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Thursday, July 12, 2007
Prosecutor relieved from Burgos abduction probe
MANILA -- Senior State Prosecutor Emmanuel Velasco, who is handling the case of missing activist Jonas Burgos, was relieved Wednesday as head of the panel investigating the incident.
Justice Secretary Raul Gonzalez Sr. confirmed Velasco's sacking two days after the prosecutor ordered military officials tagged in the abduction investigated.
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Gonzales said Velasco's actions "weakened" government's position that it is not coddling Burgos' abductors.
The justice chief said the government is already smarting from a negative public image, but the effect of Velasco's order might further bolster the perception that the military is behind the activist's disappearance.
He also took exceptions to Velasco's disclosure that he had been receiving death threats, allegedly from the military camp.
"I think he was just excited to get into the news. To some extent, it has merit because it might give hope to the Burgos family. But what if these are false hopes?" he said.
Gonzalez said Velasco was relieved only insofar as the Burgos case is concerned but he will remain as chairman of the presidential task force on media harassment. Velasco was handpicked by President Gloria Macapagal-Arroyo to lead the task force.
Gonzalez also assured the Burgos family that they will pursue any lead to discover the whereabouts of Jonas, son of former Malaya publisher and freedom fighter Jose Burgos.
He said it was also high time for Velasco's informant to come out in the open and show proof that the summoned military officers indeed took part in the kidnapping.
Early this week, Velasco asked the National Bureau of Investigation (NBI) to investigate Army Technical Sergeant Jason Roxas, Air Force Corporal Maria Joana Francisco, Air Force Master Sergeant Aron Arroyo (PAF), and a certain alias T.L., all detailed with the Military Intelligence Group (MIG) 15 of the Intelligence Service of the Armed Forces of the Philippines (Isafp); Army 1st Lieutenant Jaime Mendaro, reportedly assigned to the 56th Infantry Battalion; and Lieutenant Colonel Noel Clement, formerly of the 56th ID and presently assigned with the Escort and Security Battalion of the Philippine Army at Fort Bonifacio.
They were summoned for questioning on the basis of the allegation of the informant that he has seen them at the crime scene when Burgos was forcibly taken by unidentified men while having lunch in a restaurant in Quezon City last April 28.
Burgos' mother Edita asked the Supreme Court (SC) Wednesday to issue a writ of habeas corpus compelling the military to produce her son and order his immediate release him from arbitrary detention.
In a 16-page petition, Burgos's lawyer Ricardo Fernandez also asked the high court to resume the investigation and bring to justice his abductors.
Named respondents in the petition were President Arroyo, Armed Forces Chief Hermogenes Esperon, Army Chief Romeo Tolentino, 7th Infantry Division commanding officer Juanito Gomez, Isafp head Delfin Bangit, and PNP Chief Oscar Calderon.
In impleading Arroyo, Fernandez said as Commander-in-Chief and having full authority over members of the Armed Forces, she has command responsibility to have investigated Burgos' disappearance.
"The President has not publicly condemned the enforced disappearance of Jonas; her manifest reticence is as eloquent as her praise for General (Jovito) Palparan at her state of the nation address which strongly suggests her mailed fist policy against her political enemies with no regard for human rights," petitioner said.
Fernandez said the petitioner has exhausted all legal remedies to compel the respondents to produce Burgos, prompting them to elevate the case to the SC, given its mandate to "promulgate rules concerning the protection and enforcement of constitutional rights," citing Article 8, Section 5 of the Constitution.
The Philippine Army (PA) and the Philippine Air Force (PAF) said Francisco, Master Sergeant Arroyo, and Roxas--who were implicated in the abduction of Jonas--do not appear in their roster of personnel.
"They are not in our roster. I checked it already. I don't where the names came from," said Air Force spokesman Efipanio Panzo, referring to Francisco and Master Sergeant Arroyo.
Roxas also does not appear in the roster of the Army, said Army spokesman Ernesto Torres.
The denials came after Isafp chief Delfin Bangit said the three, along with a certain T.L, are not also in the roster of Isafp. He has questioned the credibility of the witness that linked Isafp personnel to the kidnapping.
Torres said Mendaros is taking up a company tactics course in Singapore. "He is on schooling abroad, in Singapore. The course started this month and is supposed to be completed in September," he said.
He also said the Army leadership will exert efforts so that Mendaros can appear before the National Bureau of Investigation (NBI), which heads the task force.
On Clement, Torres said the officer will submit himself to the NBI for investigation.
Executive Secretary Eduardo Ermita said Malacañang is keeping its hands off the alleged involvement of military men, including some intelligence officers, in the abduction of Jonas.
Ermita however said it is not enough to just deny the existence of the reported six military officers but they must prove that they are not involved in the incident.
"Kung may mga pangalan, ang sabi ko why not bring them out in the open para makita talaga sa chain of command kung talagang bang ang mga pangalan ay andyan. Did somebody said 'yes, the names are in the roster' or 'no' they denied that they are there? It's for them to prove that before the public," he said.
Ermita said they are not simply taking Bangit's denial nor are they absolving Bangit and the Isafp as they prefer to await the result of the ongoing inquiry.
He said if those persons really exist, even if they are not from Isafp, "just bring them out to get to the bottom of the truth."
Ermita added that the defense department and the Armed Forces of the Philippines should just coordinate and cooperate with the Department of Justice (DOJ) and the NBI as "the important thing is let us come out with the truth." (ECV/VR/JMR/Sunnex)
For more Philippine news, visit Sun.Star Iloilo. (July 12, 2007 issue)
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