This was one time when I remarked,”Multuhin ka sana.”
Even if one wants to give Ombudsman Merceditas Gutierrez the benefit of the doubt, it’s really difficult not to join the call for her ouster with the recent decision of her office to dismiss the murder charges filed by the family of Ensign Phillip Pestaño against Philippine Navy officials.
It didn’t even take into consideration the findings of the United Nations Commission on Human Rights released six days before it finalized its own that said, “It now appears undisputed that the death of the author’s son was a violent one, resulting from homicide.”
Homicide is murder. It’s not suicide as Navy officials claim.
The Ombudsman’s ruling reflects indifference and incompetence. Trabahong tamad. It said that there was no evidence who had killed Pestaño, or if a crime had been committed at all.
They were not sure that a crime had been committed?
This is the story of Phillip as narrated by Fr. James Reuter, S.J:
“ Phillip Andrew A. Pestaño graduated from the Ateneo de Manila High School in 1989, entered the Philippine Military Academy, and became an Ensign in the Philippine Navy in 1993. He was assigned as cargo master, on a Navy ship.
“He discovered that the cargo being loaded onto his vessel included logs that were cut down illegally, were carried to the ship illegally, and were destined to be sold, illegally. Then there were 50 sacks of flour, which were not flour, but shabu – worth billions. Literally, billions. And there were military weapons which were destined for sale to the Abu Sayyaf.
“ He felt that he could not approve this cargo.
“ Superior officers came to him and said: ‘Please! Be reasonable! This is big business. It involves many important people. Approve this cargo.’ But Phillip could not, in conscience, sign approval.
“Then his parents received two phone calls, saying: ‘Get your son off that ship! He is going to be killed!’ When Phillip was given leave at home, his family begged him not to go back. Their efforts at persuasion continued until his last night at home, when Phillip was already in bed.
“ His father came to him and said: ‘Please, son, resign your commission. Give up your military career. Don’t go back. We want you alive. If you go back to that ship, it will be the end of you!’ But Phillip said to his father: ‘Kawawa ang bayan!’ And he went back to the ship.
“The scheduled trip was very brief – from Cavite to Roxas Boulevard – it usually took only 45 minutes. But on September 27, 1995, it took one hour and a half. When the ship arrived at Roxas Boulevard, Ensign Pestaño was dead.
“The body was in his stateroom, with a pistol, and a letter saying that he was committing suicide. The family realized at once that the letter was forged. They tried desperately for justice, carrying the case right up to the Senate.
“The Senatorial Investigation Committee examined all the evidence, carefully. Then they issued an official statement, saying among other things: Ensign Phillip Pestaño did not commit suicide. He was murdered. He was shot through the head, somewhere outside of his stateroom, and the body was carried to his room and placed in the bed. The crime was committed by more than one person. In spite of these findings, by the Senate, the family could not get justice. The case is still recorded, by the Navy, as suicide.”
The Ombudsman, which acquired jurisdiction over the Pestaño case since 1998, has been handling it like a hot potato, either dismissing it “because the difficulty in determining the perpetrators was due mainly to the tampering of evidence” or just sitting on it.
The UNCHR took note of this and said “The State party must accordingly be held to be in breach of its obligation… to properly investigate the death of the authors’ son, prosecute the perpetrators, and ensure proper redress.”
It further said, “The Philippine Government, being a State Party to the International Covenant on Civil and Political Rights (ICCPR), has the positive duty to protect the rights enshrined in this covenant, and if violated, should have an effective, enforceable and available remedy.”
Last month, Phillip’s parents, Felipe and Evelyn Pestaño, joined former Akbayan Rep. Riza Hontiveros and Brig. Gen. Danilo Lim, in filing an impeachment complaint against Gutierrez at the House of Representatives.
Gutierrez denies that the dismissal of the Pestaño case has anything to do with the impeachment case against her.
Multuhin ka sana.
Ellen:
Tell the family to file the complaint with the DOJ.
Murder is never “in relation” to official functions. So the proper investigatory body is the DOJ, not the Ombudsman. The dismissal by the Ombudsgirl is of no consequence, because double jeopardy only sets in when the case is before the court.
