THE COUNTRY’S Highest Court has reversed a Court of Appeals (CA) decision dismissing 10 Philippine Navy officers who were allegedly behind the death of a fellow officer in 1995.
The CA’s decision in 2013 affirmed the order of the Office of the Ombudsman in 2011 to dismiss the navy officers from service as they were found guilty of grave misconduct for the alleged murder of navy officer Ensign Philip A. Pestaño.
In the Supreme Court’s resolution dated May 14 and published on July 12, it said the Ombudsman “failed to support its conclusion of administrative liability with sufficient factual and legal basis.”
The high court said “a finding of guilt in an administrative case may be sustained for as long as it is supported by substantial evidence that the respondent has committed the acts charged.”
In 1995, Mr. Pestaño was found dead in his cabin with a gunshot wound on his right temple and a suicide letter to his family.
However, investigations in the Senate and by the Armed Forces of the Philippines ruled out suicide.
The probes also discovered that Mr. Pestaño had knowledge of alleged corruption in BRP Bacolod City (LS-550), the lead ship of two Bacolod City class logistics support vessels, which could have been the motive behind his murder.
Mr. Pestaño’s parents then filed criminal and administrative cases against the 10 navy officers before the Ombudsman.
The Supreme Court ruled that the Ombudsman only found probable cause, which “is insufficient to hold petitioners administratively liable.” — Bianca Angelica D. Añago