SC overturns decisions on Navy ensign’s death

MANILA, Philippines — The Supreme Court (SC) has overturned decisions of the Office of the Ombudsman and the Court of Appeals (CA) dismissing from the service eight Navy officers linked to the death of Ensign Philip Andrew Pestaño in 1995.

In a 14-page notice issued on July 12, the SC’s First Division granted the petition filed by retired Navy captain Ricardo Ordoñez, CDR Reynaldo Lopez, HM2 Welmenio Aquino, LCDR Luidegar Casis, LCDR Alfrederick Alba, MR2 Sandy Miranda, LCDR Joselito Colico, and retired Petty Officer 2nd Class Mil Leonor Igcasan questioning their dismissal.

In an administrative case before the Office of the Ombudsman, the Navy officers were found guilty of grave misconduct and ordered dismissed.

Overall Deputy Ombudsman Orlando Casimiro issued a joint resolution dated June 15, 2009 dismissing the criminal and administrative charges against the petitioners citing insufficient evidence.

However, when a motion for reconsideration was filed, then Ombudsman Conchita Carpio Morales reversed and set aside the joint resolution.

The CA affirmed and upheld the Ombudsman’s interpretation of Sec. 7 of AO No. 07 that the term “absolved” as used in the provision, connotes not just any form of dismissal, but one consistent with the findings that respondents were innocent of the charges.

The CA had said that the “June 15, 2009 joint resolution of the ombudsman only dismissed the complaint based on the insufficiency of evidence to establish that murder had been committed.

It did not make any pronouncement that petitioners were innocent of the charges or that they acted in accordance with law. Thus, it is not tantamount to an absolution of the charges that would render the dismissal final, executory and unappealable.”

But the SC found merit in the petition filed by the Navy officers, saying that both the CA and the Ombudsman erred in the interpretation of Sec. 7 of AO 07.