REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
EDITA T. BURGOS,
-versus - I.S. NO. _____________
MAJOR HARRY A. BALIAGA, JR., LT. COL. MELQUIADES FELICIANO, COL. EDUARDO ANO, LT. GEN. ROMEO TOLENTINO (RET.), GENERAL HERMOGENES ESPERON (RET.), LT. GENERAL ALEXANDER YANO (RET.), AND DIRECTOR GENERAL AVELINO RAZON, JR.,
AFFIDAVIT - COMPLAINT
I, EDITA T. BURGOS, Filipino, of legal age, with address c/o Fernandez & Kasilag-Villanueva Law Offices, 1203 Pablo Ocampo & Venecia Streets, Makati, after being duly sworn, hereby depose and state:
1. I am the mother of a missing person, a victim of enforced disappearance, Jonas T. Burgos, Filipino, 37 years old at the time of his abduction and a resident of Brgy. Tartaro, San Miguel, Bulacan whose photograph is attached. My son is an agriculturist by profession.
2. The Respondents are as follows:
a. Major Harry A. Baliaga Jr. is an officer of the Philippine Army. During the time of the disappearance of my son, he was assigned at the 56th Infantry Battalion. He may be served with summons and other legal processes c/o General Headquarters Philippine Army, Fort Bonifacio, Taguig City.
b. Lt. Col. Melquiades Feliciano was Major Baliaga's Commanding Officer. He may be served with summons and other legal processes c/o General Headquarters Philippine Army, Fort Bonifacio, Taguig City.
c. Col. Eduardo Ano was the head of the Intelligence Security Group. He may be served with summons and other legal processes c/o General Headquarters Philippine Army, Fort Bonifacio, Taguig City.
d. Lt. Gen. Romeo Tolentino (Ret.) was the Commanding General of the Philippine Army from July 2006 to August 2007. He may be served with summons and other legal processes at 202 Hermosa Bldg. Bonifacio Heights Condominium, Taguig City.
e. General Hermogenes Esperon (Ret.) may be served with summons and other legal processes at Q-44 McArthur Ave. Fort Bonifacio, Metro Manila.
f. Lt. General Alexander Yano (ret) may be served with summons and other legal processes at 213 Dipolog Bldg. Bonifacio Height Condominium, Fort Bonifacio, Taguig City.
g. Director General Avelino Razon, Jr. may be served with summons and other legal processes at No. 2010 F. Benitez St., Quirino Ave., Malate Manila.
3. I realized that Jonas could be missing when he did not come home that night of April 28, 2007.
4. The following morning, I received a text message from Jonas: “Pasensiya na ligo lang ako”; this was followed by another text: “Sige bukas pag-usapan natin”. I tried calling his phone but could not get an answer until it could no longer be reached. I knew then that something must have happened to him as it was so uncharacteristic of my son not to reply to my text messages.
5. Extremely worried and desperate for some news regarding my son's whereabouts, I called for a press conference on April 30th and announced that Jonas has been missing since April 28, 2007.
6. As a result of that press conference, I received information that a security guard at the Ever Gotesco Mall (along Commonwealth Ave., Quezon City) saw Jonas forced by persons who identified themselves to be “PULIS” into a vehicle with Plate Number TAB 194.
7. I filed a complaint before the police and later filed a Petition for Habeas Corpus (Edita Burgos vs. Pres. Gloria Macapagal Arroyo, et. al., CA-G.R. SP No. 99839) and a Petition for Writ of Amparo (Edita Burgos vs. Gen. Hermogenes Esperon, Jr., et. al., CA-G.R. SP No. 0008).
