Pestaño family to seek extradition of murder suspect reportedly in the US
MANILA, Philippines—The hunt is on.
The family of Navy Ensign Phillip Andrew Pestaño will seek the extradition from the United States of one of the accused in his murder and the issuance of hold departure orders against the others who are still in the country.
Lawyer Harry Roque, the Pestaños’ counsel, said that he would seek the extradition of Navy Lt. Commander Ruben Roque, who has reportedly fled to the United States and was seeking American citizenship.
“We will go to the extent of seeking his extradition if he does not return, and ask the Department of Foreign Affairs to cancel his Philippine passport,” Roque said in an interview.
“We will also seek the HDOs against those who are still in the country. After 16 years, the wheels of justice are finally turning,” he added.
The 24-year-old Pestaño was found with bullet wounds on his head in his stateroom on the cargo ship BRP Bacolod City on September 27, 1995.
The Navy claimed it was a suicide but his family rejected this theory, pointing to many forensic evidences “that told a different story.”
The victim’s father, Pepe, also revealed that his son had confided to him about illegal activities on the ship and had planned to blow the whistle on his erring superiors.
Ombudsman Conchita Carpio-Morales on Wednesday reversed an earlier decision by her predecessor clearing 10 Navy officers accused in the case and instead had murder charges filed against them before the Sandiganbayan.
Roque hailed Morales’ decision, saying that it could not have happened had Merceditas Gutierrez remained as Ombudsman.
“We have information that Merceditas Gutierrez already had a prepared draft dismissing with finality the complaint filed by our clients against the suspects, thus, denying the motion for reconsideration we filed on their behalf,” Roque said.
“It’s a good thing Gutierrez resigned from office after she was impeached,” he added.
On March 22, 2011, the House of Representatives voted to impeach Gutierrez on charges of betraying public trust. She announced her resignation from office on April 29, 2011 before her term could end May 6, 2011.
Roque said that when Morales took over at the Ombudsman’s office, she immediately made a review of all the big cases “Gutierrez had placed on the back burner.”
“This case shows that sometimes it only takes the appointment of the right person to the right position to turn things around,” he said.
Roque noted that the case began during the term of former Ombudsman Aniano Desierto and the Pestaños even had to go to the United Nations Committee on Human Rights to seek justice.
Roque challenged the Navy to take this opportunity to “correct the egregious harm it has perpetuated for many years” against the Pestaño family by cooperating with prosecutors in bringing the accused “to the bars of justice.”
Lawyer Romel Bagares, Roque associate, said that at least three of the 10 accused were still in active service.
“We have information that Commander Reynaldo Lopez is now serving as Executive Officer of the Philippine Navy’s newest fighting ship, a decommissioned US Coast Guard cutter renamed BRP Gregorio Del Pilar,” Bagares said.
He said Navy Captain Ordoñez has since retired from the Navy while Commander Alfrederick Alba and Lt. Commander Luidegar Casis were still on active duty.
Roque said another accused–Lt. Commander Joselito Colico–had gone “AWOL and hasn’t been heard from.”
“(Petty Officer 1st Class Carlito) Amoroso, whom the family suspected to be the triggerman in the case, has also allegedly died a few years ago under suspicious circumstances,” Roque said.
Bagares added that the Pestaños once tried to get Amoroso’s records from the Navy but they found out that his “records had been erased.”
The Pestaños had accused the Philippine Navy of “white-washing the case and making it appear that their beloved son committed a suicide.”
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