CA reaffirms Ombudsman ruling on dismissal of 10 Navy men linked to Pestaño’s death

The Court of Appeals. FILE PHOTO

MANILA, Philippines—The Court of Appeals stood pat in its decision affirming the Ombudsman’s order dismissing the 10 Navy officers and enlisted personnel linked to the death Navy Ensign Philip Andrew Pestaño in 1995.

In a resolution, the appeals court’s former 9^th division, the appeals court dismissed the appeal by the Navy officers for lack of merit.

“After carefully considering the grounds raised in the subject motion, we find that the reasons and the arguments in support thereof have been amply treated, discussed and passed upon in the subject decision,” the appeals court said.

“The additional arguments proffered therein constitute no cogent or compelling reason to modify, much less reverse it,” it added.

The Ombudsman found guilty of grave misconduct were Navy Captain Ricardo Ordoñez, Commander Reynaldo Lopez, Commander Alfrederick Alba, Lieutenant Commander Luidegar Casis, Lieutenant Commander Joselito Colico, Lieutenant Commander Ruben Roque, Machinery Repairman 2nd Class Sandy Miranda, Hospital Corpsman 2nd Class Welmenio Aquino, Petty Officer 1st Class Carlito Amoroso and Petty Officer 2nd Class Mil Leonor Igacasan.

They were dismissed from the service and charged with murder before the Sandiganbayan in January 2012.

The Sandiganbayan eventually junked the murder cases in October 2012, saying it had no jurisdiction as none of the accused held the rank of captain or higher when the alleged crime took place.

Pestaño was found dead inside his cabin in the Navy logistics ship BRP Bacolod City on September 27, 1995. The military concluded that his death was a suicide, showing a note that was found near his body.

But his family did not believe that Pestaño killed himself but was killed because he tried to blow the whistle on the anomalies taking place in a navy vessel drug trafficking and illegal logging.

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