A. Elsa Agasang
8. My son Jonas, according to witnesses, was forcibly taken by a group composed of six (6) males and one (1) female on April 28, 2007 while he was having lunch at the Hapag Kainan Restaurant in Ever Gotesco Mall, Commonwealth Avenue, Quezon City;
9. One of the witnesses, Elsa Agasang, was working at that restaurant at the time Jonas was having lunch and she told the police that indeed a man was forcibly taken from her restaurant on April 28, 2007. According to her, Jonas repeatedly cried “AKTIBISTA LANG PO AKO!” as he tried to fight off the persons who were abducting him.
10. When shown a photo of Jonas when she testified before the Court of Appeals, she identified Jonas as the person forcibly taken. Copy of her statement and the pertinent portion of the transcript of her testimony are attached.
B. Jeffrey T. Cabintoy
11. Another witness, Jeffrey T. Cabintoy, was working as a busboy trainee at Hapag Kainan at the time of the incident. He provided the description to the police for the cartographic sketch of 2 persons, one male and one female, who were part of the group who abducted Jonas. When shown a photo of military officers, he identified HARRY AGAGEN BALIAGA JR as one of the abductors.
12. In his statement, Mr. Cabintoy said “Ang taong ito ay aking natatandaan sa kadahilanan na nuong una siya nakaupo na katabi sa bandang kaliwa nang taong dinukot at matapos silang mas usap lumapit sa akin at pilit akong pinipigilan na wag daw makialan at ang sabi sa akin ay ‘WAG KA DITONG MAKIALAM KASI ANG TAONG ITO AY MATAGAL NA NAMING SINUSUBAYBAYAN DAHIL SA DROGA’”. The statement of Jeffrey T. Cabintoy is hereto attached. The photo of HARRY A. BALIAGA JR. is also attached.
C. Edmond Dag-Uman
13. When shown to another witness, Edmond Dag-Uman, a former soldier of the Philippine Army assigned with the 56th Infantry Battalion, the latter identified the man in the photo as LT. HARRY A. BALIAGA JR as an officer assigned with the Bravo Company of the 56th IB. The statement of Edmond Dag-Uman is hereto attached.
D. Larry Marquez
14. The name of the security guard who witnessed the abduction is Larry Marquez. He told the police that he witnessed Jonas being dragged out of the Ever Gotesco Mall and forced into a vehicle with plate number TAB 194. Copy of his statement to the police on May 1, 2007 is hereto attached.
TAB 194 was under the custody of the
56th Infantry Battalion
15. The Plate Number TAB 194 was traced by police investigator P/Supt. Jonnel C. Estomo to a vehicle registered in the name of Mauro Mudlong. Mr. Mudlong and his vehicle were apprehended on June 24, 2006 by PFC Jose Villena and CPL Castro Bugalon of the 56th Infantry Battalion of the Philippine Army (56th IB) based in Barangay San Mateo, Norzagaray Bulacan for violation of Section 68 of PD 705 or “Transporting of Timber Without a Permit” (filed with the Prosecutor of Bulacan at Malolos; IS No. 06-09-4287). Said vehicle with Plate No. TAB 194 and its cargo were taken to the headquarters of the 56th IB of the Philippine Army at Norzagaray Bulacan. Lt. Col. Noel S. Clement was the Commanding Officer of the 56th IB at the time.
16. Police investigators took the statements of 5 Army officers: Lt. Col. Noel S. Clement; Lt. Col. Melquiades L. Feliciano, Commanding Officer, 56th IB who succeeded Lt. Col. Clement in January but relieved in May 2007; Lt. Col. Edison Caga, Commanding Officer 69th IB stationed in Pampanga who was assigned to secure the 56th IB headquarters when it went for training in November 2006; CPL Castro Bugalon and PFC Jose Villena III both assigned at the 56th IB. Copies of their statements are attached.
17. Lt. Col. Melquiades Feliciano was the commander of the 56th Infantry Battalion in April 2007 at the time Jonas disappeared. When asked by investigators when and how vehicle registration Plate No. TAB 194 was taken from his battalion, he said he realized that Plate No. TAB 194 was no longer attached to the vehicle of Mudlong when the police inquired about the plate. He said the plate may have been taken by the Communist Party of the Philippines because of their “effort to infiltrate the battalion”.
