DOJ asked to reinvestigate Pestaño murder

MANILA, Philippines – Justice Secretary Leila de Lima was asked yesterday to order a preliminary investigation on the murder case filed against two Navy officials and a police officer for the 1995 death of Ensign Philip Pestaño aboard a Navy ship.

Harry Roque Jr., counsel of Pestaño’s parents Felipe and Evelyn, told De Lima the murder complaint they have filed against Navy officers Capt. Ricardo Ordoñez, LCDR Reynaldo Lopez, HM2 Welmenio Aquino, LCDR Luidegar Casis, Lt. Alfrederick Alba, Lt. Joselito Colico, Lt. Ruben Roque, and Police Officer 1 Carlito Amoroso before the Office of the Ombudsman was dismissed last month.

“Fifteen years have passed but the family of the victim has not yet obtained justice,” he said.

Roque told De Lima the anti-graft agency’s decision seems inconsistent with the findings of the Senate and the United Nations Human Rights Committee that Pestaño was killed.

“We can’t allow the killing of Ensign Pestaño to be ignored just like that,” he said.

“We are hopeful that justice will be served in this administration of President Aquino and the leadership in the DOJ of Secretary De Lima.”

Since the Office of the Ombudsman has already completed its probe, the DOJ may now step into the case, Roque said.

De Lima said she would review the letter of Roque seeking reinvestigation of the Pestaño case.

A government agency is only prohibited from starting a parallel probe if the case is already filed in court, she added.

Last month, the Office of the Ombudsman dropped the charges due to the absence of evidence despite an exhaustive and thorough investigation.

In a resolution signed by Overall Deputy Ombudsman Orlando Casimiro, investigators said no evidence was presented to show that the respondents planned to kill Phillip or their overt acts or inaction facilitated the alleged plan to kill Phillip.

“The evidence failed to constitute an unbroken chain which leads to a fair and reasonable conclusion that the crime has been committed and that the respondents are probably guilty thereof,” read the resolution.