Friday, May 23, 2008 CA told to cite Esperon for contempt
WEEKS before the case was submitted for resolution, crusading mother Edita Burgos on Thursday asked the Court of Appeals (CA) to cite for contempt of court retired Armed Forces chief Hermogenes Esperon Jr. and several other military and police officials for filing a false return of the writ of amparo on the disappearance of her son, political activist Jonas Burgos.
Jonas, son of journalism icon Jose Burgos, has been missing since he was abducted on April 28, 2007 at Ever Gotesco Mall in Quezon City.
In a motion, Edita's lawyer Ricardo Fernandez told the CA's former Seventh Division that respondents Esperon, new Armed Forces Chief Alexander Yano and National Police Chief Avelino Razon Jr. clearly went against the orders of the Supreme Court (SC) to exert effort to locate Jonas rather than issuing a simple denial that they had custody of him.
Fernandez further claimed that respondents were clearly suppressing vital information from the court in their refusal to disclose relevant details in their possession.
"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," he said in the motion.
"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 further stated.
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 Edita said Esperon merely stated in his affidavit that an investigation report was submitted to him by the military's provost marshal on May 22, 2007 which stated that the investigation failed to pinpoint the actual involvement of any Armed Forces of the Philippines (AFP) personnel in the abduction and disappearance of Jonas due to lack of direct evidence.
However, the provost marshal in his testimony before the CA said 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.
Said plate was supposed to be under the custody of the Army's 56th Infantry Battalion (IB) based in Norzagaray, Bulacan.
AFP Provost Marshal Arthur Abadilla also testified that he did not investigate the case of the enforced disappearance of Jonas 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, Edita 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 Lieutenant Dick Abletes of the 56th IB.
Abletes was arrested for allegedly passing military secrets to the New People's Army (NPA) and has been accused of having violated the Articles of War and was being tried by a court martial.
In his return, Razon implicated the NPA in Jonas' disappearance and disclosed that the Philippine National Police (PNP) transmitted to the justice department the pertinent records of the investigation for its review and evaluation and possible filing of appropriate charges against 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," Edita said.
Petitioner further noted that the Department of Justice did not find probable cause to accuse de Guzman of kidnapping and illegal detention. It even denied that there is an ongoing preliminary investigation on Jonas disappearance as no case had been referred by the PNP.
"It is fundamental in solving crimes to determine the motive for the commission of the crime and the resources and means of the suspected perpetrators to commit it. The evidence clearly established the motive of the military to get the NPA intelligence head in Bulacan," she said. (ECV/Sunnex)