Ka Ramon & the Motive for Arbitrary Detention
18. According to Col. Feliciano “there were cases of infiltration sometime in 2005 wherein two soldiers were recruited on their side and they are giving valuable information. So this is another possibility that there is insider who will take that… out and give it to the other side. We also have this lady, another infiltrator, wherein we were able to neutralize it.”
19. One of these 2 soldiers recruited by the NPA was identified as Lt. Dick Abletes. Col. Feliciano organized an investigation team to monitor Lt. Abletes after he was observed by his co-officers to have this inclination to advocate some values and practices of the Communist Party of the Philippines during conversations.
20. A part of that investigation team was the 56th IB; the other part was Intelligence Service Group (ISG) headed by Col. Eduardo Ano. The team did the monitoring and surveillance and there was one incident that Lt. Abletes “was seen face to face talking to an unidentified members, suspected members of the CPP/NPA, and he was actually overheard saying things against the organization and in fact giving classified documents” to them. According to Col. Feliciano, “he was caught transmitting information, vital information to the CPP/NPA.”
21. The classified document given by Lt. Abletes to the NPA was the Working Order of Battle.
22. One of the suspected members of the CPP/NPA Lt. Abletes was seen talking to was Melissa Concepcion Reyes. Melissa Reyes is a rebel returnee under the custody of the 56th IB. She testified before the Court of Appeals on 13 May 2008 that Lt. Dick Abletes (or “Sir Dick”) is her friend. She came to know him when she underwent tactical interrogation by the 56th IB after they returned from training sometime in January 2008. Lt. Abletes used to come and see her at the Municipal Town Hall of Norzagaray where she worked and so did other rebel returnees.
22.1 She said Lt. Abletes confided in her that he too was a student activist and intimated he was sympathetic to the rebel’s cause and was willing to help. She mentioned him to Ka Jo (Reggie de la Rosa) an alleged NPA member with whom she was in contact with. Ka Jo gave Melissa a list of questions to be answered by Lt. Abletes and Melissa gave the list to him which he answered and gave the list with his answers back to Melissa who passed it on to Ka Jo (she called this military information “package”).
22.2 On the second occasion, Ka Jo sent several questions thru text messages to Melissa and for her to forward to Lt. Abletes for answers which she did and Lt. Abletes did text back the answers.
22.3 In February 2007, Melissa met with Ka Jo in order to “endorse” Lt. Abletes to him.
22.4 On March 23, 2007, Melissa introduced JR (who was sent by Ka Jo) to Lt. Abletes. This meeting was recorded on video by the Intelligence Security Group (Lt. Col Feliciano had suspected that Lt. Abletes was sympathetic to the NPA and requested ISG to conduct surveillance on Lt. Abletes). At this meeting, Lt. Abletes according to his prosecutor, Capt. Ventayen, (Lt. Abletes is under court martial) was supposed to have given to JR a copy of the Working Order of Battle. She admitted that she was the female in the video and that the document handed over by Lt. Abletes to her companion she identified as JR to be the Order of Battle.
22.5 Three days later, on March 26, 2007, Lt. Abletes was arrested by Lt. Col. Feliciano and detained at the Philippine Army headquarters at Fort Bonifacio. When Melissa testified she said that she was informed by Lt. Abletes by text sometime early April that he was sent for “schooling”.
22.6 Later that same April, Melissa was supposed to meet “with Ka Ramon and another comrade to discuss the possibility of arranging a meeting with a contact in the military” [Director General Razon affidavit, par. 4 (m)]. Melissa testified that Ka Jo told her that he will bring along a “kabarkada” whom she identified as “Mon”.
