Pestaño case may be transferred to lower court

MANILA, Philippines - Because of jurisdiction issues, the Office of the Ombudsman may withdraw and transfer to a lower court the murder case lodged against retired and active Philippine Navy officers accused of involvement in the 1995 killing of Ensign Philip Andrew Pestaño.

In an omnibus motion filed with the Sandiganbayan third division, prosecutors of the anti-graft agency manifested their willingness to withdraw the complaint filed last month.

“The prosecution is amenable to the withdrawal of the information should there be an official document to show that the position of accused does not fall within the jurisdiction of the Sandiganbayan,” the prosecution’s 19-page pleading filed Tuesday read.

The possible withdrawal of the complaint against 10 retired and active Philippine Navy officers stems from the issue that they were not holding ranking positions or were holding high positions when the alleged murder happened more than 16 years ago.

The prosecution’s motion was signed by assistant special prosecutors Lalaine Benitez and Harry Caldino and noted by deputy special prosecutor Jesus Micael.

Ana Luz Cristal and Donnabel Cristal Tenorio, representing the defense, earlier argued that under the Sandiganbayan Law, the anti-graft court has exclusive original jurisdiction when “at the time of the commission of the offense,” the public official bore the rank of colonel in the Army or the Air Force; naval captains and all officers of higher ranks.

Charged were Navy Capt. Ricardo Ordoñez; Cmdrs. Reynaldo Lopez and Alfrederick Alba; Lt. Cmdrs. Luidegar Casis, Joselito Colico and Ruben Roque; 2nd Class Sandy Miranda; 2nd Class Welmenio Aquino; Petty Officer 1st Class Carlito Amoroso; Petty Officer 2nd Class Mil Leonor Igacasan and a “John Doe.”

Those who are still in active military service were identified as Lopez and Casis, from Philippine Military Academy (PMA) Class ‘92; Alba and Colico of PMA Class ‘94; and Aquino and Miranda.