MANILA, Philippines - An Army major implicated in the disappearance of political activist Jonas Burgos in 2007 surrendered to the court yesterday and posted P40,000 bail.
Maj. Harry Baliaga Jr., accompanied by his lawyer Bumin Pasiwen, appeared before the Quezon City Regional Trial Court Branch 216 more than one month after Judge Alfonso Ruiz II issued a warrant for his arrest on charges of arbitrary detention. The court set Baliaga’s arraignment on Nov. 12.
Baliaga – as well as three still unnamed men and a woman – was charged for the disappearance of Burgos following a 14-page review resolution of the Department of Justice (DOJ) on Sept. 3.
The resolution said Baliaga was identified by a witness as among those who snatched Burgos in a restaurant in Quezon City on April 28, 2007.
Baliaga, however, said he was at his former girlfriend’s house in Baguio City on the day of Burgos’ abduction. The court, however, said Baliaga failed to substantiate his defense since he could secure affidavits of relatives and friends who could have said he was in Benguet when Burgos was kidnapped.
During the preliminary investigation, Baliaga insisted that he did not know and had never met Burgos. He also questioned the testimony of the witness, a busboy at the restaurant, saying it was highly improbable for the witness to remember the details of the kidnapping.
Prosecutors, however, said the identification of a witness would prevail over “unsubstantiated denial coupled with alibi.â€
Baliaga said yesterday he is optimistic that he will be cleared of the charges against him.
“We still believe in the justice system. This is the same justice system that will exonerate me. I believe 100 percent that I will be cleared,†Baliaga told Solar News.
Baliaga said he has been waiting for the opportunity to explain his side on the issue, which activists claimed reflects the human rights abuses under the government. He said the case has affected his career in the military. Officers involved in cases are usually placed under the support command instead of doing their normal tasks.
“I am losing track of the career path that I was supposed to tread because of the accusations against me,†Baliaga said.
The case stemmed from the case filed by Burgos’ mother, Edita, before the DOJ accusing several officials of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) of being behind the disappearance of her son.
Aside from Baliaga, Edita also accused former AFP chief Hermogenes Esperon, former Army chief Romeo Tolentino, former Lt. Gen. Alexander Yano, and former PNP chief Avelino Razon of obstruction of justice.
Edita also accused Lt. Col. Melquiades Feliciano and Col. Eduardo Año of arbitrary detention.
The DOJ prosecutors, however, found no probable cause to file charges against the other officers.