THE Court of Appeals (CA) has affirmed a lower court ruling against eight of the 10 Philippine Navy personnel charged with the murder of Navy Ensign Philip Pestaño 21 years ago.
In a two-page resolution of the CA's Special 6th division authored by Associate Justice Nina Antonio-Valenzuela, it junked the motion for reconsideration filed by accused-appellants, namely: Retired Navy Captain Ricardo Ordoñez, Commander Reynaldo Lopez, Lieutenant Commander Luidegar Casis, Lieutenant Commander Alfrederick Alba, Lieutenant Commander Joselito Colico, Hospital Man 2 Welmeno Aquino, Machinery Repairman 1st class Sandy Miranda, and retired PO1 Carlito Amorsolo.
The CA dismissed the motion of the eight to reverse the earlier ruling of Manila Regional Trial Court that charged them with murder, along with two others, PO2 Leonor Igcasan and Lieutenant Commander Ruben Roque for "lack of merit."
"The Court Denies the petitioners motion for reconsideration absent valid legal basis to Modify, Reverse, and Set Aside, the Decision promulgated on 29 April 2016," the decision reads.
Igcasan and Roque however were not included on the list of petitioners who appealed to the CA to reverse the lower court's decision.
The CA ruled that there was no grave abuse of discretion on the part of Manila RTC Judge Josefina Siscar when she ruled that there was probable cause to indict the 10 individuals and order their arrest in July 2013.
On September 27, 1995, Pestaño was found dead inside his cabin aboard the Philippine Navy cargo ship BRP Bacolod with a bullet wound in his head.
The Navy claimed that Pestaño committed suicide. A suicide note was also found on his body, but his parents refused to believe their claim and eventually filed charges against the said navy officials.
On January 2012, the Office of the Ombudsman ruled that Pestaño was murdered as it has found that the wound obtained by the cargo deck officer did not appear to be self-inflicted.
Ombudsman Conchita Carpio-Morales said it appeared that the navy officials fear that Pestaño would expose the illegal activity aboard the navy ship.
She said that the Senate and Armed Forces received reports about a shipment of undocumented lumber aboard the ship in exchange for drums of fuel oil.
Pestaño was said to have objected the illegal activity, but it had prevailed upon the orders of his superior officers. (Sunnex)
