KNOWN private forensic pathologist Raquel Fortun, who was hired by the Pestaño family to investigate and analyze findings and evidence surrounding the 1995 death Ensign Philip Andrew Pestaño, remained firm with her earlier findings that the young officer had committed suicide.
“No new significant information has come up for this present review since the 1995 report and the 1997-1998 study prepared by the undersigned. In both papers, a conclusion of suicide was arrived at based on a complete, objective and impartial analysis of all the available information of the death of Philippine Navy Ensign Philip Andrew Pestaño.
The preponderance of evidence then and now, supports suicide as the manner of death because two crucial elements are satisfied: first, the fatal injury leading to death was self-inflicted and, second, the act was intentional,” Fortun said in her six-page opinion dated January 24, 2012, a copy of which was obtained by the Business Mirror.
Although she was hired by the family for an independent probe, the result of her investigation and analysis was dismissed by the Pestaños believing that he was murdered.
Pestaño’s body, with a bullet hole in the head, was found inside his stateroom inside the BRP Bacolod City on September 27, 1995.
After more than 15 years, the Pestaño case was reopened after Ombudsman Conchita Carpio Morales reversed the January 15, 2009, decision of her predecessor, Merceditas Gutierrez, that dismissed the administrative and murder charges filed against the 10 Navy men.
In her January 10, 2012, decision, Morales believed there was conspiracy to commit murder against Capt. Ricardo Ordonez, Lt. Cmdr. Ruben Roque, Petty Officer 1st Class Carlito Amoroso and Petty Officer 2nd Class Mil Leonor Igcasan, all retired; Commander Reynaldo Lopez and Lt. Cmdr. Luidegar Casis, both of Philippine Military Academy Class of 1992; Lt. Cmdrs. Alfrederick Alba Joselito Colico, of PMA Class of 1994; Hospital Man 2 Welmenio Aquino; and Machinery Repairman 2 Sandy Miranda, all still in active service.
The Pestaño family through lawyer, Aquilino Pimentel Jr., charged the accused of muddling in the murder charge. The Ombudsman filed the case before the Sandiganbayan. The case was raffled to the Third Division.
