Thursday, August 23, 2007 Court asked to charge Arroyo, others for contempt
EDITA Burgos on Wednesday asked the Court of Appeals (CA) to cite in contempt President Gloria Macapagal-Arroyo, Armed Forces Chief Hermogenes Esperon Jr., and other military officials for filing false returns of the writ of habeas corpus issued by the Supreme Court (SC) in connection with the disappearance of her son Jonas.
In a petition, Edita cited seven evidence that would prove that respondent military officials, particularly the 56th Infantry Battalion (IB) of the Philippine Army (PA) based in Norzagaray Bulacan, has direct involvement in her son's disappearance.
"Evidence point to the fact that at one time or another, respondents had custody of Jonas. The fact that the registration plate no. TAB-194 has been established to have been in the custody of the 56th IB creates a direct link between the abductors and the Philippine Army," said Edita through lawyer Pacifico Agabin.
Named respondents in the case were Arroyo, in her capacity as Commander-in-Chief of the Armed Forces; Esperon; Lieutenant General Romeo Tolentino, Army commanding general; Major General Juanito Gomez, commanding officer of the 7th Infantry Division; Lieutenant Colonel Noel Clement, commanding officer of the Security and Escort Battalion in Fort Bonifacio, Taguig; Lieutenant Colonel Melquiades Feliciano, 56th IB commander
Burgos' counsels claimed that the SC issued a writ of habeas corpus returnable to the CA, but respondents filed a common return denying custody of Jonas.
They said the return of respondents are false because they stated under oath that they do not have Jonas in their custody when records would show that they had Jonas under their power when on April 28, 2007 he was forced into a maroon Toyota Revo which registration plate respondents admit in their return was in the custody of the 56th IB.
"Respondents merely stated in their return that they do not have custody of Jonas; they did not state that they have never had custody. Further, the competent and convincing evidence submitted and admitted traverse their return -- the respondents had custody of Jonas, at least when he was abducted on April 28, 2007," petitioner said.
Burgos claimed that the testimonies of Feliciano and Clement that the plate number TAB-194 was lost was self-serving as they offered no proof of the loss or any document of loss or explanation when, how, where and who lost it.
"Given the fact that plate number TAB-194 was admitted to be in the custody of the 56th IB, it is reasonably presumed that the vehicle seen with the same plate is also a vehicle in the custody of the 56th IB," said Burgos.
The continuing refusal of Esperon to allow the submission of the Provost Marshal Report to the CA further proves that they are in possession of information vital to the family's determination of the whereabouts of Jonas, she said.
Such acts, Burgos added, made respondents liable under Rule 102, Section 16 of the Rules on Civil Procedure which states that making or filing of a false return is punishable by contempt.
Arroyo, she said, committed contempt when she did not verify the return. The rest of the respondents are likewise liable when they stated in the return that they did not have custody of Jonas.
"The declaration of innocence (or ignorance?) before the court as to the custody of Jonas directly impede, obstruct and degrade the administration of justice," she said.
Burgos further claimed her son, a member of the peasant group Alyansang Magbubukid ng Bulacan, was suspected by the military of being a member of the New People's Army (NPA).
"The issuance by Esperon of the Armed Forces' special report on Jonas proved that the military has tagged Jonas as a member of the CPP (Communist Party of the Philippines)-NPA and thus, establishes the motive for the abduction," she said.
It was eyewitness Larry Marquez, security guard of the Hapag-Kainan restaurant in Ever Gotesco mall in Quezon City, who saw the abduction of Jonas and testified that he saw several armed men, who claimed to be policemen, drag the victim into a waiting maroon Toyota Revo.
Marquez also told the court that he clearly saw vehicle bearing the plate number TAB-194, which was then traced to the vehicle of a suspected illegal logger named Mauro Mudlong, and whose vehicle had been impounded at the 56th IB headquarters in Norzagaray, Bulacan.
Earlier, Provost Marshal Arturo Abadilla refused to tell the court the contents of the investigation report that he conducted, saying the report was not about Jonas' disappearance but only about the administrative liabilities of military officers in connection with the missing plate number TAB-194.
Abadilla further said he no longer has control over the report since it was covered by the confidentiality clause specified under a memorandum circular signed in 1964 by then President Diosdado Macapagal.
The CA gave the Office of the Solicitor General until August 21 to submit its reply to the opposition of Burgos to the motion to quash the subpoena on the Provost marshal's report, but a check with the CA Seventh Division showed that the OSG has yet to file their report in time.
The next hearing was scheduled on August 30, wherein the appellate court is expected to rule on the government's motion to quash subpoena.
Meanwhile, Malacañang maintained Wednesday that President Arroyo is exempted from suit, dismissing the contempt charges that are being sought against her and several government officials for their failure to produce Jonas.
Ermita said they are leaving it to their legal team to respond to the charges. (ECV/JMR/Sunnex)