This was already explained as far back as 1994, in the following case:
http://www.lawphil.net/judjuris/juri1994/feb1994/gr_111616_1994.html
Note, Ping Lacson and Colonels Aquino and Mancao were charged before the RTC, not the Sandiganbayan.
sax, talaga… bakit kaya hindi sinabi yan ng abagado sa family ng victim? Ibig sabihin ba, hindi kailangan ng abogado kapag sa Ombudsman nag file ng complaint?
perl:
Generally, in criminal complaints, hindi kailangan ng abogado. Kailangan lang mag-file ng complaint. The prosecutor, whether DOJ or the Ombudsgirl will be the lawyer of the complainant.
In criminal law cases, the complainant really is the state, kaya ang title ay People of the Philippines, versus XYZ. The aggrieved/injured party, whether robbery or rape victim, is called the complaining witness. He/she is witness to events that produce the criminal offense being prosecuted in behalf of the People.
JUSTICE for Philip Pestaño! Ang mga kriminal ay layang-laya pa. At sino-sino ang mga matataas na tao at military officers na involved dito? If the military wants to clean their ranks, they should look into this and find the culprits whoever they are.
if the individual(s)who could had done it to Philip Pestano are really that Big, then the Ombudsman and her people are perhaps “scared” that they too will meet the same fate or on the other hand, these big individuals other than carrying big sticks also carry big wallets and both are very effective.
just a correction in a general sense: homicide does not necessarily equal murder. it may or may not be murder.
homicide means that death was not naturally caused nor was it suicide. to be properly called murder premeditation must be present.
Mafia style killing. Big time syndicates may have infiltrated the AFP’s Navy. A Philippine Navy ship involved in alleged illegal cargoes (shabu+ illegal logs) should be investigated. Panahon pa ni Pres. Fidel Ramos nangyari ang krimen.
isa na namang injustice ni ohbadgirl gutierrez ito, someone should file another impeachment case against her, si Pestano ang biktima, ngayon si gutierrez naman ang bumibiktima kay Pestano at kanyang pamilya
Maldita talaga itong si Guittierez..hayop at halimaw pa! walang kaluluwa!
Inupuan muna ni Maldita ang kaso. Ngayong tatanggalin na siya, biglang umusad yung mga kasong inupuan niya, mali pa ang verdict sa isang kasong ito. Dapat lang talagang multuhin itong malditang ito. Manang mana sa kanyang mga amo (yung evil bitch at ang kanyang piggies). No compassion talaga si Maldita. Yung suggestion si SNV eh dapat gawin kaagad ng kamaganakan ni Phillip.
Whoever murdered him may have even gone all the way to the top of the AFP. Nakakatakot! If they could get rid of Phillip, they could get rid of anybody who crosses they way. Sino sino ba ang mga officers niya noon? Check their lifestyles now. Kung naka mansion sila, they should be investigated. They may have been involved in all the illegal activities then at alam ni Phillip yung buong operations nila so they had to get rid of him.
Rose said,” maldita talaga itong si Guttierez..hayop at halimaw pa ! walang kaluluwa !”..kitang-kita naman sa kanyang pag-mumukha, at bikas ng “ngiti”, may-naka-tagong di maintindihan ( balat-bunga-maka-pili )sulyap ng kanyang dalawang mata. Kaya nga kinuha siyang Ombudsman ( ng mga Arroyo ), dahil tamang-tama sa kanya ang pwesto, ” MA-AASAHAN ika nga ng kanyang TROPA”..Kaya hanggan sa ngayon, ina-asahan pa siya ng kanyang ” mafia ” group. Impeachment nga lang ang dapat sa kanya, at matibay na ” kaso “, at “Truth Commission ” kung di
din maging maka-pili si mr. divided loyalty…iyan kung si
mr.davide ay kung magiging “pro-P-Noy “..
Mercilessmalditas GuTTierez kapal mukha mo
Folks,
‘wag rin nating kalimutan na kalampagin ang nagpakabulok na Sandatahang Lakas ng Pilipinas dahil kung hindi sa kanilang mga illegal doings ay hindi mangyayari ang pag-paslang kay Phillip Pestano. Sadyang bilang na lamang ang mga tulad ni Pestano sa Sandatahan. Sila na itinalaga upang maging tagapagligtas ng bayan ay siya pang ulupong ng lipunan. O, bayan ko, gumising ka!
PS to M. Gutierrez – Naturingang Merceditas ang pangalan mo pero tila wala ka talagang awa. Araw-gabi ka nga sanang MULTUHIN. At ‘wag kang kukurap!
