A Manila court has cleared 10 Philippine Navy (PN) personnel of murder charges over the death of Navy Ensign Philip Pestaño in 1995.
In an order dated Nov. 27 and made public on Monday (Dec. 7), Judge Hannah Arriola of the Manila Regional Trial Court (RTC) Branch 46 dismissed the charges against Lt. Cmdr. Luidegar Casis, Ensigns Alfrederic Alba and Ricardo Ordonez, Seaman 1st Class Welmenio Aquino, Ensign Joselito T. Calico, Petty Officer 1st Class Carlito B. Amoroso, Lt. Junior Grade Reynaldo Lopez, Cmdr. Ruben Roque, Petty Officer 2nd Class Mil Leonor, and Petty Officer 2nd Class Sandy Miranda.
“Endless possibilities on what may have happened onboard Philippine Navy ship BRP Bacolod on that fateful day (which) sanction reasonable doubt on accused’s guilt,” Arriola cited.
“It is elementary that when the court finds the evidence insufficient to support a verdict of guilt, the court shall grant the demurrer and the criminal case be dismissed,” the court said.
Pestaño, 24 was found dead in his bed in the Navy supply ship with a gunshot wound on his right temple on Sept. 27, 1995.
At the time, the ship was on its way to the Navy Headquarters in Roxas Boulevard in Manila from Sangley Point, Cavite.
Despite independent investigations and testimonies by forensics experts that the death was a suicide, the family insisted that he was killed for allegedly discovering firearms and logs on the ship.
It later turned out that the firearms belong to the Philippine Army while the logs were given as a gift by then Tawi-Tawi governor Rashibin Matba to the Navy. (PNA)