THE Court of Appeals (CA) has denied the plea of eight of the 10 Navy personnel to nullify the arrest warrants issued against them by the Regional Trial Court (RTC) in Manila City in connection with the 1995 killing of Ens. Philip Pestaño.
In a two-page resolution written by Associate Justice Nina Antonio-Valenzuela, the appellate court’s Former Special Sixth Division held that the petitioners failed to present new arguments that would warrant the reversal of its decision issued on April 29.
“The Court denies the petitioners’ motion for reconsideration absent valid legal basis to modify, reverse, and set aside the decision,” the CA said.
The appellate court did not give merit to the claim of the petitioners that Judge Josefina Siscar of the RTC in Manila committed grave abuse of discretion in directing the issuance of a warrant of arrest against them on July 23, 2013.
The petitioners argued that Siscar did not base her finding on the evidence submitted at the preliminary investigation but on the resolution of the investigating officer and on the memorandum of the office that conducted the preliminary investigation.
“As we stated in the decision of April 29, 2016, the respondent judge based her finding of probable cause and issued the corresponding warrant of arrest after personally examining the records of the case,” the CA said.
“At the stage in the proceedings before the RTC, the respondent judge’s duty was to determine mere probability [and not certainty] of the guilt of the petitioners,” it added.
In its April 29, 2016, decision, the CA did not give credence to the claim of the accused that there was no probable cause for the issuance of a warrant of arrest against them, because the evidence of the case shows that the petitioners were not guilty of murder.
The CA pointed out that at the stage of determining probable cause for the issuance of a warrant of arrest, a judge is not yet tasked to review in detail the evidence submitted during the preliminary investigation.
Among the Navy personnel issued with arrest warrants were retired Navy Capt. Ricardo Ordoñez, Cdr. Reynaldo Lopez, LCdr. Luidegar Casis, LCdr. Alfrederick Alba, LCdr. Joselito Colico, Hospital Man 2 Welmenio Aquino, Machinery Repairman 1st Class Sandy Miranda and Petty Officer 2nd Class Mil Leonor Igcasan.
Retired Petty Officer 1 Carlito Amoroso and retired LCdr. Ruben Roque, who were among the accused in the murder of Pestaño, were not among those who filed the appeal before the CA.
The CA had earlier affirmed its decision allowing the RTC in Manila to proceed with the trial of the murder case field against the Navy officers.
It also directed the transfer of the accused Navy officers from the military custody to the Manila City Jail.
The CA pointed out that the transfer the accused to the Manila City Jail is in compliance with Republic Act 7055, a law that strengthens civilian supremacy over the military by transferring to the civil courts the jurisdiction over certain offenses committed by members of the Armed Forces.
Records of the case showed that BRP Bacolod City, a Navy cargo ship, left Tawi-Tawi on September 20, 1995.
After seven days, the ship made a last stopover in Sangley Point and departed the same day for its final destination, the Navy headquarters in Manila.
Before the ship reached Manila, Pestaño was found dead in his cabin. He was lying on the bed with a single gunshot wound in his right temple and a purported suicide note to his family was found near his body.
Separate investigations conducted by the Senate and the Armed Forces ruled out that Pestaño committed suicide afrer it was discovered that Pestaño had knowledge of alleged illegal activities in BRP Bacolod City which may have prompted his killing.