Navy to dismiss 2 enlisted men in Pestaño case

MANILA, Philippines - The Navy will dismiss the two enlisted personnel that were implicated in the alleged murder of Ensign Philip Pestaño in 1995 and the four officers that were also involved in the case would be recommended for dismissal.

Navy spokesman Lt. Col. Omar Tonsay said Navy chief Vice Adm. Alexander Pama would issue a dismissal order against enlisted personnel Machinery Repairman 2nd Class Sandy Miranda and Hospitalman 2nd Class Welmenio Aquino.

“He (Pama) will issue a dismissal order without prejudice to their enlistment if they get cleared,” Tonsay told radio dzRH yesterday.

Miranda is assigned at the Navy headquarters support service while Aquino is working for the Navy’s medical dispensary.

Pama will also recommend to the Armed Forces General Headquarters the dismissal of four officers who were implicated in the murder case.

The officers were identified as Commander Reynaldo Lopez, executive officer of the newly acquired ship BRP Gregorio del Pilar; Lt. Commander Luidegar Casis, commanding officer of Navy logistic ship BRP Tausug; Lt. Commander Alfrederick Alba, executive officer of BRP Dionisio Ojeda; and Lt. Commander Joselito Colico, logistics officer of the Naval Forces Eastern Mindanao.

“The FOIC (flag-officer-in-command) will come up with a recommendation to dismiss the four (officers) based on the order of the Ombudsman to be submitted to the higher headquarters,” Tonsay said.

The Navy will recommend the dismissal to the Armed Forces leadership, which will turn over the papers to the defense secretary. The Department of National Defense would then forward the dismissal papers to President Aquino.

The President, as the commander-in-chief of the military and the appointing authority, has the power to dismiss officers from the service.

The six Navy men indicted in the Pestaño murder case were ordered to stay at Navy headquarters in Roxas Boulevard, Manila.

All of them have been relieved from their respective assignments.

“They should make themselves available for legal and administrative proceedings,” Tonsay said.

In a separate interview with radio dzMM, Tonsay could not say whether the Navy investigators who concluded that Pestaño committed suicide would be subjected to a probe.

The Ombudsman declared this week that Pestaño was murdered and did not commit suicide, reversing a 2009 resolution which dismissed the criminal and administrative raps filed against 10 Navy personnel.

Pestaño’s parents Felipe and Evelyn filed the charges after they were not convinced by the police findings that their son committed suicide.

Ombudsman Conchita Carpio-Morales found probable cause to indict the 10 Navy men for murder. She also found the respondents administratively liable for grave misconduct and ordered them dismissed from the service.

Four of the ten respondents have bowed out of the service, namely retired Navy Capt. Ricardo Ordoñez, retired Lt. Commander Ruben Roque, Petty Officer 1st Class Cartlito Amoroso and retired Petty Officer 2nd Class Mil Igcasan Leonor.

The Ombudsman found “a prima facie case of conspiracy to commit murder” against the respondents “after taking a hard look at the case” and the additional evidence unearthed in the military’s investigation.

In 1995, Pestaño, then deck officer and cargo officer of BRP Bacolod City, was found dead in his cabin with a pistol and a letter saying that he killed himself.

Pestaño’s death came after he reportedly discovered that the cargo loaded in the ship were illegally cut logs and about 50 sacks of shabu passed off as flour.

He reportedly refused to approve the cargo despite the orders of his superiors.