Navy Ensign Philip Pestaño
MANILA, Philippines—After almost two decades, eight of the 10 accused in the death of Navy Ensign Philip Pestaño were finally arraigned on Thursday for the charges of murder filed against them.
Commander Reynaldo Lopez, Commander Luidegar Casis, Commander Alfrederick Alba, Lt. Commander Joselito Colico, Hospital Man First Class Welmenio Aquino, Machinery Repair First Class Sandy Miranda and two now-retired officers, Lt. Commander Ricardo Ordoñez and Petty Officer 2 Mil Leonor, all pleaded not guilty to the alleged murder of Pestaño on Sept. 27, 1995.
The eight appeared on Thursday morning before Manila Regional Trial Court Branch 6 Presiding Judge Jansen Rodriguez.
The eight accused are currently under the custody of the Bonifacio Naval Station of the Philippine Navy.
Two of the suspects, Lt. Commander Ruben Roque and Petty Officer First Class Carlito Amoroso, remain at large. Lawyers for the two told the court that Roque had been in the United States even before the case was filed in court, while Amoroso, who is still at large, signed the petition for bail.
Former Sen. Aquilino “Nene” Pimentel Jr., counsel for Pestaño’s family, said the arraignment and the trial were long overdue.
“We are a little bit mollified by what is happening, because, for 19 years, the case was not moving at all. It was only upon the arrival of the present Ombudsman, Conchita Carpio-Morales, that she took action, as the case was pending in the Ombudsman. We hope justice will finally come out,” Pimentel told the Inquirer.
The case has dragged on for so long that time had already caught up with some of the parties involved in the case. As they appeared in court on Thursday, some of the accused already had graying hair. One of the witnesses, Dionisio Sameran, told the court he was already of retirement age.
While the suspects have been arraigned, the court must first settle the petition for bail filed by nine of the 10 accused, before it can proceed to the trial of the murder case.
“We will be opposing the petition for bail because the evidence is rather strong. We have started to present our witnesses,” Pimentel said.
Pimentel noted that Sameran, the first witness that they presented, was also a Navy officer who was tasked to investigate Pestaño’s death. In two court hearings, the witness told the court that while conducting his investigation, Amoroso had threatened him by saying that he shot Pestaño and could also do it to him.
“The family is at least hopeful that now that the case has started to move forward, it will end up in affording justice to Pestaño. We want it fully understood that the family is seeking justice, not revenge. Anybody who is not guilty should be exonerated. But for heaven’s sake, those responsible should pay the price,” Pimentel said.
On Sept. 27, 1995, Pestaño, an ensign cargo officer for RPS Bacolod, was found dead inside his cabin on the BRP Bacolod City before the ship reached Manila from Sangley Point in Cavite. He was found lying on a bed with a single gunshot wound in his right temple.
Independent investigations by the Senate and the Armed Forces of the Philippines concluded that the death was a suicide. But the family believed he was killed after he uncovered allegedly smuggled logs on the ship during one of its trips.