Lawyer of Navy men in Pestaño murder case threatens impeach raps vs ombudsman
MANILA, Philippines—The lawyer of Philippine Navy officers accused of murdering Ensign Philip Pestaño in 1995 threatened on Wednesday to file an impeachment complaint against Ombudsman Conchita Carpio-Morales over her decision to revive the case.
Ombudsman Conchita Carpio-Morales. INQUIRER FILE PHOTO
Ana Luz Cristal said Morales, a retired Supreme Court justice, had shown “gross ignorance of the law” when she reversed a 2009 ruling by her predecessor dismissing the complaint against 10 Navy officers allegedly involved in Pestaño’s death.
“There are so many lapses and errors. This is not just error but gross ignorance of the law. There was no murder. It was a clear case of suicide,” Cristal said.
In a briefing at Camp Crame, Cristal questioned the decision of the Office of the Ombudsman to forward the murder complaint to the Sandiganbayan even though it lacked jurisdiction.
“If the Sandiganbayan has no jurisdiction over the respondents, then the Ombudsman has no authority,” Cristal told reporters.
She said retired Captain Ricardo Ordoñez was only a lieutenant commander at the time of Pestaño’s death on Sept. 27, 1995 when his body was discovered aboard the Navy vessel BRP Bacolod City with a gunshot wound in the head.
Under Republic Act 8249, or the Sandiganbayan Law, the anti-graft court only has jurisdiction over officers with rank naval captain and above with salary grade 27 and up.
Cristal pointed out that the prosecution even erred when it put Ordoñez’ rank as naval captain “with salary grade 26” in the complaint.
Ordoñez, who retired in 2005, and another accused, retired Chief Petty Officer Carlito Amoroso, appeared in the press briefing to maintain their innocence.
“I was a lieutenant commander at the time of the incident. I’m puzzled why I need to prove I was a lieutenant commander at the time,” said Ordoñez.
“I have been a lay minister since 1997. I could never kill anyone…. They say Philip cannot do such a thing as killing himself. Why, does Philip have the monopoly of idealism, integrity, honor?” he said.
Amoroso, the alleged gunman who was initially reported to have died, denied he was responsible for Pestaño’s death.
“They said I was the killer, and that I was dead. I’m here very much alive. All those involved in the Pestaño case are saying the truth and not lying,” he said.
Earlier investigations ruled Pestaño’s death was a suicide, but his parents refused to believe this and filed a complaint for murder against several Navy officers.
Last month, the Office of the Ombudsman filed murder charges at the Sandiganbayan against Ordoñez; Amoroso, Cmdr. Reynaldo Lopez, Hospital Man 2 Welmenio Aquino, Lt. Cmdr. Luidegar Casis, Lt. Cmdr. Alfrederick Alba, Machinery Repairman 2 Sandy Miranda, Lt. Cmdr. Joselito Colico, Lt. Cmdr. Ruben Roque, and PO2 Mil Leonor Igcasan.
The officers contested their indictment and insisted that Pestaño took his own life. They also said that based on the rank of the officers when the offense was committed, their case should be handled by a regional trial court or a military tribunal.