PS to PN Officials involved – Multuhin din sana kayong mga ulupong ng bayan!
si Pestano ay isa ring biktima ng Korupsyon
what the family need is a good detective to build up a case and find out what really happened.
Tama na yang kakamura kay Ombudsgirl. Just go to the DOJ.
Now with regard to evidence, was an autopsy done? If not, is the family willing to have the body exhumed? A good forensic analyst will still be able to make findings based on the skull, and the entry point of the bullet. Some weird angle will belie a self-inflicted fatal wound.
The suicide letter, was it preserved? It can be subjected to analysis, with the Ensign’s old letters. I’m sure his wife/girlfriend has some.
The pistol, where is it? The slug, was it recovered?
Time to move, now that the men heading the military are decent men.
Illegal logs, 50 sacks of shabu, and AFP materiel to be sold to the Abu Sayyaf.
Tapos kung sinu-sinong inililistang “Enemies of the State”. Malinaw naman kung sino ang kalaban ng bansa.
Ilang tao ang namamatay sa landslides gawa ng ilegal na pagputol ng punongkahoy?
Ilang pamilya ang sinira ang buhay ng 50 sako ng shabu?
Ilang sibilyang hostage at sundalo ang pinatay ng Abu Sayyaf gamit ang armas na binili sa AFP mismo?
Sayang ang ibinuwis na buhay ng isang bayaning gaya ni Philip Pestaño, nauwi lang sa pambababoy ni Guttierez.
“Igawa” na rin ng suicide note yan.
Sorry. Hindi ko binasa yung link.
So who was the Vice-Admiral in 1995?
The UN report stated the following:
The Ombudsman (at that time) admits that the physical evidence was tampered with. So may krimen nga. Of course, investigating crimes are a waste of time. You have to make it worth the Ombudsman’s while, like Nani Perez.
inupuan ni Mercedita ang case na ito…kahit mabigat niya hindi ba ito puedeng usisain uli? can this case be reopened? sino ba ang nagtamper sa physical evidence? hindi ba sa Navy ship nangyari ang crimen na ito? lapse of time? sa katagalan ng pagupo ni Mercedita ay maglalapse of time nga! what is there to do now to give justice to the family? sana may magagawa pa…
Additional info on Phillip Pestaño:
Phillip was 24 years old at the time of his death on Sept. 27, 1995.He was scheduled to be married in January of 1996.
Named respondents in the case filed with the Ombudsman were:
1. LCDR.RICARDO ORDONEZ Y. MARTINEZ, P.N.-Commanding Officer-BRP Bacolod City
2. LT. RUBEN B. ROQUE Y. BOLASOC, P.N., EX-O
3. LT.J6 REYNALDO P. LOPEZ P.N., Engineering Officer
4. LT.J6 LUIDEGAR CASIS Y.CRUZ, P.N.-Damage Central Officer
5. SIHM WILMENIO AQUINO Y.ULZAM, P.N.- Hospital Corp Man
6. PO1 CARLITO AMORO Y.BAGALACSA-Not organic member of the ship
This guy Ordonez said in his affidavit that Pestaño was into drugs.
hindi ba taga BAcolod din si Pestano..if I remember right he was from the Visayas…
inupuan ni Mercedita ang case na ito…kahit mabigat niya hindi ba ito puedeng usisain uli? can this case be reopened? sino ba ang nagtamper sa physical evidence?—>rose
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Mareng Rose, nakalimutan mo na ba na “take-2 (o, take-3 pa yata)” sa Bar Exam si Aling Merceditas ? You are asking too much from a super-BOBO. Kapag ang kaso ng isang tao eh lumagpas na sa kasong “jay-walking”, hindi na kaya ito ng utak niya (kung meron man). Kagaya ni Gloria at Piggy Arroyo), pare-pareho silang nagsipag-aral sa ATENEO DE MAHINA. Dumb schmucks !!!
jawo: sorry hindi ko alam na mahal na mahal pala niya ang kumuha ng bar exams..kaya lagi siyang balik ng balik..no wonder wala siyang alam….siya ba ang “tagay” friend ni putot..pero sa kakaulit niyang mag review at kumuha ng bar exams hindi pa niya maintindihan ang batas? how boba can one get? boba na loca pa! baka hindi siya nag aral sa Ateneo de Manila sa Padre Faura at doon siya sa mga bar sa Harrison…no wonder gets ko na kung bakit siya ganyan a hopeless case indeed…
SnV:
The Flag Officer in Command of the Navy at that time was VAdm Pio Carranza.
