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SPECIAL PROCEDURE | B2015 CASE DIGESTS

BURGOS v. GMA
July 5, 2011 Brion, J. Dave- The case is all facts, sparse doctrinal part on topical issues

SUMMARY: Jonas Burgos a farmer advocate and a member of Kilusang Magbubukid sa Bulacan was abducted at Ever Gotesco Mall, Commonwealth Avenue, ue!on Cit"# Edita Burgos filed a $etition for the %ssuance of the &rit of 'abeas Cor$us, &rit of Am$aro, and a $etition to declare uncoo$erative arm" officials in Contem$t# (he CA $artiall" granted the &rite of Am$aro and denied the &rit of 'abeas Cor$us and $etition for Contem$t# CA found that the evidence failed to establish her claimed direct connection between the abductors of Jonas and the militar"# %t also found that the Armed )orces of the *hili$$ines +A)*, and the *-* did not full" e.ert their effort in the conduct of investigation# (he ruling of the CA was brought to the /C# (he /C ordered *-* and A)* to coo$erate with the C'0 investigations, and granted the &rit of 'abeas Cor$us, re1uiring arm" officials to $roduce the bod" of Jonas Burgos# 'owever, the" were not held in contem$t since there was no $roof be"ond reasonable doubt "et of their false returns# DOCTRINE: /ection 23 of the 0ule on the &rit of Am$aro $rovides that an" $erson who otherwise disobe"s or resists a lawful $rocess or order of the court ma" be $unished for contem$t# Contem$t is not $resumed# %n $roceedings for criminal contem$t, the defendant is $resumed innocent and the burden is on the $rosecution to $rove the charges be"ond reasonable doubt# (he $resum$tion of innocence can be overcome onl" b" $roof of guilt be"ond reasonable doubt#

Am$aro, and a $etition for Contem$t# (he CA $artiall" granted the &rite of Am$aro and denied the &rit of 'abeas Cor$us# CA found that the evidence failed to establish her claimed direct connection between the abductors of Jonas and the militar"# %t also found that the Armed )orces of the *hili$$ines +A)*, and the *-* did not full" e.ert their effort in the conduct of investigation# (he /C issued a 0esolution referring the case to the Commission on 'uman 0ights +C'0,, as the Court9s directl" commissioned agenc" tasked with the continuation of the investigation of Jonas Burgos9 abduction and the gathering of evidence, with the obligation to re$ort its factual findings and recommendations to the Court# (he C'0 investigations found that militar" men were identified b" witnesses as those who abducted Burgos, and sought the Court9s hel$ in directing the *-* and A)* to coo$erate with the investigation, since the" were refusing to#(he ruling of the CA was brought to the /C#

ISSUES: I. WON Writ of Amparo sho !" #$ %ra&t$"' h$!" i& a#$(a&)$* p$op!$ imp!i)at$" as+$" to fi!$ )omm$&t II. WON Writ of ,a#$as Corp s sho !" #$ %ra&t$"' YES %II. WON the army officials are guilty of contempt RU-ING: RATIO:

FACTS: 4n A$ril 56, 5778, Jonas Jose$h (# Burgos a farmer advocate and a member of Kilusang Magbubukid sa Bulacan was forcibl" taken and abducted b" a grou$ of four men and a woman from the e.tension $ortion of 'a$ag Kainan 0estaurant, at Ever Gotesco Mall, Commonwealth Avenue, ue!on Cit"# Edita Burgos filed a $etition for the %ssuance of the &rit of 'abeas Cor$us, &rit of

I. Writ of Amparo (he C'0 investigation found that :t# 'arr" A# Baliaga, Jr#, of the ;3th %nfantr" Battalion, 8th %nfantr" <ivision, *hili$$ine Arm" is one of the abductors of Jonas, and so the /C held in abe"ance their ruling on the merits in the Am$aro as$ect of the case and referred it

