Revival of Pestano case made possible by Gutierrez ouster from Ombudsman – Roque


Philip PestanoThe re-opening of the Pestaño murder case  by the Ombudsman could not have happened had Merceditas Gutierrez remained at its helm, according to a lawyer for the parents of the slain Navy officer.
“We have information that Merceditas Gutierrez already had a prepared draft  dismissing with finality the complaint filed by our clients against the suspects thus denying  the  motion for reconsideration we filed on their behalf ,” said lawyer Harry Roque. “It’s a good thing Gutierrez resigned from office after she was impeached.”
Roque added: “When former justice Conchita Carpio-Morales took over at the Ombudsman, she immediately made a review of all the big cases Gutierrez had placed on the back burner. This case shows that sometimes it only takes the appointment of the right person  to the right position to turn things around.”
He challenged the Philippine Navy to take the opportunity to correct the egregious harm it has perpetuated for many years against the family of the slain Navy officer by cooperating with prosecutors in bringing its officers charged by Ombudsman Conchita Carpio-Morales before the Sandiganbayan for murder to the bars of justice.
The  Pestanos have accused the Philippine Navy of white-washing the case and making it appear that their beloved son committed a suicide just before his blood-soaked body was found in his stateroom at the cargo ship BRP Bacolod City on September 27, 1995. A suicide letter was also found near the body of Phillip Andrew Pestaño, then a Navy Ensign.
His family however rejected the suicide theory, pointing to many forensic evidence that told a different story. The Navy Ensign’s father Pepe also revealed that earlier, his son had confided to him about the illegal activities that has been happening on his ship and his plan to blew the whistle on his superiors responsible for these.
He praised the slain Navy officer’s family for having kept their faith through the long years of struggle for justice.
Roque noted that the Philippine Senate opened an investigation on the case after an investigate report  written by two reporters – Romel Bagares and Jerry Botial – was published by the Philippine Star. The report  revealed that the BRP Bacolod City was being used by Navy superiors for illegal logging and drug trafficking. The Senate would later on issue a joint committee report that blasted the suicide theory to smithereens.
“One of the two reporters , Romel Bagares, later on became a lawyer. In fact, he works as a senior  associate in my office and it was he who was approached by the Pestaños to help in the case  before the Ombudsman.”
Charged for murder were;
·         Navy Capt. Ricardo Ordoñez
·         Commander Reynaldo Lopez
·         Commander Alfrederick Alba
·         Lt. Commander Luidegar Casis
·         Lt. Commander Joselito Colico
·         Lt. Commander Ruben Roque
·         Machinery Repairman 2nd Class Sandy Miranda
·         Hospital Corpsman 2nd Class Welmenio Aquino
·         Petty Officer 1st Class Carlito Amoroso
·         and Petty Officer 2nd Class Mil Leonor Y. Igacasan.
·
Roque said some of the accused in the 16-year old murder case  are still in active service.
He said: “We have information that Commander Reynaldo Lopez  is now serving as Executive Officer of the Philippine Navy’s newest fighting ship, a decommissioned US Coastguard cutter renamed  BRP Gregorio Del Pilar.
Ordonez has since retired from the Navy; Alba and Casis are still on active duty but we do not know where they are currently assigned.  Ruben Roque has left the Navy – we suspect, at the behest of its top-brass – and is now living somewhere in the United States.  Colico has gone AWOL and hasn’t been heard from.  Amoroso, whom the family suspected to be the triggerman in the case, has also allegedly died  a few years ago under suspicious circumstances. As for the others we have no information about them.”
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Published in: on January 12, 2012 at 6:04 am  Comments (9)  
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9 CommentsLeave a comment

  1. Salamat at sa wakas ay nasampahan na ng kaso ang dapat masampahan noon pa. Pero umpisa pa lang ito. Malayo pa ang tatahakin ng kaso. Just keep faith and, hopefully, justice will soon be served. Sana maparangalan si Philip Andrew Pestano as he is a deserving HERO who died for what is true and right!

  2. Yes, the pestaño case is one of the saddest chapter of injustice in our justice system. Finally, at last the family shall be given justice. Thanks for people like you Mr. Roque who fights for justice and for the oppressed. As they say before that fight the City Hall. But with well meaning people like fighting for what seems like lost causes already in the hands of like Guitierrez, justice will still prevail. Eh nasibak din sila. We hope to see Corona, Del castillo, and other corrupt justices get the axe as well. Good luck.

  3. atty harry I think it is Raul Gonzales of the DOJ and the ombudsman before Guitierrez who refused to take action against the navy at that time. That’s the trouble in our country the negligence of former officials are not punished. Look at Raul Gonzales he is now happily retired enjoying the fruits of his shenanigans and so with Merceditas. Their lump sums are in millions while their monthly pensions are in 6 figures. Who says that evil deeds does not pay.