Kasuhan ng obstruction of justice yang ex Vice-Admin na yan.
Doon din sa DOJ ang punta, not the Ombudsgirl. It is not “in relation” to duties ang attempt to dissuade somebody from pursuing a criminal investigation.
Same thing for the Navy Flag Officer, who tried to persuade the father of the Ensign to sign an affidavit of desistance.
Hindi kaya ng Truth Commission yan, dahil ang subpoena powers nila only has coercive effect on current gov employees. If you don’t show up, may administrative case ka. These are retired people already, kaya mas maigi ang DOJ. Besides, the NBI is under the DOJ, so Sec. De Lima can direct the NBI to reopen the case.
Once in a while nakakapanood ako ng series na Cold Case. At nag-pa-pantasya ako na may batang idealistic na detective sa NBI na makakalutas ng kasong ito.
Huwag lang masuhulan o maligpit.
Mrs. Pestaño said a friend of hers who is a member of a religious group (I’m not sure if it was Couples for Christ or a Born Again Christians group)said Commodore Nicasio Blancas (ret)cried in one prayer session saying “I could have prevented the death of Ensign Pestaño.”
Thirty-one years after his death, this general’s rank was restored.
http://news.yahoo.com/s/ap/us_us_vietnam_general
Now about the soldiers whose services were terminated by Esperon, kailangan pa bang maghintay hanggang sila’y mamatay?
I know the President has a lot on his plate. Pero pipirma lang naman siya. I’m sure the Chief of Staff or even the DND Secretary can make a recommendation.
From abs-cbn online
In a separate interview with ANC, Evelyn Pestaño said the Truth Commission is now the best venue for the resolution of the case.
She is also hoping that those linked to the murder of her son will be guided by their conscience.
She revealed that retired Rear Admiral Tirso Danga had approached her during a hearing for his appointment as head of the National Printing Office.
“We blocked his promotion…On the 3rd hearing, he approached me na paiyak-iyak. Sumusunod lang daw siya sa utos,” Evelyn alleged.
Danga was implicated in the alleged cover-up of the murder case. He was the intelligence commander during that time.
She also said friends from the Couples for Christ confided in her that one of its members, Commodore Blancas, is being troubled by his conscience.
“During one [of their meetings], he said he could have prevented the death,” Evelyn said.
Blancas supposedly belongs to PMA Class of 1963.
He can still prevent the miscarriage of justice.
By the way, the Ombudsman at that time was Aniano Desierto.
The DOJ Secretary was Teofisto Guingona Jr. (20 May 1995 – 3 Feb. 1998)
The NBI directors were Mariano Mison (July 4, 1995 – Feb. 3, 1996) and Santiago Toledo (Feb. 4, 1996 – May 1, 1999).
Now about the intelligence report that was supposedly leaked, padala niyo yan sa wikileaks, para mabasa ng lahat, at malinis kayo, hindi maliligpit. I’m sure puwedeng tumanggap ng anonymous physical mail si Julian Assange, so that there will be no trace as to the identity of the person sending.
Good idea, SnV.
You are a source of many good ideas.
Wikileaks says, in connection with mail:
So ilagay niyong sender, Hermogenes Esperon.
Maybe the document can even be altered so that it will have a watermark saying “From the Desk of xxx”. Bahal na kayo kung anong pangalan.
It would be the supreme practical joke if DPWH docs say “From the Desk of Fatboy Pidal, or some such.
From Cita Garcia:
It looks like Gutierrez is harboring the real culprits of the crime of dealers of shabu or prohibited drugs.
The way Gutierrez acts she is using her office to cover the tracts of the crime, that is being accesory to the crime.
A most serious crimes such as dealing selling etc., of possession of illegal crimes must be taken and investigated very seriously. why will the one who reported the crimes must die?
kung si Blancas ay totoong nagsisisi..can he come out front and tell the truth of what happened at the time? he should come forward and tell the truth of what he knows for having been there at the time the death happened…the truth will set him free sa mga kasalanan niya…at least magkaroon siya ng peace of mind..magagawa kaya niya ito? he can if he wants to…