Pestano Case
Pestano Case
Pestano Case
is she really serious or is this another one of her empty posturing to lull the gullible public into false hopes? Most likely the later in a justice system that is perceived to be corrupt where verdicts and decisions tilts towards the highest bidder. This is a president who catapulted into power exploiting evil errr civil society and the church's disdain for illegal numbers game of Jueteng. The outcome as soon as she sets foot in the palace by the murky Pasig River, Pampanga her hometown and turf earned the much coveted title of Jueteng capital of the Philippines. Judging from her past performance and seeing her Napoleonic complex every step of the way in her Garcified presidency what are the chances that her propensity for grander things may find the Philippines to be the center of Illegal drugs in the South East Asia region? Ok, I must admit that we are speculating and it is unfair to pre-judge La Napoleona de Gloria this early. In order to be credible should this eager beaver Czarina and her equally sound byte attention grabber running dogs errr underlings dispense justice to the victims of drug lords such as what happened to Ensign Phillip Andrew A. Pestao, murdered on September 27, 1995, as described in a prayer email brigade of Fr. James Reuters: Phillip Andrew A. Pestao 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 Pestao 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 Pestao 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. For 14 years they have been knocking at the doors of those in power, to no avail. Now they realize that they should knock on the door of Him who said: "Knock, and it shall be opened to you. Ask and you shall receive. Seek, and you shall find." So they are asking all of the friends of Phillip from the Ateneo, from the PMA, friends of the family - including the girl he was engaged to marry - to say this prayer: Lord, we know that Phillip is safe with you, and will be safe forever, because he gave up his life, as You gave up Your life - for justice. If it is Your will, please let the truth be known of his heroic courage and strength and love of country. Let justice be rendered here on earth. But if it is not Your will that justice be rendered here, give each of us the grace to live and die as he did following in Your footsteps. And at the last judgment, Lord, when all that is hidden will be known, let Phillip be seen as he really is - a brave young man who gave his life for honesty, truth, and justice." Sad and revolting to see how knuckleheads try to gain sound bytes like conquering heroes in full regalia when they are more of a fox guarding the chicken house. The email prayer ended with the following: Phillip Pestao died at the age of 24. He was scheduled to be married in January of 1996, four months after he was murdered. He was a martyr. A martyr is one who dies for the faith or for a Christian virtue. Phillip died for a Christian virtue - justice. It is not likely that he will ever be canonized, but he takes his place among the Unknown Saints. Some military men are killed in battle. They are given a hero's burial. But Phillip died for a much deeper cause - he was trying to preserve the integrity of our Armed Forces. He died out of loyalty to the Philippines, in an effort to keep the oath that he made when he graduated from the Military Academy. Graft and corruption are the curse of this nation. But when they take root in the heart of our Armed Forces, they threaten our existence as an independent, democratic country. The family of Phillip Pestao is doing the right thing. They are turning to God. They are praying that justice will be administered here, in our country, in our day. But if this is not God's will, then let us at least try to preserve the ideal of integrity in every mind and
soul. list.
