Philip Pestaño PN Aboard BRP Bacolod City [LC550]” was dated December 12, 1996.
It was allegedly signed by Col. Lazarito E. Rosos, Lt. Col. Eddie A. Ebuen, Maj. Jose Feliciano Loy Jr. (Judge Advocate General Service) and MSgt. Melnerio L. Bangayan, all of the Air Force; Lt. Col. Alfredo P. Amparo of the Army; Cmdr. Ernesto M. de Lumban of the Navy and Lt. Marifem V. Ubongen-Isaac (Judge Advocate General Service).
Cristal said the group’s 15-page report was used by Morales as her “new evidence” against the accused.
“Yes, that supposed IG report made by that committee became the basis in the issuance of the joint order of the Ombudsman dated November 22, 2012, charging our clients with murder and finding them guilty of grave misconduct,” the lawyer said.
“On November 11, 2013, we wrote the Armed Forces chief of staff to inquire on the veracity of the Inspector General’s report. On January 10, 2014, we were surprised to receive a reply from the Office of The Inspector General informing us ‘that the said IG report does not exist,’” she added.
The reply letter signed by the Office of the Inspector General chief, Rear Adm. Zyril Carlos, states: “ …regarding your inquiry on the authenticity of an Office of the Inspector General Investigation Report dated 12 December 1996 and a summary disposition form dated 31 March 1997 wherein said documents were allegedly the result of the investigation conducted by Ad Hoc Committee directed to probe circumstances surrounding the death of Ens. Philip Andrew Pestaño PN aboard BRP Bacolod City [LC550] on September 27, 1995.
“I regret to inform you that the requested documents do not exist in the archives of this office. Furthermore, lateral coordination was also made with the Office of the Judge Advocate General that affirmed the nonexistence of such documents in that office,” Carlos said.
With this revelation, Cristal wrote a letter dated January 16 to the Armed Forces chief of staff, Gen. Emmanuel Bautista, to hold the committee members “for Conduct Unbecoming an Officer and a Gentleman, Conduct Prejudicial to Good Order and Military Discipline, and Conduct Bringing Discredit Upon the Military Service.”
“We were stupefied how the Office of the Ombudsman got hold of a copy of the said nonexisting report without the Inspector General himself or the chief of staff, Armed Forces endorsing it. This of course is highly irregular,” she said.
“The respondents have willfully and deliberately acted in conspiracy with one another to cover up the real cause of the death of Pestaño at the expense of the officers and men of BRP Bacolod City, who are now being indicted for murder and ordered to be dismissed-discharged from the military service by the Ombudsman. Moreover, the said report has jeopardized the lives and career of our clients and their families,” she added.
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