Pestaño slay CA upholds arrest order vs Navy officers

MANILA, Philippines - The Court of Appeals (CA) has denied the appeal of eight of 10 Philippine Navy officers to nullify the arrest order issued against them by the Manila Regional Trial Court (RTC) in connection with the 1995 murder of Ensign Philip Pestaño.

In a two-page resolution released recently, the appellate court’s former Special Sixth Division said the petitioners were not able to present new arguments to reverse its April 29 decision upholding the arrest order.

The resolution was penned by Associate Justice Niña Antonio-Valenzuela.

The CA said Manila RTC Judge Josefina Siscar did not commit grave abuse of discretion when she issued the warrants for the arrest of the Navy personnel on July 23, 2013.

The Navy personnel who were issued 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, and Petty Officer 2nd Class Mil Leonor Igcasan.

They argued that the lower court did not base its decision on the evidence submitted during the preliminary investigation but on the resolution of the investigating officer and on the memorandum of the office that conducted the probe.

Two other accused, retired Petty Officer 1 Carlito Amoroso and retired Lt. Cmdr. Ruben Roque, did not appeal the CA ruling.

The appellate court did not give credence to the claim of the accused that there was no probable cause for the issuance of a warrant for their arrest.

It earlier affirmed its decision allowing the Manila RTC to proceed with the trial of the murder case against the Navy officers.

The CA also ordered the transfer of the accused from the military custody to the Manila City jail.

Records showed that BRP Bacolod City, a Navy cargo ship, left Tawi-Tawi on Sept. 20, 1995. 

After seven days, the ship made a stopover in Sangley Point and departed on the same day for its final destination, the Navy headquarters in Manila.

Before the ship reached Manila, Pestaño was found dead in his cabin, with a single gunshot to his head and a purported suicide note for his family.

But an investigation conducted by the Senate and Armed Forces of the Philippines ruled out the possibility that Pestaño committed suicide.