22.7 On April 28, 2007 she went to Cubao and later at the Baliwag Bus Station also somewhere in Quezon City where she met with Ka Jo. Together they went to the Ever Gotesco Mall where she waited at McDonald’s while Ka Jo went inside the mall (at the same time, Emerito Lipio and Marlon Manuel the other supposed witnesses of the police, were supposed to be waiting at Jollibee’s). After sometime, Ka Jo returned and told her to go home. She never saw or heard from Ka Jo again. She further testified that she was supposed to introduce Lt. Abletes to Ramon on April 28, 2007 at the Ever Gotesco Mall. She was not able to meet Ramon and she learned later that Ramon was abducted at that mall on that date. She further said that Jonas Burgos is the true name of Ramon.
23. In his testimony before the Court of Appeals, Col. Feliciano affirmed the fact that in the Order of Battle, the name of “Ka Ramon” is listed. Col. Feliciano corroborated the information submitted by Gen. Esperon to the CHR that Jonas Burgos has the alias of “Ramon”.
24. In my Petition For Writ of Amparo, one of the respondents was then Philippine National Police Director General Avelino Razon, Jr. who in his return filed with the Court of Appeals said:
“i) After being released on bail, subject Lipio was invited to CIDG Headquarters for further investigation wherein he disclosed that Jonas Burgos is a member of the CPP/NPA and is known as KA RAMON in the communist movement”.
PNP Chief Razon further mentioned in his return that -
“m) According to Ka Lisa (Melissa Concepcion Reyes), she was supposed to meet with @Ka Ramon and another comrade in the movement whom she identified only as @Ka JO in order to discuss the possibility of arranging a meeting with a contact in the military. She claimed that they were to meet at Ever Gotesco Mall at around noon time on April 28, 2007 which in effect corroborated the statements given by the two former witnesses (Emerito Lipio and Marlon Manuel). However, the meeting did not take place because Jonas Burgos did not arrive at the meeting place.”
Attached hereto is a copy of the Affidavit of PNP Chief Razon attached to his Return to the Writ.
25. The Commission on Human Rights also conducted anew an investigation on the abduction of my son. Among those whom they interviewed was Maria Vita Lozada, a member of the New People's Army since 2000 with the code name “KA MY.” She knew Jonas Burgos to have the code name “KA RAMON.” On March 2006, she became a rebel returnee and surrendered, interestingly enough, to the 56th IB, then under Lt. Col. Noel Clement.
26. Given the fact that Jonas is also known as Ramon, allegedly an NPA intelligence head in Bulacan to whom military information was given by Lt. Abletes, I believe that after Lt. Abletes was arrested, the ISG (under Col. Ano) and the 56th IB (under Col. Feliciano, which supplied plated no. TAB 194) set up Jonas for a meeting at Ever Gotesco Mall on April 28, 2007 and abducted and never to be seen again.
27. Under Article 124 of the Revised Penal Code:
“Art. 124. Arbitrary Detention. - Any public officer or employee who, without legal grounds, detains a person, shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
28. The elements of the crime of arbitrary detention are as follows:
a. That the offenders are public officers or employees.
Respondents are all members of the Armed Forces of the Philippines at the time of the incident:
Major Harry A. Baliaga Jr. (then Lieutenant) was an officer assigned with the Bravo Company of the 56th Infantry Battalion;
Lt. Col. Melquiades Feliciano was the Commander of the 56th Infantry Battalion
Col. Edgardo Ano was the head of the Intelligence Service Group (ISG) which, together with the 56th IB, conducted the investigation that led to the arrest of Lt. Dick Abletes and thereafter the abduction of Jonas Burgos
John Doe(s) and/or Mary Doe(s) then members of the 56th IB and/or ISG, members of the military and/or private individuals acting in concert with the other respondents.
b. That they detain a person
Jonas Joseph Burgos was kidnapped by a team directly sanctioned by Col. Feliciano and Col. Ano and comprising of members of the 56th IB and ISG under their direct control and supervision. Jonas was then illegally detained in a still undisclosed location from April 28, 2007 until the present.