Thank you. For 14 long years justice has been denied to Ensign Phillip Andrew A. Pestao in trying to prevent the despicable of the lowest degree criminal activities of greedy people in high places. The events that unfolded after Pestaos staged suicide is like a script from a Mafiosi film but this dastardly act happens in a land where corruption has been so ingrained in the very depths of murderous criminal soul leaving behind trails of unexplained deaths. Rodel Rodis citing then Senator Alfredo Lims privilege speech named Lt. Carlito Amoroso (PMA class 1994), a close-in security for Admiral Carranza who was not a crew member of the ship, as the possible gunman. So much for camaraderie when it comes to illegal activities if this proven and is this why Major Frederick Marcelino (Alabang Boys Fame) does not want to taint the refutation of his mistah (brother-inarms) out of fear of the consequence? It does not make sense that one who portrays himself to have integrity does not have the honesty or was it cajones to name a criminal who offered him a bribe after all that is still a crime even though the bribe did not take place. Sen. Lim also linked Ensign Joselito Colico to the crime as he admitted before the Senate that he removed the magazine from the .45 caliber pistol and wiped off fingerprints. Calico was never charged, even with tampering with evidence. In 1997, the Philippine Senate deliberated, and thru the pro bono legal representation of then Ex Senator, Senator Aquilino Pimentel (re-elected anew in 2002 ), concluded that it was indeed murder. The inept Department of Justice (DOJ) was asked to conduct a deeper investigation on Ens Pestaos murder case. Another equally inept government agency the Office of the Ombudsman, thru the Philippine Department of Justice (DOJ), despite conclusive findings that Ens Phillip Pestaos death was a murder case, resolved it closed and terminated in 2000, asserting that the conduct of further investigation in order to find out the identity of the perpetrator and his accomplices, if any, will only be a waste of time considering that the physical evidence has already been tampered with not to mention the lapse of time. With this kind of justice system how do we expect murder case involving illegal drugs, gunrunning with a terrorist Abu Sayaff as the buyer gets resolved. The circumstance prior to the death of Phillip Pestao and the trail of death afterwards truly makes movie plots pale in comparison. There was also Ensign Alvin Parone, who was apparently the officer who called Pestaos parents to warn them of plans to kill their son. He was also killed, Sen. Lim
said,
victim
of
another
unsolved
murder.
Also missing and presumed dead is Petty Officer (PO3) Fidel Tagaytay, who was the duty officer on board Pestaos ship. When he was summoned to testify before the Senate, he disappeared. His wife Leonila has been desperately searching for him, begging the authorities to investigate his disappearance. He is absent without leave is all the Navy brass would tell her. Off heels and bridges an article written by Juan Mercado on the people on board BRP Bacolod on the day of the incident: Justice and national interest required reinvestigation, insisted Pestaos Ateneo and PMA classmates. And the parents filed charges on October 27, 2005 against seven aboard BRP Bacolod City. Of the seven, four have vanished. Police Officer 1 Carlito Amoroso retired. Letters to this PMA graduate are returned with the post office notation: Address Unknown. He was not an organic member of the ships crew, e.g. a hitchhiker. Yet, strong evidence linked him to the crime as possible gunman, Lim said. Lieutenant Junior Grade Joselito Colico unloaded the gun and wiped it. He should answer charges of tampering with evidence. But inquiries with the Navy revealed that Lieutenant Colico has been missing for more than a year. The ships executive officer, Lieutenant Ruben Roque, skipped to the US. Many respondents have been promoted and traveled abroad as if nothing happened at all, Pestaos parents observe. Their common answer is: the Senate cannot do anything to them, much less their careers. Nonetheless, they press on to vindicate the name of a son. If Ens Pestaos death and the death of those after his cannot be resolved by our "competent" investigative and court systems, how will they fare in this "renewed" posturing against illegal drugs. I say in the interest of justice if indeed we have justice, instead of dangling a notorious General Jovito Palparan known as the butcher on board the fight against illegal drugs, a re-investigation to resolve the case of Ens Pestao is long overdue to show their sincere effort to combat the menace of drug abuse.
Ensign Pestao: suicide or murder? Suicide... or murder? This is the question that has always hounded the death of Philippine Navy Ensign Phillip Andrew Pestao more than a decade ago. The PMA alumnus was found on September 27, 1995 in his stateroom with a shot in the head, lifeless. A letter saying he was committing suicide was discovered but Pestao's family believes he was murdered. According to some reports, he learned that his vessel was carrying cargo that included logs cut down, carried to the ship and destined to be sold illegally, information that is said to have cost him his life.
While the Ombudsman and the Senate investigation on his death concluded that he was murdered, the Philippine Navy stands firm in its position that Ensign Pestao committed suicide. University of the Philippines forensic examiner Rachel Fortun and the National Bureau of Investigation support this theory. However, some ballistic and handwriting experts as well as a forensic pathologist all agree with the family of Pestao that the ensign was killed.
