AFP prepares for possible reopening of Burgos case

MANILA, Philippines - The Armed Forces of the Philippines (AFP) is now weighing its legal options in the wake of moves seeking to reopen the case of missing activist Jonas Burgos.

“Our military lawyers have met with the Solicitor General. At the meeting they are working for possible legal options, remedies that may be undertaken as a result of the decision of the Court of Appeals,” AFP spokesman Col. Arnulfo Burgos Jr. told reporters Tuesday.

“The report will be submitted to the Chief of Staff together with the summary of all the documents that they have received from the court of appeals,” Burgos added.

Burgos said they would fully cooperate with the investigation on the case, which has tainted the military’s public image.

“We will coordinate with the investigating bodies. Our intent is to put a closure on this issue,” he said. “We are not hiding anything.”

Last week, the Court of Appeals ruled that the military, particularly the Army, is accountable for Burgos' enforced disappearance.

The appellate court also pointed to Maj. Harry Baliaga Jr. as the one responsible for the activist’s disappearance.

The ruling, which stemmed from petitions for habeas corpus by Jonas’ mother Edita, also ordered the military and police to continue investigations until the persons responsible are brought to justice.

The court also recognized the abduction of Jonas as a case of enforced disappearance covered by the Rule on the Writ of Amparo.

Army spokesman Lt. Col. Randolph Cabangbang said Baliaga is working for the Adjutant’s office in the Army Headquarters.

“If a case is filed against a person, automatically, he will be relieved of his position,” Cabangbang said.

The military said the family of Jonas has the right to seek legal remedies to attain justice.

“We are all seeking to find out what really happened,” Cabangbang said.

When asked whether he can declare that Jonas is not in the Army’s custody, Cabangbang replied, “It remains to be investigated.”

Military officials had said that they cannot produce the missing activist since he is not under their custody. The military had also belied allegations that its soldiers are behind the abduction of Jonas.

On Monday, Edita asked the Supreme Court to order the Court of Appeals to reopen the case of her son, saying there are new pieces of evidence that can pin down those behind his disappearance.

Edita presented documents entitled “After Apprehension Report,” a “Psycho Social Processing Report” and an “Autobiography of Jonas Burgos” that were supposedly taken from confidential Army records.

She claimed the documents would prove that an intelligence unit of the Army’s 7th division and 56th battalion were behind Jonas’ abduction in Quezon City.

Burgos was reportedly abducted by armed men in 2007 and was dragged to a Toyota Revo van whose license plates were traced to another vehicle earlier impounded by the military in Bulacan.

The Commission on Human Rights earlier said the military should be held liable for Burgos’ disappearance.