EDITORIAL - Waiting for justice

Sixteen years ago, Navy Ensign Philip Andrew Pestaño was found dead with a gunshot to the head in his stateroom on the naval vessel BRP Bacolod City. The Philippine Navy called it a suicide, pointing to a pistol and note found near the body. Pestaño’s relatives called it murder, dismissing the suicide note as a forgery and saying the young naval officer had tried to stop the smuggling of shabu and illegally cut logs on the Bacolod City.

A Senate investigation concluded that Pestaño was murdered elsewhere on the ship and his body carried to his stateroom in September 1995. But the case moved slowly at the Office of the Ombudsman. Pestaño’s relatives turned to the United Nations Commission on Human Rights for help. Last year the UNCHR released its findings on the case, concluding, “It now appears undisputed that the death … was a violent one, resulting from homicide.” Days later, on May 17, 2010, Overall Deputy Ombudsman Orlando Casimiro approved a recommendation to dismiss the charges for insufficiency of evidence.

Yesterday, new Ombudsman Conchita Carpio Morales reversed the findings and ordered murder charges filed with the Sandi-ganbayan against 10 Navy officers led by Captain Ricardo Ordoñez and Cdr. Reynaldo Lopez. Morales, who found prima facie evidence of conspiracy to commit murder, said her order was based on additional evidence unearthed by the Armed Forces of the Philippines and made available to Pestaño’s relatives 10 years after his death.

From the start, Pestaño’s father Felipe had said his son had talked about the smuggling activities on board the Bacolod City. Felipe said he was advised to tell his son, who had been in the Navy for only two years, to ask for a transfer, but the ensign refused. With the latest order by the Ombudsman, Felipe Pestaño’s hopes for justice have been revived. Perhaps this time his wait will be shorter and justice will be served.