Deaths in the military that of a general, young navy officers, and a foot soldier reveal of a systemic corruption from the high echelons down to the battlefield in the military. Their lost lives point to an organized crime that is happening inside and outside the military. While these deaths devastated the immediate families , presence of an unknown organized entity in many levels sends shivers up my spine. Exposing, covering up or cleansing the military system of that well-entrenched organized brotherhood aka mafia, as my military friends termed, may cause one his own life. It is either you speak up and die, or you keep it to yourself and die of hiya we Filipinos know to the core. Philip Andrew Pestano, a 23-year old navy officer who graduated from the Philippine Military Academy (PMA), allegedly killed himself on 27 September 1995. He was found lying motionless perpendicular to his bed with a .45 caliber gun between his feet. Investigators found a suicide note on the table inside his room. He was engaged to be married . He will never commit suicide, his parents testified. His mistahs (PMA batch 1994) said the penmanship in the suicide note was not his. The young military man serving as a logistics officer had been a witness to illegal logging and drug trafficking while onboard the military ship where he was assigned. In a complaint his parents filed at the United Nations in 2007, it is said the ships commander allowed the ferrying of more than 14,000 board feet of logs even without legal authorization. Pestano objected to the loading of the illegal cargos. Military officers Zosimo Villanueva and Alvin Parone who also knew of the illegal logging and drug trafficking were also murdered a week after Pestano died. Both had tipped Pestano of the concealed bulk of illegal drugs in the more than 20 sacks of rice cargoes aboard the ship. PO3 Fidel Tagaytay, the radio operator assigned the day Pestano died, had also been missing. His wife testified her husband knew many things about Pestanos death because he was the duty operator at that time. In 2000, then would-be Sergeant Samuel Esguerra of the 42nd Infantry Brigade was demoted back to being a Corporal and was forcibly assigned to Bicol where two young men killed him in
self-defense allegedly. He was under the governments Witness Protection Program he sought after revealing that his officer and fellow soldiers gunned down a helpless businesswoman accused of being a member of the New Peoples Army in Quezon. The Commission on Human Rights and the Court found the officer and soldiers guilty of murder and robbery. Esguerra testified that his officer and fellow soldiers divided the loot among themselves after killing the businesswoman. He also knew of the guns and bullets the soldiers sell to private citizens and NPA members who are their relatives and friends when their monthly pays and allowances are delayed. Hope we all learn from the recent death of former Defense Secretary General Angelo Reyes. A hot cold case CITIZEN Y By Yoly Villanueva-Ong (The Philippine Star) Updated April 16, 2011 12:00 AM Comments (0) Ensign Philip Pestano would have turned 39 this year. For the past 16 years, his parents have cried out for justice. The Philippine Navys official version is that 23-year-old Philip, the deck officer and cargo master of BRP Bacolod City, committed suicide with a single bullet to his head. They presented evidence, including a suicide note and the confirmation from forensic pathologists that Pestano died by his own hand. NBI and the WPD agreed with the findings. The family however, tells a different story. They maintain that despite his commanders plea, Philip was determined to expose the illegal cargo that their logistics ship transported. Pepe, Philips father testified that there were illegally cut bakawan (mangrove) logs, shabu and military weapons for sale to the Abu Sayyaf. At first, Philip was ordered to go on shore leave. His father begged him to resign, but the brave Ensign supposedly said, Kawawa ang bayan. He returned for duty and met his fate. Senators Marcelo Fernan and Orly Mercado led a Senate inquiry in 1997. The Navy-tale began unraveling. The suicide note was found to be a forgery. There were two unexplained contusions near the fatal head wound. The position of the gun on the floor, the negative result of the paraffin test on the victims hand, the singeing, blood flow and absence of spatter and tissue contradicted the official statement that Philip shot himself in his stateroom. The Senate concluded it was homicide, not