Ombudsman affirms dismissal of respondents in Pestaño case
25 October 2012
Ombudsman Conchita Carpio Morales denied the Motion for Reconsideration filed by the respondents and affirmed the Joint Order of November 22, 2011 that ordered them dismissed from service for grave misconduct arising from the complaint filed by spouses Felipe and Evelyn Pestaño for the alleged murder of their son, Ensign Philip Andrew Pestaño.
In the Order approved on October 16, 2012, the Office maintained that its order of dismissal of the respondents is a valid exercise of its disciplinary power as provided by the Constitution and Republic Act No. 6770.
On the procedural question of whether a complainant in an administrative case before the Office of the Ombudsman has the right to file a Motion for Reconsideration to the Decision dismissing the administrative charge against a respondent, the Order states that Section 8, Rule III of Administrative Order No. 7 makes no distinction as to the party who may resort to the remedy of filing a Motion for Reconsideration.
The Ombudsman ruled out the suicide theory after finding a prima facie case of conspiracy to commit murder given the series of circumstances – the unusual actions and reactions of respondents on the alleged discovery of Philip’s death, the inconsistencies in their testimonies, the physical and object evidence, and the additional evidence unearthed in the AFP investigation which were made available to the complainants ten years after Philip’s death.
The respondent naval officials are Naval Captain Ricardo Ordoñez, Cdr. Reynaldo Lopez, HM2 Welmenio Aquino, LCdr. Luidegar Casis, LCdr. Alfrederick Alba, MR2 Sandy Miranda, LCdr. Joselito Colico, LCdr. Ruben Roque, Petty Officer 1st Class Carlito Amoroso, and Petty Officer 2nd Class Mil Leonor Igcasan.
The October 16, 2012 Order was forwarded to the Secretary of National Defense and the Flag-Officer-in-Command, Philippine Navy, for implementation.
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