Jonas Burgos 'abductor' still on active duty, Army confirms

Jaime Sinapit, InterAksyon.com

MANILA, Philippines – An Army major tagged as a key figure in the 2007 abduction of activist-farmer Jonas Burgos remains in active duty and accessible to investigators, the Philippine Army spokesman said Tuesday.

This, as the Armed Forces of the Philippines confirmed receipt of a copy of the March 18 Court of Appeals ruling describing the Burgos abduction as an ”enforced disappearance” and citing the Army as ”accountable.” The AFP is meeting with the Office of the Solicitor General to map out its legal options.

"Maj. Harry Baliaga Jr. ”is on active duty, he is a staff of the Adjutant Office at the Philippine Army Headquarters,” Lt. Col. Randolph Cabangbang said in an interview.

Cabangbang said there is no order yet to relieve Baliaga from his position. “He is not yet charged with anything. We have to abide by due process. Once a charge is filed against him in court, only then will he be automatically relieved of his position,” he said.

The family of Burgos earlier tagged Baliaga as among the officers involved in the April 28, 2007, abduction of Jonas as he lunched inside a restaurant at the Ever Gotesco Mall in Quezon City. Five men and a woman dragged him to a waiting vehicle and sped to an unknown direction.

In March 2011, the military top brass ordered the immediate superior of Baliaga to immediately re-assign him to Fort Bonifacio while an investigation was being conducted into his alleged participation in the abduction.

Baliaga, then a first lieutenant, was tagged by the Commission on Human Rights (CHR) as “principal abductor” of Burgos and the agency recommended the filing of charges against him before the Department of Justice (DOJ).

He was then a member of the Special Forces (SF) under the Detached Service (DS) of the Special Operations Command (SOCOM) and assigned at the Department of Ground Warfare at the Philippine Military Academy (PMA) at Fort del Pilar in Baguio City.

Baliaga was relieved of all his duties and responsibilities and was placed at the Army’s holding area. It was only on Tuesday that it was learned Baliaga is currently assigned with the Adjutant’s office.
"We will just wait because the decision is being reviewed right now and as soon as we hear from our Judge Advocate we will take necessary steps. But right now he is entitled to duty because of the absence of a legal complaint,” Cabangbang said.

On March 18,  the Court of Appeals (CA) concluded a three-year investigation ordered by the Supreme Court and concluded that Burgos was the victim of an “enforced disappearance” perpetrated by the Army.

AFP taps OSG to plot legal options

Meanwhile, military spokesman Col. Arnulfo Marcelo Burgos Jr. said they welcomed a reopening of the case. Burgos’ mother, Edita, filed on April 1 an urgent ex parte motion before the Supreme Court, asking it to direct the CA to resume investigation on the basis of “newly discovered evidence” submitted under seal to the SC.

"We are one with the Filipino people in the search for truth and justice. Whatever the order that will be coming from the higher court, we will just cooperate with any investigating authority, we will abide by the rule of law,” the AFP’s Colonel Burgos said. He added that they have already received a copy of the CA decision through the AFP Judge Advocate General Office (JAGO).
"We have initiated a meeting with the Solicitor General and military lawyers. They are working for possible legal options, remedies that may be undertaken as a result of the decision of the CA,” he said.

Colonel Burgos said their legal pool will submit their suggestions to AFP Chief of Staff Gen. Emmanuel Bautista for approval.

http://www.interaksyon.com/article/58500/jonas-burgos-abductor-still-on-active-duty-army-confirms