suicide. The sudden disappearance of three key witnesses added more fuel to the speculation. PO3 Fidel Tagaytay, the Radio operator on duty; Ens. Alvin Parone, a crewmember; and Coastguard PO2 Zosimo Villanueva all vanished. Furthermore, Vice Admiral Pio Carranza allegedly asked Pepe to sign an affidavit of waiver or lose the P200M ship repair contract that he had previously won. When he refused, the ships under-repair were reportedly sunk, destroying him financially. There were other doubts. Why did BRP Bacolod City take a two-hour dogleg route, instead of the normal 45-minute trip to the Roxas Boulevard Headquarters from Cavite? To keen CSIwatchers, the Forensic Experiment Report submitted by Dean Artemio Panganiban shot more
holes in the Navy testimony. He observed that the two contusions on the right temple had similar dimensions to the muzzle of a .45 Semi-automatic pistol but ruled out the fatal shot as its cause, since the tendency is for the head to move away from the impact. Hence the bruises could not be self-inflicted. Another laceration at the pinna of his left ear was also a puzzler, since he fell on a soft mattress. In the re-enactment, the blood patterns did not fit with the position of the victim on the bed. A baffling mystery that has languished in the cold files, it has neither clarity nor closure to this day. The PMA Maalab Class 93 and Ateneo High School Class 89 formed the Philip Pestano Foundation guided by Father James Reuter. An online prayer brigade is ongoing. The retired Commanding Officer of BRP Bacolod City, Captain Ricardo Ordonez also launched his own e-mail campaign and prayer support from his Parish and BCBP (Brotherhood of Christian Businessmen and Professionals). He answers the column of Fr. Reuter through a letter with attachments from the 1995 NBI Report. He laments the continued persecution and includes character references. For some years now, many have tried to malign my name, destroy my reputation or cast doubts on me because of the distortions done or taken up by some people about this case to further their own ends. One affidavit lists the unofficial cargo they transported. The point was that although they bend some rules, this was not extreme, and considered routine: I did granted the request for 20 drums of fuel given to Governor Matba knowing that it will be used for the government bulldozer to Marang-Marang Tawi-Tawi for theI transported from Languyan construction of feeder roads I did bought two sacks of rice and pig for my own family consumption and I did bought 300 pieces of bakawan for my personal use. I also loaded as directed and as a jibed mission, flitches of lumbers intended for the Flag Officer In Command. The Inspector Generals Report in March 1997 cited: 1) The dogleg route that caused delay; 2) the questionable unloading of the death weapons magazine by Ens. Colico even before the inquiry from the authorities; 3) the torn pages from the gangway logbook, hiding the identities of those who got on and off the ship; 4) the stomach hemorrhage sustained, possibly caused by contact with a hard object or fist; 5) Since there are no eyewitnesses, the circumstantial evidence would tend to rule out the theory of suicide. Yet on May 2, 2000 the Ombudsmans report declared: The conduct of further investigation in order to find out the identity of the perpetrator . . . will only be a waste of time considering that the physical evidence has been tampered with not to mention the lapse of time . . . we find no cogent reason to disturb the above findings . . . will only prove futileuseless offering false hopes to those expecting blood gushing from stonesunnecessary clogging of dockets. This whodunit is the 5th charge in the articles of impeachment against Merceditas Gutierrez. Along with the fertilizer scam, PNP Euro-Generals, the Mega-Pacific and NBN-ZTE contracts, this was one more major case that the sitting Ombudsman sat on. Because of the delay in resolution and subsequent dismissal the UN Human Rights Committee declared that the
Philippine Government violated its obligations under the International Covenant on Civil and Political Rights. As desensitized as we may be from living through our fair share of massacres, extra-judicial killings and unsolved heinous crimes, this hot cold case is particularly disturbing if not heartrending. The unanswered questions surrounding the official verdict, demonstrates how deeply impunity has permeated our society. As long as there is no final resolution, our nation might as well have a gun to its head.
