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MANILA, Philippines – The Sandiganbayan has dismissed for lack of jurisdiction murder charges filed by the Ombudsman against at least 10 former and incumbent Navy officers over the death of Navy Ensign Philip Pestaño.
Sandiganbayan sources disclosed that the 13-page resolution dismissing the case was penned by Associate Justice Alex Quiroz. Presiding Justice Fransciso Villaruz Jr and Associate Justice Samuel Martires concurred.
“The case against the accused is dismissed without prejudice to the filing of the case in the proper court,” the ruling said.
On Jan 11, 2012, the Ombudsman filed before the Sandiganbayan murder charges against the following: Navy Capt. Ricardo M. Ordoñez; Commanders Reynaldo P. Lopez and Alfrederick A. Alba; Lt. Commanders Luidegar C. Casis, Joselito L. Colico and Ruben B. Roque; Machinery Repairman 2nd Class Sandy P. Miranda; Hospital Corpsman 2nd Class Welmenio U. Aquino; Petty Officer 1st Class Carlito B. Amoroso; Petty Officer 2nd Class Mil Leonor Y. Igacasan and a “John Doe”.
Ordoñez retired in 2005, while the rest are said to be still in active service.
The court ruled that none of the defendants held the rank of Navy captain (equivalent to a colonel in the Army) at the time of the alleged commission of the crime. The Sandiganbayan hears cases of public officials and military officers with the rank of colonel and higher.
Ordoñez, the highest ranked Navy officer of the accused, was only a Lt Commander when Pestaño died in 1995, the court noted.
The Sandiganbayan Charter says that it “shall exercise exclusive original jurisdiction in all cases involving….Army and Air Force colonels and Naval captains and all officers of higher rank.”
The Navy had declared that Pestaño committed suicide. His parents believe otherwise, however, thus the case that they pursued at the Office of the Ombudsman. They pointed out Pestaño’s attempts to blow the whistle on colleagues over alleged smuggling, and that he could have been murdered inside the Navy ship that he was part of.
On Jan 10, 2012, Ombudsman Conchita Carpio Morales approved a recommendation to indict the Navy officers, reversing an earlier ruling by Deputy Ombudsman Orlando Casimiro that upheld the suicide theory submitted by the defendants. – Rappler.com
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