Army major refuses to enter plea in Burgos case

MANILA, Philippines - The Philippine Army major charged with arbitrary detention for the disappearance of political activist Jonas Burgos in 2007 refused to enter a plea during his arraignment Tuesday.

The court, under the sala of Quezon City Regional Trial Court Branch 216 Judge Alfonso Ruiz II, entered a plea of “not guilty” for Major Harry Baliaga Jr., who denied having a hand in the disappearance of Burgos.

Prior to the arraignment, Baliaga’s lawyer Bumin Pasiwen asked the judge to defer his arraignment due to a pending motion for reconsideration that they filed before the Department of Justice (DOJ).

He cited Rule 116 of the Revised Rules of Criminal Procedure, which allows suspension of arraignments if a petition for review is pending before the DOJ or the Office of the President.

However, private prosecutor Edre Olalia of the National Union of People’s Lawyer (NUPL) said the appeal pending before the DOJ was not a petition for review but a motion for reconsideration. He also noted that the motion only repeated the same defenses and alibi that Baliaga stated in his counter-affidavit.

Ruiz denied the motion to defer the arraignment and ordered the reading of charges against Baliaga. Pasiwen said his client will not enter a plea because of their pending appeal.

Innocent

Following the arraignment, Baliaga again maintained his innocence and denied the allegations hurled against him.

“Wala akong kasalanan. I did not do anything,” he said.

In a 14-page review resolution dated Sept. 3, Assistant state prosecutor Gerard Gaerlan recommended the filing of arbitrary detention in violation of article 124 of the Revised Penal Code against Baliaga, three John Does, and a Jane Doe.

The resolution, which was approved by Prosecutor General Claro Arellano, said Baliaga was positively identified by an eyewitness as among those who abducted Burgos at a restaurant in Quezon City on April 28, 2007.

It noted that Baliaga failed to substantiate his defense when he could have easily secured affidavits of relatives and friends who could have affirmed his presence in the Benguet province during the time of the abduction.

During the preliminary investigation, Baliaga insisted that he does not know and has never met Burgos.

He also questioned the testimony of the witness, a busboy at the restaurant, saying it is highly improbable for him to remember the details of the abduction.

He said that he was at the house of his former girlfriend in Baguio City on the day of Burgos’ abduction.

But according to the investigating prosecutor, the positive identification of the respondent would prevail over his “unsubstantiated denial coupled with alibi.”

In his 10-page motion for reconsideration dated Sept. 23, Baliaga – through Pasiwen – said that there was no evidence showing that Burgos was detained or is being detained by the respondents.

He added that the statement of the witness was a result of a “fishing expedition” of the Commission on Human Rights and that there is every reason to doubt the regularity of the identification made by the witness.

Pasiwen said that the person identified by the witness in the Facebook account of the Philippine Military Academy Batch 2000 is not Baliaga but a different person. He also said that they submitted affidavits to support his client’s claim that he was not in Manila at the time of the alleged incident.

“The foregoing affidavits would categorically prove that respondent Baliaga was in Baguio City and in Mountain Province from 27 April 2007 to 01 May 2007. Yet, this Honorable Office totally disregarded and ignored these affidavits,” the lawyer added.

Mom still hoping to find Jonas

Edita Burgos, the mother of the missing activist, said after court proceedings that she still hopes to find his son even after more than six years from his disappearance.

“That is the very reason that I continue this, because I want to find him. He has to be reconciled with the family. Granting that it is God’s will that we will not find him, it is my job as a mother to look for him,” she said.

Edita said that the fact that Baliaga did not enter a plea means that “there is something there.” She said that they are also appealing the DOJ resolution, which dropped the complaint against several officials of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) of perpetrating the enforced disappearance of her son.

“I do not believe that this major, at the time he was a colonel, would do something that has not been ordered by his superiors unless he had another motive,” said Edita.

“Personally I don’t think so… He must have been ordered to do this,” she added.

Aside from Baliaga, Edita also accused former AFP chief of staff Hermogenes Esperon, former Army chief Lt. Gen. Romeo Tolentino, Lt. Gen. Alexander Yano, and former PNP chief Avelino Razon of obstruction of justice.

Lt. Col. Melquiades Feliciano and Col. Eduardo Año were also accused of arbitrary detention.

The DOJ prosecutors, however, found no probable cause to file charges against the other officers.

In their motion for reconsideration, the NUPL said the other officers are criminally liable for the disappearance of Burgos under the principle of command responsibility.