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MANILA, Philippines—The Sandiganbayan on Tuesday dismissed the murder case filed against members of the Philippine Navy for the death of Ensign Philip Pestano.
In a 13-page decision, the Anti-Graft Court’s third division dismissed the murder case against Naval Captain Ricardo Ordonez, Commander Reynaldo Lopez, Lieutenant Commanders Luidegar Aquino, Alfrederick Casis, Joselito Colico and Ruben Roque, HM2 Welmenio Aquino, MR2 Sandy Miranda, Petty Officer 1st class Carlito Amoroso and Petty Officer 2nd class Mil Leonor Igcasan.
The anti-graft court, in dismissing the case, cited lack of jurisdiction.
It explained that at the time of the commission of the crime, none of the accused held the rank of Captain of the Philippine Navy. The court said it should be filed with the Regional Trial Court.
It pointed that Ordonez, when the crime was committed, was only Lieutenant Commander which is two ranks lower than Captain.
Pestano was killed in 1995. His death was declared suicide by the Navy.
In January this year, Ombudsman Conchita Carpio-Morales ruled out suicide and found enough evidence for conspiracy to murder after taking a second look on the additional evidence unearthed in the Armed Forces of the Philippines investigation.