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By Juan L. Mercado Sidebar Saturday, March 19, 2011 SUN.STAR Cebu readers have a hometown interest in House Resolution 1089. This impeaches Ombudsman Merceditas Gutierrez for betrayal of public trust. The Lower House will lob the Articles of Impeachment to the Senate for trial, probably by Wednesday. The only question is how lopsided the vote will be. Plan your Sinulog week ahead and find out what's in store for Sinulog 2012. The articles rap Gutierrez for sitting on high-profile cases. Many involved her patrons, led by former president Gloria Macapagal-Arroyo and the ex-first gentleman. These include the P738-million fertilizer fund scam, Euro generals scandal, overpriced Mega Pacific election computers, the NBN-ZTE broadband scamandmurder of Ensign Philip Pestao of Cebu. After elementary school studies here, Pestao graduated from the Ateneo de Manila High School. He became an ensign in the Philippine Navy in 1993, on completing the four-year Philippine Military Academy course. As RPS Bacolod cargomaster, Pestao bucked loading 14,000 board feet of illegal hardwood logs in Tawi-Tawi. Part of the cargo was a gift of the governor (Gerry Matba) to the flagofficer-in command: Admiral Pio Carranza.
Orders from above over-ruled Pestao. DENR certified the logs were inspected in Zamboanga, on Sept. 25. But the boat, that day, already docked in Cavite. The logs promptly vanished. Nonetheless, spurious clearances appeared. Pestao also bucked peddling of high-powered weapons, bunker fuel and loading of shabu. Weve received phone calls, Pestaos parents warned. Theyll kill you. The ensigns reply: Kawawa ang bayan (Pity the country), recalls Fr James Reuter, SJ His body, bearing gunshot wounds, was discovered in his cabin. Suicide ruled the Navy within 24 hours. The NBI waffled. And Cebuano Ombudsman Aniano Desierto ruled it was useless to investigate further. Not so, said the late Supreme Court chief justice Marcelo Fernan. The senator from Cebu led the Committee on Justice that found Pestao was bludgeoned, then shot to death, while RPB Bacolod meandered on a bizzare hour-and-a-half trip in Manila Bay. And for years, the ombudsman scoffed at Senate Report 800. But Fernans report was precisely the document the UN Commission on Human Rights in Geneva relied on. Former UP College of Law dean Raul Pangalangan summed up the story of the ombudsmans sordid failure thus: Close to 15 years elapsed since the death of the victim, the [parents] are still ignorant of the circumstances surrounding their sons death, and [Philippine] authorities have yet to initiate an independent investigation. [T]he Ombudsman [has] deemed it necessary to conduct further proceedings in (2006) Since that date, no suspect was prosecuted, or tried, let alone convicted . The UN committee found that, within four months of Pestaos death, three of his Navy comrades `all died or disappeared in mysterious circumstances. The [Philippines is in] breach of its obligation to properly investigate the death of [Philip], prosecute the perpetrators, and ensure redress. Well, Gutierrez finally acted on the Pestao plea, Pangalanan wryly added. She dismissed it. To add sting to the injury, she served her dismissal order on Pestaos parents the day after they signed the impeachment complaint against her. When the Senate tries Gutierrez, will the senator-jurors hear a voice from the tomb? Will Ensign Pestao finally get the justice so long denied by an ombudsman who forgot what betrayal of public trust meant? (juanlmercado@gmail.com) Published in the Sun.Star Cebu newspaper on March 20, 2011.
