CA affirms murder raps vs 10 Navy officers in Pestaño slay

MANILA, Philippines - Ten Navy officers implicated in the murder of Ensign Philip Andrew Pestaño in September 1995 must stand trial before a Manila regional trial court.

In a resolution released yesterday, the Court of Appeals (CA) denied the motion for reconsideration of the 10 and upheld its ruling last June 17 for the proceedings at the Manila court to continue.

“The arguments advanced by the petitioners are the very the same arguments in their petition for certiorari, all of which had been duly considered and resolved by the court. It would be an exercise in futility to be repeating our discussion thereof,” read the decision. 

The CA affirmed the order of Manila RTC Branch 55 last February for the 10 to be detained in the Manila City Jail.  

The CA found no merit in the allegations of the 10 Navy officers that Judge Josefina Siscar 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 against them and ordered their transfer to the city jail.

The allegations of bias and prejudice against Siscar have become academic as she had inhibited herself from the case, the CA added.

The case has been raffled to Judge Jansen Rodriguez of Manila Regional Trial Court Branch 6, CA said. 

The CA said Siscar was just exercising her duty under Republic Act 7055 when she ordered the transfer of the 10 to the city jail from military detention.

RA 7055 transferred to civilian courts the jurisdiction over certain offenses committed by members of the Armed Forces to strengthen civilian supremacy over the military.

The CA also cited Section 1 of Administrative Order No. 40 requiring the discharge from the military or police service of personnel facing criminal cases.

Associate Justice Ramon Bato Jr. wrote the decision. Associate Justices Rodil Zalameda and Maria Elisa Sempio Diy concurred.

Last May, the CA former ninth division affirmed with finality the 2011 order of the Office of the Ombudsman dismissing the 10 Navy officers from the service.

They are Navy Capt. Ricardo Ordoñez, Commanders Reynaldo Lopez and Alfrederick Alba, Lieutenant Commanders Luidegar Casis, Joselito Colico and 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 Pestaño was found dead inside his cabin before Bacolod City reached Navy headquarters in Manila from Tawi-Tawi on Sept. 20, 1995.

He was lying on the bed with a single gunshot wound on his right temple.

A purported suicide note to his family was found beside his body.