Appeals court upholds ruling on Pestaño case

Navy Ensign Philip Pestaño

MANILA, Philippines—The Court of Appeals has denied anew a petition that sought to stop proceedings against 10 former Philippine Navy officers tagged in the 1995 death of Ensign Philip Andrew Pestaño, upholding its earlier decision to reject the plea.

The resolution paved the way for the Manila Regional Trial Court to push through with the trial against the former sailors, who had also been dismissed from the military for their alleged involvement in the case.

In a two-page resolution, the appellate court’s Former Seventeenth Division upheld its June ruling and threw out the motion for reconsideration the accused filed in July in hopes of overturning the court’s June 17 resolution that denied their petition for certiorari.

The petition sought to stop the court proceedings, accusing the lower court of grave abuse of discretion when it denied the former officers’ petition to quash the criminal case against them.

“The arguments advanced by the petitioners are the very same arguments in their petition for certiorari, all of which had been duly, considered and resolved by the court. It would be an exercise in futility to be repeating our discussion thereof,” said the resolution, penned by Associate Justice Ramon Bato Jr.

The appellate court also noted that the petitioners failed to submit a certification of non-forum shopping as required by the court, a “fatal” omission.

“It is with greater reason that their petition for certiorari should be denied outright,” said the ruling.

Pestaño was found dead inside his cabin aboard BRP Bacolod City, a Navy logistics vessel, on Sept. 27, 1995. The military ruled his death as suicide, but his family said he was killed as he was about to expose anomalies aboard the ship.

Those charged for Pestaño’s death are retired Navy Capt. Ricardo Ordoñez, Commander Reynaldo Lopez, Commander Alfrederick Alba, Lieutenant Commanders Luidegar Casis, Joselito Colico and Ruben Roque, Machinery Repairman 2nd Class Sandy Miranda, Hospital Corpsman 2nd Class Welmenio Aquino, Petty Officer 1st Class Carlito Amoroso and retired Petty Officer 2nd Class Mil Leonor Igacasan.

In its ruling in June, the court ordered the transfer of the accused from military custody to the Manila City jail.