INQUIRER FILE PHOTO
MANILA, Philippines—Counsel for the family of missing farmer-activist Jonas Burgos has asked the Department of Justice to reconsider its decision dismissing charges of arbitrary detention against military intelligence chief Brigadier General Eduardo Año and another Philippine Army official.
Lawyers Edre Olalia and Ricardo Fernandez, on behalf of Burgos’ mother Edita, also asked the department to reinstate charges of obstruction of justice against retired Armed Forces of the Philippines chiefs Hermogenes Esperon Jr. and Alexander Yano, retired national police chief Avelino Razon Jr. and former Philippine Army commanding general Romeo Tolentino.
The lawyers released a copy of their motion for reconsideration to the press only on Friday. It was dated September 23.
The lawyers said there was enough circumstantial evidence to link Año, along with Colonel Melquiades Feliciano and Major Harry Baliaga Jr. Jonas Burgos’ abduction and disappearance.
The lawyers said all three military officers had knowledge of Jonas’ abduction because they were involved in the investigation of a soldier who allegedly had ties to communist leaders, one of whom was a certain Ramon whom the military believed was Jonas.
In a decision issued last September 3, the justice department recommended that only Baliaga be indicted for arbitrary detention; Feliciano and Año were exonerated due to lack of probable cause. No murder case was filed because Jonas, son of martial law press freedom hero Joe Burgos, has never been found nor his fate ascertained.
A witness earlier identified Baliaga as one of those who abducted Jonas from a restaurant in a mall in Quezon City on April 28, 2007.
Esperon, Yano, Tolentino and Razon were also cleared of covering up Jonas’ abduction. However, Mrs. Burgos’ lawyers called for the reinstatement of the charges of obstruction of justice against the retired generals, noting that the Court of Appeals, in a decision last March 18, declared the AFP, the Army and PNP were accountable for the enforced disappearance.
As heads of the military at the time of and police during Jonas’ disappearance, the four were liable via the principle of command responsibility, the lawyers added.