At long last

“Pa, please save my name. Don’t let my death be in vain.” For years, Ensign Philip Andrew Pestano has appeared in the dreams of his father and several members of his family, with the same message. After 16 years, the grindingly slow wheels of justice have finally caught up. Ten Navy officers have been charged with the September 27, 1995 murder of the young, idealistic officer aboard BRP Bacolod City. 

The case began during Aniano Desierto’s term, languishing until Ombudsman Conchita Carpio-Morales overturned a resolution issued by her predecessor last June 15, 2009 where Merceditas Gutierrez dismissed the criminal and administrative charges filed by Philip’s parents. Last week, Morales granted the appeal to reconsider its decision, reversing the suicide verdict and ordering perpetrators dismissed and charged with murder.

Of the ten, the Navy confirmed that six are still under their jurisdiction: Commander Reynaldo Lopez, Lt. Commanders Luidegar Casis, Alfrederick Alba and Joselito Colico, Hospital Man 2 Welmenio Aquino, and Machinery Repairman 2 Sandy Miranda. Four have retired: Capt. Ricardo Ordoñez, Lt. Cdr. Ruben Roque, Petty Officer 1st Class Carlito Amoroso, and Petty Officer 2nd Class Mil Leonor Igcasan.

Felipe and Evelyn, parents of Philip have always maintained that he was murdered because of his attempt to expose illegal activities on the vessel, including the alleged transport of P1B worth of shabu. Mang Pepe revealed that his son confided in him and planned to blow the whistle on his erring superiors. The Navy claimed it was a suicide, a theory rejected by the family, pointing to forensic evidence “that told a different story.”

Morales’ decision confirmed the many discrepancies and irregularities. She said, “His own wounds did not appear self-inflicted.” Pestaño had two contusions on the right temple and a cut in the left ear, caused by a hard, blunt object. The bullet’s entry wound was oval in shape and did not bear any tattooing, smudging or burn mark from a close-contact fire. “It is farfetched for a person who commits suicide to shoot himself in the head at a distance,” she noted. Furthermore, the handwriting on the suicide note was different from that of Philip’s as cited by forensic experts.

The conflicting observations on the trajectory of the bullet also discredited the suicide theory. While the autopsy report showed a downward trajectory, the PNP Crime Laboratory said a bullet hurtling upward caused the bullet mark on the cabin wall. Only a blood smear not blood spatters, bone fragments or human tissue was found on the cabin wall despite its close proximity to the exit point.

A forensic expert said that the splotches of blood on the pillow parallel to Pestaño’s head and pools of blood on the bed could not have crawled up. Aquino’s testimony that Pestaño borrowed his gun to kill himself was found incredible. Pestaño had his own gun; hence it was “irrational” for someone who wanted to die by his own hands to borrow a gun.

The testimonies were conflicting. At first, Colico told NBI that Roque ordered him to check on Pestaño. Later he told police officers that he took it upon himself to look in on his colleague. He also gave different times as to when he discovered the body. Colico said that when he cleaned the gun and removed the bullets, he was with Casis and Aquino. But Alba said he, Miranda and Aquino were the ones present. Roque claimed to have been at the scene, but was contradicted by Casis. Ordoñez failed to disclose the presence of Amoroso on the ship. Later he said Amoroso disembarked at Sangley Point in Cavite and never returned. But Amoroso’s cabin mates said he was on board the ship on its trip to Roxas Boulevard where the Navy headquarters is located.

The Ombudsman also considered new evidence from an Armed Forces investigation made available to the parents 10 years later.

It showed the ship’s “unusual dogleg route”. The 45-minute trip took two hours on the day of Pestaño’s death. The unexplained delay presumes that respondents needed time to create the suicide scenario.

Pages were ripped off from the gangway logbook, which would have shown the names of the crew members aboard. There was no passenger manifest that could have determined who should undergo a paraffin test to see if any had fired a gun. These indicate an attempt to conceal important information, Morales said.

What has happened to the ten accused since the dastardly act was perpetuated and then seemingly whitewashed by the Navy? The lawyers of the Pestanos report that Commander Reynaldo Lopez is now serving as executive officer of the Philippine Navy’s newest fighting ship, a decommissioned US Coast Guard cutter renamed BRP Gregorio Del Pilar. They confirm that Captain Ordoñez has since retired. He has since become a very religious man, joining the BCPC (Brotherhood of Christian businessmen and Professionals). A white paper issued around March 2011 protesting his innocence and character has been circulating, along with other affidavits attempting to debunk the criminal allegations. He should grab this opportunity to profess the truth.

Commander Alfrederick Alba and Lt. Commander Luidegar Casis are still on active duty. But it seems that Lt. Commander Joselito Colico, had mysteriously gone “AWOL” and hasn’t been heard from since. Petty Officer 1st Class Carlito Amoroso, whom the family suspected to be the triggerman in the case, has also allegedly died a few years ago under suspicious circumstances. At some point the Pestaños tried to get Amoroso’s records from the Navy but they found out that these had been erased.

Extradition is being sought for one of the accused, Navy Lt. Commander Ruben Roque, who reportedly fled to the US and applied for American citizenship. They have also asked for hold departure orders against those who are still in the country.

This is a sad but uplifting story. For one, it confirms that there is no dearth of heroes. Philip’s short life attests to the courage of conviction that is still in our midst despite the culture of impunity. And after years of despair, there is finally an Ombudsman who wields justice without trepidation. If the Navy of today is a reformed one, this is an opportunity for redemption. They must atone for what was done to the Pestano family — including burning down their ship repair business. They must flush out the criminal and the corrupt elements from their ranks.

Mang Pepe texted a simple message. “Philip loved his country that he could not allow corruption. With the filing of charges is the clearing of his name. He did not commit suicide. They not only killed my son, they tried to cover it up by the propaganda of suicide. Philip fought for truth and the greater good…let us all be guided by these principles.”

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