The physical restraint upon Jonas' person directly resulted in the curtailment of his liberty.
Elsa Agasang, Larry Marquez and Jeffrey Cabintoy witnessed Jonas Burgos being forcibly taken by a group of 6 males and 1 female from the restaurant Hapag-Kainan at Ever Gotesco Mall. They witnessed the abductors dragging Jonas Burgos, against his will, from the restaurant forced him into a vehicle with Plate Number TAB 194.
Major Harry A. Ballaga Jr. of the 56th IB was positively identified by the witness Jeffrey T. Cabintoy as one of the abductors of Jonas Burgos. He was also identified by witness Edmond Dag-Uman to be an officer then assigned at the Bravo company of the 56th IB.
c. That the detention is without legal grounds.
Based on the testimonies of Elsa Agasang, Jeffrey T. Cabintoy and Larry Marquez, the perpetrators identified themselves to the public as “PULIS” and forcibly took Jonas Burgos. He was eating at the restaurant when the perpetrators approached him. He was not committing any crime. Instead, it appears that Jonas Burgos was kidnapped and detained on suspicion of being a member of the CPP/NPA who is included in the Order of Battle of the Philippine Army and who is purportedly the recipient of military information being passed by Lt. Dick Abletes.
Jonas Joseph Burgos was confirmed by no less than General Esperon to be a member of the New People's Army using the alias “Ka Ramon” and whose name is included in the Order of Battle.
Col. Feliciano and Col. Ano confirmed the conduct of a surveillance operation starting March 2007 which led to the arrest of Lt. Dick Abletes for passing military information to the CPP/NPA. Thereafter, as a continuation of the same operation, the Feliciano and Ano ordered the abduction of Jonas, believing him to be another intended recipient of the information being passed by Abletes.
Witness Melissa Reyes is a rebel returnee under the custody of the 56th IB who confirmed that she was a friend of Lt. Abletes who “endorsed” Abletes to Ka Jo, another member of the CPP/NPA. She further confirmed that on April 28, 2007, she was supposed to introduce Lt. Abletes to Ka Ramon at the Ever Gotesco Mall but they were not able to meet. She later learned that Ramon was abducted at the mall on that same date and that Jonas Burgos is the true name of Ka Ramon.
Verily, the kidnapping and arbitrary detention of Jonas Burgos was bereft of any legal ground. No warrant for his arrest exists that would justify his arrest and detention.
29. In the case of Benito Astorga vs. People of the Philippines, (G.R. 154130, October 1, 2003), the Supreme Court held:
“Before closing, it may not be amiss to quote the words of Justice Perfecto in his concurring opinion in Lino v. Fugoso, wherein he decried the impunity enjoyed by public officials in committing arbitrary or illegal detention, and called for the intensification of efforts towards bringing them to justice:
'The provisions of law punishing arbitrary or illegal detention committed by government officers form part of our statute books even before the advent of American sovereignty in our country. Those provisions were already in effect during the Spanish regime; they remained in effect under American rule; continued in effect under the Commonwealth. Even under the Japanese regime they were not repealed. The same provisions continue in the statute books of the free and sovereign Republic of the Philippines. This notwithstanding, and the complaints often heard of violations of said provisions, it is very seldom that prosecutions under them have been instituted due to the fact that the erring individuals happened to belong to the same government to which the prosecuting officers belong. It is high time that every one must do his duty, without fear or favor, and that prosecuting officers should not answer with cold shrugging of the shoulders the complaints of the victims of arbitrary or illegal detention.
Only by an earnest enforcement of the provisions of articles 124 and 125 of the Revised Penal Code will it be possible to reduce to its minimum such wanton trampling of personal freedom as depicted in this case. The responsible officials should be prosecuted, without prejudice to the detainees right to the indemnity to which they may be entitled for the unjustified violation of their fundamental rights.'
