CA orders Manila court to proceed with Pestaño murder case

MANILA, Philippines - The Court of Appeals (CA) has ordered a Manila trial court to proceed with the murder case against 10 Navy officers tagged in the death of Ensign Philip Andrew Pestaño in September 1995.

In a six-page resolution, the 17th division of the appellate court also affirmed the order issued by the Manila regional trial court (RTC) Branch 55 last February for the transfer of the accused from military custody to the Manila city jail.

The appellate court denied the petition filed by the accused seeking the reversal of the Manila RTC’s order and the issuance of a temporary restraining order (TRO) on their transfer to the city jail.

The CA said it found no merit to the claim of the navy officers that Judge Josefina Siscar of Branch 55 committed grave abuse of discretion and violated their constitutional right to due process and liberty when she denied their motion to quash the murder information filed against them by the Office of the Ombudsman and directed their transfer to the city jail.

The CA noted that the charge of bias and prejudice against Siscar is moot and academic as the latter had inhibited herself from handling the case.

It said the case was raffled to Branch 6 of the Manila RTC, presided by Judge Jansen Rodriguez.

The appellate court also defended the order of the RTC to transfer the accused to the Manila city jail, saying that Siscar was just exercising her duty under Republic Act No. 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.

The CA also cited Section 1 of Administrative Order No. 40, which provides that discharge from the military or police service of personnel facing criminal cases should be released from custody “simultaneously and contemporaneously with the referral of his case and the delivery of his person before the proper civil judicial authorities for appropriate action.”

The same provision, the CA pointed out, also requires a commitment order from the court allowing the accused military personnel to be placed in military or police custody while undergoing trial.

“In this case, the Armed Forces of the Philippines (AFP) failed to obtain a commitment order to place the petitioners in military custody. Thus, there was no reason for the public respondent not to order the transfer of the petitioners to the Manila city jail. In fact, to refuse to do so would be dereliction of duty on the part of the magistrate,” said the ruling penned by Associate Justice Ramon Bato Jr.

“From the discussion on the propriety and merits of the petition for certiorari, it is clear that the petitioners do not have the right that must be protected. The assailed omnibus order was undoubtedly issued in consonance with the law and pertinent rules and regulations,” it added.

Associate Justices Rodil Zalameda and Maria Elisa Sempio Diy concurred in this ruling.

Last May, the CA’s former ninth division affirmed with finality the 2011 order of the Office of the Ombudsman dismissing from the service 10 Navy officers charged in Pestaño’s death.

The 10 dismissed officers 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.

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

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

Based on the investigation conducted by the Senate and the AFP, it was ruled out that Pestaño committed suicide.

It was also discovered that Pestaño had knowledge of illegal activities in BRP Bacolod City, which posed as a possible motive behind his death. Investigations revealed that the ship carried undocumented lumber from then Tawi-Tawi Gov. Gerry Matba, which was intended for then Vice Admiral Pio Carranza, in exchange for the governor’s request for drums of fuel oil.

Prior to his death, Pestaño reportedly confronted Ordoñez, his immediate superior about the shipment.