Burgos mom wants AFP, PNP officials cited for contempt

MANILA, Philippines - Edita Burgos, mother of missing activist Jonas Burgos, on Thursday asked the Court of Appeals to cite in contempt retired Armed Forces chief Hermogenes Esperon Jr and several other military and police officials for their non-cooperation in the investigation on her son’s disappearance. In a 13-page motion, Mrs Burgos’ lawyer Ricardo Fernandez told the CA's former Seventh Division accused the respondents - Esperon, his successor, Lt. Gen. Alexander Yano and PNP Director Avelino Razon – of holding vital information from the court with regards to Jonas’ case. Jonas, son of journalism icon Jose Burgos, has been missing since he was abducted on April 28, 2007 at Hapag Kainan Restaurant in Ever Gotesco Mall in Quezon City. “For respondents to deny any knowledge whatsoever about the enforced disappearance of Jonas is a lie and totally unacceptable. The respondents knew the ‘cause, manner, location and time of the disappearance of Jonas,' but lied about it to this Honorable Court," Fernandez’s motion stated. “The respondents had the duty to include in their return the steps or actions taken by the respondent to determine the fate or whereabouts of the aggrieved party and the person responsible and all relevant information," the motion added. The petitioner pointed out that if the respondent is a public official or employee, the return should further state the actions that have been or will be taken to recover and preserve the evidence related to the death or disappearance of the person subject of the petition. But Burgos said Esperon merely stated in his affidavit that an investigation report was submitted to him by the AFP provost marshal on May 22, 2007, which stated that the probe failed to pinpoint the actual involvement of any military personnel in the abduction and disappearance of Jonas due to lack of direct evidence. However, the provost marshal testified before CA that his investigation focused on the matter of plate number TAB 194, which was seen by Ever Gotesco security guard Larry Marquez attached to the vehicle reportedly used in the abduction of Jonas on April 28, 2008. The said plate was supposed to be under the custody of the Army’s 56th Infantry Battalion based in Norzagaray, Bulacan. AFP Provost Marshal Col. Arthur Abadilla also testified that he did not investigate the case of the enforced disappearance of Jonas Burgos as it was the subject of a parallel investigation by the police. “General Esperon’s return is not supported by the report of the provost marshal general. His return, however, did not categorically or absolutely deny any involvement whatsoever of any military person in the enforced disappearance of Jonas; rather, his return is pregnant with possible findings of the investigation which should have been included in his return and disclosed to this Honorable Court," the petitioner said. On the other hand, Burgos said Yano merely denied the Army’s involvement in Jonas' abduction, which is countered by the substantial evidence submitted to the CA showing that Jonas’ disappearance is connected with the arrest and court martial of Lt. Dick Abletes of the 56th IB. Abletes was arrested for allegedly passing military secrets to the NPA and has been accused of having violated the Articles of War and was being tried by a court martial. In his return, Razon had accused the New People’s Army for Jonas’ disappearance and disclosed that the PNP had transmitted to the Justice department the pertinent records of the investigation for its review and evaluation and possible filing of appropriate charges against a certain Delfin de Guzman and several others for alleged kidnapping and illegal detention of Jonas. Razon, according to the petitioner, exonerated the military of any involvement in Jonas case despite that TAB 194 was traced to the custody of the 56th IB. “Plate no. TAB 194 used in this abduction established the resources and means of the 56th IB and the Intelligence Service Group to get Jonas at Ever Gotesco Mall. There is substantial evidence that the army has the motive, vast resources and certainly, the means to cause the enforced disappearance of Jonas," the petitioner said. - GMANews.TV