Navy men seek dismissal of Pestaño murder case

MANILA, Philippines - Citing lack of jurisdiction, 10 Navy officers accused in the killing of Ensign Phillip Andrew Pestaño have asked the Sandiganbayan to dismiss the murder case filed against them.

The accused – Capt. Ricardo Ordones, CDR Reynaldo Lopez, HM2 Welmenio Aquino, CDR Luidegar Casis, LCDR Alfrederick Alba, MR2 Sandy Miranda, LCDR Joselito Colico, LCDR Ruben B. Roque, Petty Officer 1st Class Carlito Amoroso, and Petty Officer 2nd Class Mil Leonor Igcasan – filed a motion to quash the information by the Office of the Ombudsman accusing them of the murder of Pestaño 16 years ago.

Their lawyers argued that Republic Act

8240 creating the Sandiganbayan clearly defines the jurisdiction of the anti-graft court but this does not include murder.

Their lawyers cited the case of Ordoñez who retired from military service on Dec. 26, 2005. He was a Lt. Commander at the time of the commission of the murder, hence, not falling within the rank requirement.

They pointed out the rank is lower than “Naval captain or all officer of higher rank,” as prescribed under Section 4, (Paragraph D) of RA 8249.

“At the time of the filing of the information (Jan. 12, 2012), accused Ordoñez is no longer in the active military service, hence, the Sandiganbayan has no jurisdiction over his person, (neither) at the time of the filing of the information.”

The motion also noted that the court lacked jurisdiction because of the nature of the offense. “(Murder) is not among the corrupt practices or acts of public officials as enumerated and punishable under Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act.”

The lawyers also pointed out the Ombudsman had no authority to conduct investigation or file the information against the accused, since this “should be filed by the Prosecutor.”

They said the information filed by the Ombudsman was defective and invalid.

“The allegation in the information that Ensign Phillip Andrew Pestaño sustained two large gunshot wounds in the head is certainly misleading. There is only one gunshot wound self inflicted by the deceased. The bullet entered the right temple and exited in the left side of the head. The exit wound is not considered another gunshot wound. This statement in the information is misleading and deliberately deceiving,” their lawyers said.

At the same time, they asked the Sandiganbayan to defer the issuance of the warrant of arrest against the accused Navy officers pending resolution of the motion to quash.