Obstruction of Justice
30. Under Presidential Decree No. 1829, Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders:
“Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos or both, shall be imposed upon any person who knowingly or wilfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:
x x x
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or the court.
31. The police investigators headed by P/Supt. Jonnel Estomo took the statements of five (5) Army officers in connection with the abduction of Jonas: Lt. Col. Noel S. Clement; L. Col. Melquiades L. Feliciano, Lt. Col. Edison Caga, Cpl. Castro Bugalon; and PFC Jose Villena III. All five denied any involvement in the enforced disappearance of Jonas but none can explain why or how the license plate TAB 914, which was supposed to be in their custody, was used in the abduction. Thereafter, and despite the circumstantial evidence pointing to the members of the 56thIB as perpetrators of the kidnapping, the participation of the military was perfunctorily set aside. Instead, Estomo ended his investigation with a recommendation that appropriate charges be filed against Mauro Mudlong and the management of Hapag-Kaininan for failure to cooperate, as well as administrative charges against army officers and enlisted personnel for “infidelity of not reporting and documenting properties under their responsibility.” No further investigation of the military personnel was conducted. Attached is a copy of his report dated 25 June 2007.
32. On July 11, 2007, I filed a Petition for Habeas Corpus (CA-GR SP No. 99839) before the Supreme Court against President Gloria Macapagal Arroyo, General Hermogenes Esperon Jr., Lt. Gen. Romeo Tolentino, Maj. Gen Juanito Gomez, Maj. Gen. Delfin Bangit, Lt. Col. Noel Clement, Lt. Col. Melquiades Feliciano and Director General Oscar Calderon. On December 19, 2007, I filed a Petition for Writ of Amparo (CA GR SP 00008) against Gen. Hermogenes Esperon (CS AFP), Lt. Gen. Alexander Yano (CGPA), Dir. Gen. Avelino Razon, Jr. (Chief, PNP) and Dr. Purificacion Quisumbing (Chair, CHR).
33. The Respondents therein filed their respective Returns to my Petitions.
a. General Esperon. In his affidavit, Gen. Esperon merely stated “that an investigation Report was submitted to me by the Provost Marshal General on May 22, 2007 with pertinent finding that the investigation conducted cannot pinpoint with accuracy involvement of any military personnel in the abduction in the absence of direct evidence.”
However, in his testimony before the Court of Appeals, the Provost Marshal General Abadilla said that his investigation focused on the matter of Plate No. TAB 194 – how it happened that it was identified by the witness security guard Larry Marquez to be attached to the vehicle into which Jonas was forced into despite the fact that Plate No, TAB 194 was supposed to be in the custody of the 56th IB. The Provost Marshal testified that he did not investigate the case of the enforced disappearance of Jonas because he said it was the subject of a separate police investigation.
Thus, in order to forestall any further investigation to be made by the Philippine National Police on the military personnel involved, Gen. Esperon made it appear that (a) the military had already conducted its own investigation on the disappearance of Jonas; and (b) per their investigation, there is nothing to indicate with accuracy the involvement of any military personnel. In truth and in fact, however, the only investigation conducted is on the purportedly missing license plate itself.
b. General Romeo Tolentino. Gen. Tolentino was the Commanding General of the Philippine Army at the time of the disappearance of Jonas. Col. Feliciano asked help from him for the surveillance of Lt. Abletes. He ordered Col. Ano of ISG to help the 56th IB to monitor the activities of Lt. Abletes. The joint operation of the ISG under Col. Ano and 56th IB under Col. Feliciano was reported to him. I believe the abduction and detention of Jonas was also reported to him. He denied in his return and therefore lied to the Court of Appeals that the Army had custody of Jonas when in fact he knew and still knows that the ISG and 56th IB took Jonas is or was detaining him. Attached hereto is a copy of his Return filed before the Court of Appeals.
c. Lt. General Alexander Yano. Then Commanding General of the Philippines Army, Gen. Yano who succeeded Gen. Tolentino, categorically stated that “For the record, I categorically state that the Philippine Army or any of its personnel do not have or had in their custody Jonas Burgos, or had any participation in the reported abduction of Jonas Burgos.” Attached hereto is a copy of his Affidavit attached to his Return filed before the Court of Appeals.
