CA upholds arrest order vs Navy men charged in Pestaño murder
Navy Ensign Philip Pestaño. INQUIRER FILE PHOTO
The Court of Appeals (CA) on Friday upheld the order of arrest issued by the Manila Regional Trial Court (RTC) against eight of the 10 Philippine Navy personnel charged with the 1995 murder of Ensign Philip Pestaño.
In a seven-page decision written by Associate Justice Nina Antonio-Valenzuela, the appeals court’s Special Sixth Division said there was no grave abuse of discretion on the part of Manila RTC Judge Josefina Siscar when she found probable cause to order their arrest.
“In this case, the public respondent judge issued the warrants of arrest against the petitioners after finding that probable cause existed by personally examining the records of the case,” the CA explained.
The appeals court said Siscar has complied with the law as the judge’s order noted that it has evaluated not only the charge sheet or information but the other related documents as well.
“There was sufficient compliance with the law because as indicated in the first assailed order, the public respondent judge cited that she perused the records of the case including, but not limited to the Information, Joint Order, memorandum and the notice of resolution of the Sandiganbayan,” the appeals court said.
The appellate court also dismissed the the claim of the accused that there was no probable cause for the issuance of a warrant of arrest against them because the evidence of the case shows that the petitioners were not guilty of murder.
The CA pointed out that at the stage of determining probable cause for the issuance of a warrant of arrest, a judge is not yet tasked to review in detail the evidence submitted during the preliminary investigation.
“The court merely determines the probability, not the certainty, of the guilt of the accused. He simply personally reviews the prosecution’s initial determination finding probable cause, to see if it is supported by substantial evidence,” the decision read.
Among the Navy personnel issued with arrest warrants were Retired Navy Capt. Ricardo Ordoñez, Cmdr. Reynaldo Lopez, Lt. Cmdr. Luidegar Casis, Lt. Cmdr. Alfrederick Alba, Lt. Cmdr. Joselito Colico, Hospital Man 2 Welmenio Aquino, Machinery Repairman 1st class Sandy Miranda, Retired PO1 Carlito Amorsolo, PO2 Leonor Igcasan and retired Lt. Cmdr. Ruben Roque.
READ: 8 slay suspects in Pestaño case arraigned 19 years later
Roque and Amoroso were not among those who filed the appeal before the CA.
Records of the case showed that BRP Bacolod City, a Philippine Navy cargo ship, left Tawi-Tawi on Sept. 20, 1995.
After seven days, the ship made a last stopover in Sangley Point and departed the same day for its final destination, the Navy headquarters in Manila.
Before the ship reached Manila, Pestaño was found dead inside his cabin, lying on the bed with a single gunshot wound in his right temple with a purported suicide note to his family.
Based on the investigation by the Senate and the Armed Forces of the Philippines, it was ruled out that Pestaño committed suicide.
READ: ‘Pestaño case not suicide but murder’
It was also discovered that Pestaño had knowledge of illegal activities in BRP Bacolod City which posed as a possible motive behind his death. RAM/rga