Justice for Ensign Philip Pestao MANO-A-MANO By Adel Tamano (The Philippine Star) Updated July 18, 2010 12:00 AM Comments (0)
Why should we even be talking about justice on a Sun-day? Isnt today a time for family lunches and dinners, going to the mall, and relaxing? Justice such a heavy, serious theme seems a more appropriate subject matter for a weekday. However, the practice of Sunday being a rest day originated from the Jewish concept of the Sabbath, which was a time for reflection and devotion to God. Certainly, one of the most important themes of the Jewish faith, as expressed in the Old Testament, was the value of justice. The primary human story in Genesis speaks of the divine justice meted out to Adam and Eve for eating the fruit of the forbidden tree. Later, with the murder of Abel which was the primordial crime (the first injustice towards a fellow human being) when Yahweh asked Cain where Abel was, Cain asked God one of the most profound questions in human history: Am I my brothers keeper? The divine answer was in the affirmative; that we are, in truth, responsible for each other. And for Cains failure to adhere to this duty and by way of justice for the murder of his brother Cain was cursed to walk the earth for eternity. Given the context of the numerous often forgotten stories of injustice in the Philippines and in order to affirm our divergence with Cain, meaning that we acknowledge our responsibility to our fellow man, let us use this day to remember the murder of Navy Ensign Philip Pestao. As a co-host of the weekly Rock Ed radio show, I had the opportunity to interview Philips parents and sisters. Philips and his familys life story was at once deeply saddening and greatly inspiring Philip was a graduate of the Ateneo de Manila Universitys High School, Class of 89. After graduation, he went to the Philippine Military Academy, where he excelled in academics, particularly in mathematics. At the PMA, he was indoctrinated, as all cadets were, with a deep sense of honor and a love of God and country. Little did he know that this very code of honor would be his undoing. Upon graduation, as a member of the Navy, he was assigned to work on board a supply ship, the BRP Bacolod City. Unfortunately, the ship was used not only for transporting supplies for the military but was also allegedly secretly ferrying illegally cut logs and even drugs like shabu (a form of methamphetamine). One of Philips duties was the signing the ships manifest, meaning he had to affirm that the ship had been used to transport specific and of course lawful articles only. Having a deep-rooted sense of duty, he refused to sign the ships manifest, which excluded the illegal items. Shortly after his refusal, he was found dead in his cabin. According to the military, he committed suicide. While that conclusion was most convenient, it did not conform to the facts firstly, Philip had become religious during his time at the PMA and it would have been a grave violation of his Catholic belief to commit suicide; secondly, he had, but a few weeks prior to his suicide, proposed marriage to his fiance. He was engaged to be married and it is against human experience for a man to commit suicide right after his
engagement; lastly, as his family emphasized, Philip was a well-balanced, intelligent (he was a consistent deans lister at the PMA), successful, and generally happy person, someone very unlikely to think of ending his life by his own hand. Refusing to accept the militarys findings, the Pestao family went to the Department of Justice, the Ombudsman and the Senate, tirelessly seeking justice for the murder of their son and brother. No real relief was found with any of these government agencies and until today, more than a decade after Philips murder despite the obvious fact of death and the lack of motive or real proof that it was by suicide no criminal case has been filed with the Regional Trial Court against Philips killers. Ironically, it was from a body external to the Philippines, the United Nations Committee on Human Rights, that the Pestao family has received some vindication. According to the UNCHRs committee that investigated the case, Philips death was ruled as not a suicide but rather a homicide. Although far from a conviction of the masterminds and the killers, for the Pestao family, it was a moral victory. Moreover, the family has refused to let Phil-ips murder and the failures of the Philippine justice system destroy them. Instead, they have become a stronger family and they have established Philips Sanctuary Bike Park in honor of Philips memory as a place where his ideals honesty and love of country could be commemorated. In truth, Philip died a hero, embodying the ideals that Filipinos should aspire for. As Father Reuters said in memoriam, Some military men are killed in battle. They are given a heros burial. But Phillip died for a much deeper cause he was trying to preserve the integrity of our Armed Forces. He died out of loyalty to the Philippines, in an effort to keep the oath that he made when he graduated from the Military Academy. Finally, that the Pestao family had to obtain some level of justice for Philip from non-Filipinos is appalling. It shows how problematic our system of justice is and perhaps how little we as a people give value to justice for others. In our parochial and personalistic frame of mind, we believe that as long as injustice is heaped on others and not on our families or loved ones that it doesnt affect us. But that is an illusion because a crime against the Pestao family is a crime against all of us. To forget Philips murder is not only to become Cains heir but it is likewise a repudiation of his values integrity, honesty, honor and love of country. This is why we cannot rest until there is justice for Philip.