CA pins Army officer in Jonas Burgos abduction, holds AFP, PNP accountable

The Court of Appeals has held the Armed Forces of the Philippines (AFP) and the Philippine National Police accountable for the "enforced disappearance" of political activist Jonas Burgos in 2007, and ordered the military to continue exerting efforts to bring him justice.

 

In a statement, the Commission on Human Rights, which was furnished with a copy of the March 18 CA ruling, said that aside from holding the military "accountable," the appeals court also pointed to Maj. Harry A. Baliaga Jr. as being "responsible" for the political activist's disappearance.

 

The CA ruling, which stemmed from Jonas' mom Edita's consolidated petitions for habeas corpus, also recognized his abduction as a case of enforced disappearance covered by the Rule of the Writ of Amparo, contrary to the military's claim that Burgos was a victim of "internal communist purging."

 

A writ of amparo is an expeditious and effective relief given to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. A CA staff confirmed to GMA News Online that a decision was promulgated on March 18. Copies of the decision for the media, however, were unavailable as of posting time. GMA News Online likewise tried to reach the military for its reaction, but has yet to get a reply as of posting time. Abduction

 

Burgos, a political activist and son of the late press freedom fighter Jose Burgos, was abducted in a restaurant at the Ever Gotesco Mall along Commonwealth Avenue in Quezon City on April 28, 2007.

 

Jonas was believed seized by the military because the license plate number of the vehicle used in his abduction was traced to another vehicle impounded in 2006 at the 56th Infantry Battalion camp in Bulacan.

 

In its ruling, the CA "declared Maj. Harry A. Baliaga, Jr. responsible for the enforced disappearance of Jonas Burgos [and] declared the Armed Forces of the Philippines, particularly the Philippine Army, accountable for the enforced disappearance of Jonas Burgos."

 

The CA cited a December 2011 Supreme Court ruling (Balao v. Macapagal Arroyo) to distinguish accountability from responsibility.

 

“Accountability... refers to the measure of remedies that should be addressed to those who have exhibited involvement in the enforced disappearance without bringing the level of their complicity to the level of responsibility... or who are imputed with knowledge relating to the enforced disappearance and who carry the burden of disclosure; or those who carry, but have failed to discharge, the burden of extraordinary diligence in the investigation of enforced disappearance,” the SC ruling read.

 

Baliaga, an Army First Lieutenant at the time of the incident, belongs to the 56th Infantry Battalion based in Bulacan province.

 

In March 2011, the CHR, with a directive from the Supreme Court to reinvestigate the matter, concluded that the military had a hand in the disappearance and pointed to Baliaga as Jonas' principal abductor.

 

In a statement, CHR chairperson Loretta "Etta" Rosales noted the portion of the CA ruling that described impleaded ranking military officials as being duty-bound to disclose relevant facts about the case because they were "imputed with knowledge relating to the enforced disappearance."

 

Rosales said the CA highlighted the military's "unwillingness to cooperate in the investigation conducted by the CHR... as “persuasive proof of the alleged cover-up of the military’s involvement in the enforced disappearance.”

 

PNP too

 

Apart from the military, the CA also held the Philippine National Police accountable "for its failure to conduct an exhaustive investigation of the enforced disappearance of Jonas Burgos."

 

The CA directed the chief of staff of the AFP and the director-general of the PNP "to continue their respective investigations/coordination on the enforced disappearance of Jonas Burgos, until the persons responsible are brought to justice."

 

The appeals court also directed the CHR to carry on with its ongoing investigation on the Burgos case, even as the court ordered both the military and police to "extend full assistance" to the CHR's independent probe.

 

The three bodies—the AFP, PNP, and CHR—were all required to submit quarterly report on the progress and results of their respective investigations.

 

Rosales expressed delight over the CA ruling, saying: They are concrete positive steps on the part of the Judiciary to address the climate of impunity that claimed the lives of hundreds of human rights activists during the previous administration."

 

Rosales said they are considering asking the appeals court to elaborate on the full measure of accountability ascribed to the AFP, including whether the military would be required "to recompense the family of Jonas Burgos."

 

The CHR also vowed to monitor if the police and military are investigating the matter "in extraordinary diligence" as required by the Court of Appeals.

 

"To realize the twin goals of serving justice on the perpetrators of Jonas’s enforced disappearance, and turning the AFP and the PNP away from their repressive reputation, the resources – time, personnel and logistical - of the three institutions must be brought to bear under a common spirit of justice, transparency and accountability," Rosales said.

 

In July 2011, the Supreme Court upheld the CHR findings and directed the military to produce Jonas. To date, however, Burgos remains missing. — RSJ/KBK/KG, GMA News