June 9, 2011
Hon. Claro A. Arellano
National Prosecution Service
Department of Justice
S I R:
It has been a long four years, one month, one week and five days of search for my son Jonas Joseph T. Burgos, a victim of enforced disappearance.
Taking all the avenues to recover Jonas: I filed an information with the Commission of Human Rights in May, 2007, a complaint with the Q.C. police in June, 2007, the NCR-CIDG office in July, 2007, a petition for Habeas Corpus with the Supreme Court in August 16, 2007 and Petition for the issuance of a Writ of Amparo in December 19, 2007. The Court of Appeals (after 33 hearings in 10 months) in July 17, 2008 dismissed my Petition for the Writ of Habeas Corpus and partially granted the privilege of the Writ of Amparo. In August of 2008, I filed a Petition with the Supreme Court seeking the reversal of the resolution of the Court of Appeals and after almost a year, in June 29, 2010, the Supreme Court ordered the Commission on Human Rights to investigate thoroughly the enforced disappearance of Jonas because of ‘serious lapses’ in the investigation of the case. Finally, in March 15, 2011 the Commission on Human Rights submitted its Investigation Report with recommendations to the Supreme Court.
Mr. Prosecutor General, while we diligently followed the ‘correct’ process in a land where the rule of law is supposed to prevail, even as I and my family endured the daily torture of wondering what has happened to Jonas, where he is now and what he must be undergoing, the implementers of the law who investigated my son’s disappearance not only failed in their sworn duty to implement the law, but worse and obviously, deliberately refused to uncover the facts.
Yet in all these, God is good, and the CHR has uncovered new facts which I pray will lead us to find Jonas.
It is therefore with a ray of hope that I am herewith filing my Affidavit Complaint against:
Major Harry A. Baliaga Jr.
Lt. Col Melquiades Feliciano
Col. Eduardo Ano, and
John Does and/or Mary Doe(s)
for the violation of Article 124 of the Revised Penal code (Arbitrary Detention) or possibly murder, in the enforced disappearance of my son, Jonas Joseph T. Burgos;
Gen. Hermogenes Esperon
Gen. Romeo Tolentino
Lt. Gen. Alexander B. Yano
Gen. Avelino Razon
for the violation of Presidential Decree No. 1829 (Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders).
I pray along with my family that the Office of the Prosecutor General would expeditiously and sincerely act on these Complaints and restore the confidence, so sorely eroded, in the justice system of the Philippine Government.
With the hope of recovering my son alive and well, I am respectfully yours,
EDITA T. BURGOS, OCDS
Mother of Jonas
June 09, 2011
Reference : Edita Burgos – 09177476131
Free Jonas Burgos Movement
Mother of Jonas files Criminal Case vs Maj. Harry Baliaga et. al
Edita T. Burgos, mother of missing farmer-activist Jonas Burgos, today filed a case of arbitrary detention and obstruction of justice against officers of the Philippine Army and Philippine National Police at the Prosecutor General office of the Department of Justice.
In her affidavit-complaint, arbitrary detention was filed against Major Harry A. Baliaga, Jr. Lt. Col. Melquiades Feliciano and Col. Eduardo Ano of the AFP. In the March 15 report of the Commission on Human Rights, Maj. Baliaga was identified by a witness as one of the abductors of Jonas. Col. Feliciano at that time was Maj. Baliaga’s commanding officer in the 56th IB based in Bulacan, while Col. Ano was then head of the Intelligence Security Group.
Also cited in the complaint for obstruction of justice are retired generals Hermogenes Esperon of the AFP, Romeo Tolentino and Alexander Yano of the Philippine Army and Avelino Razon of the Philippine National Police.
“Through the filing of this case, we hope to be a step closer to finding my son, and ultimately, attaining justice,” Mrs. Burgos said.
In her letter to the Prosecutor General, Edita said that while her family “diligently followed the ‘correct’ process in a land where the rule of law is supposed to prevail, even as (she and her family) endured the daily torture of wondering what has happened to Jonas, where he is now and what he must be undergoing, the implementers of the law … not only failed in their sworn duty to implement the law, but worse and obviously, deliberately refused to uncover the facts.
“It pains us that the process is slow, but we shall continue until Jonas is returned to us,” she added.###