  4. “Truth shall prevail”.

    It is good Harry Roque wrote a piece on the Pestano case to shed light on the subject which in all signs has been hyped by media, first and foremost.

    It is clear that there is a claim of Navy vessels being used for illegal logging and drug trafficking by superior Navy officers. This must first be proved since if true, it just might be the tip of the iceberg, meaning this must have been going on for many years than only when an Ensign Pestano came aboard.

    What does the Senate investigation come up with when it investigated the case? Is it true it debunked the suicide theory and that the death has been the handiwork of officers of the Navy who are officers of the AFP officer corps? In short, ganun ba sila sa Navy pwedeng magpatayan dahil lang sa illegal logging and drug trafficking.

    If even as remotely true, there must be records in the Naval Intelligence Service Force or from the Intelligence Service Armed Forces of the Philippines that in the Navy there is a rampant case of these kinds of illegal activities.

    There were names claimed to have been conspired or are responsible for the death of Ensign Pestano but that should not be the end of story. At bottom, there must be a validated special report on the existence of illegal logging and drug trafficking in the Navy, reputed to be branch of military service with better minds and more ethical people. PNP is of course the worst that ever happened to Philippine society.

    The Fourth Media is a powerful ‘branch of government’ that can have tremendous influence on how the public view events. It is hoped nothing has been merely constructed out of mere suspicion not built on truth. Suicide has of course been a favorite theme in media and media for the most part carry the topic to where it wants to go.

    What are good starting points in a re-deliberation of the case? Let us start off with what are on record. Let us dig from the intelligence service empirical data attesting to the fact that indeed there was illegal logging and drug trafficking over a certain ‘period in history’ and on whether there is at least one raw intelligence report citing BRP Bacolod City as being used for such. Just a starting point.

    Ask any navy officer on whether or not, one officer can kill or order the killing of another? Ganun ba sila sa Navy? Maybe not.

  5. “Truth shall prevail”.

    It is good Harry Roque wrote a piece on the Pestano case to shed light on the subject which in all signs has been hyped by media, first and foremost.

    It is clear that there is a claim of Navy vessels being used for illegal logging and drug trafficking by superior Navy officers. This must first be proved since if true, it just might be the tip of the iceberg, meaning this must have been going on for many years than only when an Ensign Pestano came aboard.

    What does the Senate investigation come up with when it investigated the case? Is it true it debunked the suicide theory and that the death has been the handiwork of officers of the Navy who are officers of the AFP officer corps? In short, ganun ba sila sa Navy pwedeng magpatayan dahil lang sa illegal logging and drug trafficking.

    If even as remotely true, there must be records in the Naval Intelligence Service Force or from the Intelligence Service Armed Forces of the Philippines that in the Navy there is a rampant case of these kinds of illegal activities.

    There were names claimed to have been conspired or are responsible for the death of Ensign Pestano but that should not be the end of story. At bottom, there must be a validated special report on the existence of illegal logging and drug trafficking in the Navy, reputed to be branch of military service with better minds and more ethical people. PNP is of course the worst that ever happened to Philippine society.

    The Fourth Media is a powerful ‘branch of government’ that can have tremendous influence on how the public view events. It is hoped nothing has been merely constructed out of mere suspicion not build on truth. Suicide has of course been a favorite theme in media and media for the most part carry the topic to where it wants to go.

    What are good starting points in a re-deliberation of the case? Let us start off with what are on record. Let us dig from the intelligence service empirical data attesting to the fact that indeed there was illegal logging and drug trafficking over a certain ‘period in history’ and on whether there is at least one raw intelligence report citing BRP Bacolod City as being used for such. Just a starting point.

    Ask any navy officer on whether or not, one officer can kill or order the killing of another? Ganun ba sila sa Navy? Maybe not.

  6. Your Honor, I am an Australian author and researcher resident in the Philippines and I have been following with interest the Phillip Pestaño case. I mention the case in my latest book ‘Death and Afterlife The Philippine Experience’ which is available via Amazon and Lulu publishers. I would be most grateful if you could advise me as to how I may contact the Pestaño family as I wish to communicate with them regarding the case to write further about it when the legal trial begins. Any information that you would be able to provide would be most gratefully received. Yours sincerely, Duncan Alexander McKenzie R.N.

    • please email me: haryroque2003@yahoo.com

      • Good day, Your Honor. I have tried emailing you at the address given but the email bounces back as as delivery failure. I would be most grateful if you would be able to provide an alternative email address. Thank-you. Yours sincerely, Duncan Alexander McKenzie R.N.

      • send me your email


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