CA affirms dismissal of 10 Navy officers in Pestaño death

MANILA, Philippines - The order of Ombudsman Conchita Carpio-Morales dismissing from the service 10 Navy officers implicated in the death of Ensign Philip Andrew Pestaño in September 1995 has been upheld by the Court of Appeals (CA).

However, the CA did not act on Morales’ decision to indict them for murder as their motion for reconsideration is pending with the anti-graft agency.

The CA dismissed their allegations that Morales’ joint order violated Section 7, Rule III of Administrative Order No. 7, known as the Rules of Procedure of the Office of the Ombudsman.

“The Court affirms the joint order of the Office of the Ombudsman dated Nov. 22, 2011, insofar as OMB-P-A-05-1223-J (for grave misconduct) is concerned, is in order,” read the CA decision.

“As previously stated, the motion for reconsideration filed by petitioners as to the criminal aspect of the case OMB-P-C-05-1298-j) (for murder), is still pending resolution before the Office of the Ombudsman.” 

The 10 are: 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 Igacasan.

Morales  reversed a  ruling of her predecessor dismissing the criminal charge of murder and administrative complaint for grave misconduct filed against them.

On Nov. 22, 2011,  Morales ordered the filing of an information for murder against the Navy officers, held them guilty of grave misconduct, and ordered them dismissed from the service.

The Navy officers said they have been absolved in the Office of the Ombudsman’s first joint resolution, dated June 15, 2009.

Morales should not have granted the appeal of Pestaño’s parents, they added.

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 were 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 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 Jr. wrote the decision.