Spouses Pestao v. Ordoez et. al.

Joint Resolution, Office of the Ombudsman

June 15, 2009

FACTS:

Navy Ensign Philip Pestao was found dead in his cabin aboard the BRP Bacolod
City on Sept. 27, 1995 before the ship docked at the Philippine Navy headquarters
in Manila. He was found with bullet wounds in his head.
The ships commander, Captain Ordoez, later told Philips family that he
committed suicide.
The family was unconvinced and suspected that their son, who had earlier confided
to them his knowledge of illicit activities onboard the ship concerning the shipment
of illegal lumber and drugs, was liquidated.
Believing their son was murdered, the spouses Pestao filed a complaint against
Philippine Navy officers including Captain Ordoez before the Office of the
Ombudsman.
In their complaint, the Pestaos point to the following allegations to support their
accusation:
a. The incontrovertible pieces of physical evidence point to the murder of Ensign
Pestao, and not to suicide
- Dr. Lebaquins autopsy report submitted before the PNP-CIDG suggests that
the deceased was not shot at close range
- Paraffin tests revealed that the deceaseds hands were negative for powder
burns
- The gun used belonged to one of the accused, which was unusual since the
deceased had his own issued firearm which was of the same caliber
- The suicide note contained his forged signature and used unusual endearing
terms to his loved ones
- The deceaseds cabin was ransacked and his safety deposit box, which
contained his service firearm and diary, was emptied
b. Irreconcilable conflicts in the respondents testimonies point to a conspiracy
concerning the death of Pestao.

c. The motive for the killing was to cover-up the illicit activities in the ship, which
Pestao had knowledge of.
d. The delayed arrival of the ship in Manila from Sangley Point during the incident
The respondents maintained that the allegations are mere insinuations and the
apparent contradiction in their statements may even be considered as badge of
truthfulness. The respondents also pointed out that the autopsy findings of the
Western Police District, the NBI, and the PNP, all support their claim that Pestao
killed himself.
ISSUE:
WON the respondents may be held liable for the death of Pestao
RULING:
No.
The evidence presented was not conclusive enough to identify who was responsible
for Pestaos death.
Positive identification can be had through an eyewitness who saw the crime
perpetrated, or through an eyewitness who may identify the persons that were last
seen with the victim before and after the commission of the crime.
Unfortunately for the complainants, the records are bereft of any circumstantial
evidence that can be used to positively identify Phillips assailant.
The autopsy report may point to the fact that there was no suicide but it is not
enough to show that the respondents conspired and facilitated the killing of Phillip.
The circumstantial evidence offered by the complainants did not constitute an
unbroken chain that would lead to a reasonable conclusion that the respondents
were the ones who were responsible for Phillips death.
DISPOSITION:
It is respectfully recommended that the criminal charge against the respondents be
dismissed.