In all the stories emanating from the recent decision of the Office of the Ombudsman to revisit and reopen the case of Navy Ensign Philip Pestaño, insufficient mention has been made of the role played by Philip’s parents, Felipe and Evelyn, not only in keeping alive officials’ interest in the case, but also in securing justice for their son.
As Saturday’s editorial in this paper noted, “16 years and four months” have passed since the death of Philip, initially ruled a suicide by his superiors in the Philippine Navy, but which from Day One the older Pestaños had denied, citing credible and reasonable factors.
And yet, despite the many questions and findings that other agencies and the Pestaño family brought to light, casting doubt on the finding of suicide, the Office of the Ombudsman essentially sat on the case. Eventually, then Ombudsman Merceditas Gutierrez dismissed the case filed against 10 Navy officers, saying it was based merely on “circumstantial evidence.”
Still, despite the evidence of an active conspiracy to conceal the killing of Pestaño, and the indifference of many, the Pestaños continued to seek vindication for Philip. This is not the first time that the family of a victim—or accused—would fight a perceived injustice. Nor will it be the last. But the example set by the Pestaños gives hope to all those fighting on, despite the lack of support and even hostility of the agencies tasked to bring the perpetrators to justice.
The experience of the Pestaños (no guarantees that their fight is over) is a glaring example of what I’ve come to call “do-it-yourself justice” in this country. Although the law-enforcement agencies and the justice system (including the Ombudsman) are tasked primarily to go after criminals and mete out punishment, ensuring that these are done depends a lot on the commitment, gumption and resources of the family left behind.
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Even during the investigation period, the family is often approached by police and detectives who ask for transportation or gasoline money to chase after suspects, or who dangle tantalizing “leads” and then ask for an allowance so they could pursue these leads.
Even if charges are filed, constant follow-up must be made to ensure the process proceeds apace. If the family leaves it up to the police, the case is bound to languish in the files, or else get lost in the shuffle. Sometimes, the family engages the services of a lawyer and even a PR person to keep the case in the limelight and to create the necessary “political will” to keep authorities interested.
It goes without saying, of course, that if the family doesn’t have the resources, or if family members eventually run out of gas (emotional stamina, determination, maybe even interest), then the case of their loved one will either go south or languish indefinitely in the “unsolved” files. This is another way of saying that for the poor, justice is too often elusive, and for reasons not of their own making. In a country of “do-it-yourself” justice, where the bodies we count on to enforce the law and bring the guilty to justice cannot or will not do their jobs, then it’s up to folks like the older Pestaños to keep knocking on doors and storming Heaven with prayers and petitions.
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