|
Saturday, August 04, 2007
Court to military: Release Burgos probe report
MANILA -- The Court of Appeals (CA) on Friday ordered a top military officer to disclose the content of an investigation report on the alleged involvement of the Army's 56th Infantry Battalion (IB) in the disappearance of activist Jonas Joseph Burgos.
During the continuation of the hearing on the petition for habeas corpus, magistrates of the CA Eight Division directed Armed Forces Provost Marshall Arthur Abadilla to make sure that he will secure permission from Armed Forces Chief Hermogenes Esperon Jr. to divulge "confidential" information in his report to the court.
Arroyo Watch: Sun.Star blog on President Arroyo
See video of famous dance of CPDRC inmates
Associate Justice Remedios Salazar-Fernando told the witness to bring his inquiry report on August 13, during which he will continue to testify on its content.
Abadilla's testimony was offered by complainant's counsel Pacifico Agabin to show that the military is trying to conceal the results of its investigation from the Burgos family by refusing to furnish them a copy of the report.
However, Abadilla said his power is limited to the discipline of military officers. Abadalla said Esperon has the last say on the release of the investigation report 56th IB members and even its leaders, Lieutenant Colonel Melquiades Feliciano and Lieutenant Colonel Noel Clement.
Esperon, he insisted, is abroad and could not be contacted until his return next week.
"I have already submitted my report to my boss. I am not at liberty to just bring any document to the court without the permission of the chief of staff. You should know that, counsel, that I answerable only to the chief of staff, not to the Commander-in-chief (President Gloria Macapagal-Arroyo)," Abadilla addressed Agabin during direct examination.
He further said the report is incomplete as they are still awaiting the parallel investigation of the police's Criminal Investigation and Detection Group (CIDG).
But Agabin pointed out that Abadilla could not invoke the confidentiality of his inquiry in not disclosing the content of the report.
"The military in fact has direct responsibility over the actions of the 56th IB. Obviously it was a public document. If the report is confidential, does that mean that it can't be released to the court anymore? The life of an individual is paramount than the interest of the state," Agabin said.
He further said as soon as Esperon issued the order for Abadilla to conduct an inquiry last May 9, he went to the 56th IB's headquarters in Norzagaray, Bulacan on the same day, indicating t there was a sense of urgency on the part of the witness to carry out the order.
In his testimony before the court, Abadilla claimed that on May 9 he received orders from Esperon to conduct an inquiry on the disappearance of Burgos based on newspaper accounts.
On the same day, he went to the 56th IB's headquarters in Norzagaray to conduct an ocular inspection and to get the side of respondent military officers. They likewise took pictures of the headquarters and a dilapidated Isuzu vehicle whose plate had gone missing.
The Isuzu vehicle was supposedly issued the plate number TAB-194, the same plate found in the maroon Toyota Revo that was used to abduct Burgos on April 28, 2007.
Abadilla said he was not aware that complainant Mrs. Edita Burgos, mother of the victim, has sought to be furnished a copy of the report.
A security guard at the Hapag Kainan restaurant in Ever Gotesco mall in Quezon City testified that aside from the five men and one woman who forcibly dragged Burgos out, there were three more individuals in civilian clothing involved in the abduction.
Larry Marquez, 22, further said he tried to intervene when he saw the suspects dragging a protesting Burgos out of the food joint, but one of the men told him: "Mga pulis kami, wag ka makialam (We are cops, don't interfere)." He said the men did not show any identification cards.
He said he no longer tried to prevent the men from bringing Burgos out of the restaurant toward a waiting Revo since he was not allowed to leave his post and merely radioed his comrades about the incident.
From his vantage point, Marquez said he clearly saw the plate number of the car as TAB-194, until it exited going in the direction of Commonwealth Avenue. (ECV/Sunnex)For more Philippine news, visit Sun.Star Zamboanga. (August 4, 2007 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
[return to top]
[home]
|
|