Such a categorical statement coming from the Commander himself of the Philippine Army bore much weight. As a result of his sweeping conclusion, sans any investigation, he absolved his men from any liability despite the fact that the enforced disappearance of Jonas Burgos is part of the military operation on the arrest and court martial of Lt. Dick Abletes of the 56th IB. The false information was intended to mislead the police investigators and to draw attention away from the military and onto the NPA.
d. Dir. Gen. Avelino Razon. As if acting in concert with the Philippine Army, the PNP under Dir. Razon was just as quick to absolve the military. In his Affidavit attached to the Return filed before the Court of Appeals, Dir. Razon stated “the Criminal Investigation and Detection Group (CIDG) had transmitted to the Department of Justice the pertinent records of the investigation for its review and evaluation and possible eventual filing of appropriate charges against Delfin de Guzman et. al. for alleged kidnapping and illegal detention of Jonas Joseph Burgos. Likewise, the CIDG is coordinating with the other units of the PNP for the immediate arrest of Delfin de Guzman and his cohorts who are responsible for the kidnapping.” The PNP Chief has completely absolved the military for the crime committed despite the identification of Plate No. TAB 194 traced to the 56th IB and the connection of the arrest and court martial of Lt. Dick Abletes of the 56th IB with the disappearance of Jonas.
Attention of this Honorable Office is invited to the fact that the Department of Justice did not find probable cause to accuse Delfin De Guzman for the abduction of Jonas. In fact, Atty. Fadullon of the DOJ had specifically stated that there is no pending preliminary investigation on the disappearance of Jonas as no case had yet been referred by the PNP. Thus, the investigation of Jonas died a natural death, assuming there was any real investigation at all.
34. The foregoing acts of Generals Esperon, Tolentino, Yano and Razon constitute “obstruction of apprehension and prosecution of criminal offenders” as defined under Section 1(i) of Presidential Decree No. 1829. They have displayed a concerted effort to mislead and prevent a true and complete investigation into the disappearance of Jonas Burgos. They knew fully well that the disappearance of Jonas was the result of a military operation intended to flush out suspected CPP/NPA leaders who they believed to be recipients of the information being released by Lt. Dick Abletes of the 56th IB. The respondents released false information to me and to the public to mislead the investigators into formulating a story that the NPA was responsible for the disappearance of my son. Had they not coddled and protected the officers and personnel of the 56th IB and the ISG, I could have been reunited with my son who remains missing until now.
35. I therefore hold them liable for the enforced disappearance of my son. I am executing this Affidavit to attest to the truth of the foregoing and in support of my complaint for violation of Article 124 of the Revised Penal Code (Arbitrary Detention) or possibly Murder against:
MAJOR HARRY A. BALIAGA JR
LT.COL. MELQUIADES FELICIANO
COL. EDUARDO ANO
JOHN DOES and/or MARY DOE(s)
And complaint for violation of Presidential Decree No 1829 against:
GEN. HERMOGENES ESPERON
LT. GEN. ROMEO TOLENTINO
LT. GEN. ALEXANDER B. YANO
DIR. GEN. AVELINO RAZON, JR.
IN WITNESS WHEREOF I hereunto affix my signature this ___ day of June 2011.
EDITA T. BURGOS
SUBSCRIBED AND SWORN to before me this ____ day of June 2011, at Manila, Philippines.
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM PERSONALLY SATISFIED THAT SHE HAS READ THE FOREGOING AFFIDAVIT AND UNDERSTOOD THE CONTENTS THEREOF.
PROSECUTOR GENERAL CLARO A. ARELLANO