Supreme Court orders CHR to probe Burgos disappearance

MANILA, Philippines - The Supreme Court (SC) has ordered the Commission on Human Rights (CHR) to investigate the disappearance of activist Jonas Burgos more than three years ago.

In a resolution penned by Associate Justice Arturo Brion, the SC gave the CHR 90 days to submit its report and furnish copies to the family of Burgos.

Under the Constitution, the CHR is empowered to investigate all forms of human rights violations, including civil and political rights, the SC said.

The SC directed the CHR to conduct appropriate proceedings including field investigations, to determine the identities of two of the kidnappers, as well as their whereabouts.

“No search and certification were ever made on whether these persons were AFP personnel or in other branches of the service, such as the Philippine Air Force...Notably, the (Philippine National Police-Criminal Investigation and Detection Group or PNP-CIDG), as the lead investigating agency in the present case, did not appear to have lifted a finger to pursue these aspects of the case,” read the resolution.

The SC also ordered the military and police to make available and to provide copies to the CHR of all documents and records in their possession in connection with the Burgos case.

“Considering the findings of the (Court of Appeals) and our review of the records of the present case, we conclude that the PNP and the AFP (Armed Forces of the Philippines) have so far failed to conduct an exhaustive and meaningful investigation into the disappearance of Jonas Burgos; and to exercise the extraordinary diligence (in the performance of their duties) that the rule on the writ of amparo requires,” read the resolution.

The SC said based on information provided to Burgos’ mother, Editha, by State Prosecutor Emmanuel Velasco, the persons possibly involved in the kidnapping of Burgos were Army T/Sgt. Jason Roxas, Air Force Cpl. Maria Joana Francisco, Air Force M/Sgt. Aron Arroyo, and an alias T.L., all reportedly assigned with Military Intelligence Group 15.

Police failed to look into the veracity of Emerito Lipio’s and Marlon Manuel’s claims that Burgos was snatched by the New People’s Army, the SC added.

In her petition for review, Burgos’ mother asked the SC to hold the respondents accountable under the doctrine of command responsibility, having presumed to have known that the enforced disappearance was caused by their subordinates and yet failed to take corrective action.