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back to the CA for :t# Baliaga and the $resent Am$aro res$ondents to file their res$ective Comments on the C'0 0e$ort within fifteen da"s# (he CA shall continue with the hearing of the Am$aro $etition in light of the evidence $reviousl" submitted, the $roceedings it alread" conducted and C'0 0e$ort# (hereafter, the CA shall rule on the merits of the Am$aro $etition# (he Court reiterated its 0esolution re1uiring the Chiefs of the A)* and the *-* to make available to the C'0 all documents and records in their $ossession and as the C'0 ma" re1uire, relevant to the case of Jonas, sub=ect to reasonable regulations consistent with the Constitution and e.isting laws# /ection 23 of the 0ule on the &rit of Am$aro $rovides that an" $erson who otherwise disobe"s or resists a lawful $rocess or order of the court ma" be $unished for contem$t>
/EC# 23# Contem$t# (he court, =ustice or =udge ma" order the res$ondent who refuses to make a return, or who makes a false return, or an" $erson who otherwise disobe"s or resists a lawful $rocess or order of the court to be $unished for contem$t# (he contemnor ma" be im$risoned or im$osed a fine

be released from detention# %II. WON the army officials are guilty of contempt- Not proven beyond reasonable doubt (he $ertinent $rovision of the 0ules of Court on contem$t, in relation to a 'abeas Cor$us $roceeding, is /ection 23, 0ule 275, which $rovides>
/ec# 23# Penalty for refusing to issue writ, or for disobeying the same. - A clerk of a court who refuses to issue the writ after allowance thereof and demand therefor, or a person to whom a writ is directed , who neglects or refuses to obe" or make return of the same according to the command thereof, or ma es false return thereof! or who, u$on demand made b" or on behalf of the $risoner, refuses to deliver to the $erson demanding, within si. +3, hours after the demand therefor, a true co$" of the warrant or order of commitment, shall forfeit to the $art" aggrieved the sum of one thousand $esos, to be recovered in a $ro$er action, and may also be punished by the court or "udge as for contempt #

Acting on the C'09s recommendation, the Court re1uired General 0oa of (JAG, A)*, and the <e$ut" Chief of /taff for *ersonnel, J%, A)* and the Chief of /taff, A)*, to show cause and e.$lain, within fifteen +2;, da"s from recei$t of the 0esolution, wh" the" should not be held in contem$t of this Court for def"ing the /C9s $revious 0esolution with their refusal to coo$erate with C'09s investigation# II. Writ of Habeas Corpus Based on the findings of C'0 im$licating Arm" $ersonnel9s involvement in the abduction of Burgos, the Court set aside the CA9s dismissal of the habeas cor$us $etition and issued anew the writ of habeas cor$us returnable to the *residing Justice of the CA# :t# Baliaga, the arm" $ersonnel im$licated was also im$leaded as a $art" to the habeas cor$us $etition and was re1uired together with the incumbent Chief of /taff, A)*? the incumbent Commanding General, *hili$$ine Arm"? and the Commanding 4fficer of the ;3th %B at the time of the disa$$earance of Jonas, :t# Col# )eliciano to $roduce the $erson of Jonas and to show cause wh" he should not

(he charge of filing a false return constitutes im$ro$er conduct that serves no other $ur$ose but to mislead, im$ede and obstruct the administration of =ustice b" the Court# @nder $aragra$h +d, of /ection A, 0ule 82 of the 0ules of Court, an" im$ro$er conduct tending, directl" or indirectl", to im$ede, obstruct or degrade the administration of =ustice constitutes criminal contem$t# A criminal contem$t $roceeding has been characteri!ed as sui generis as it $artakes some of the elements of both a civil and criminal $roceeding, without com$letel" falling under either $roceeding# %ts identification with a criminal $roceeding is in the use of the $rinci$les and rules a$$licable to criminal cases, to the e.tent that criminal $rocedure is consistent with the summar" nature of a contem$t $roceeding# (he accused is afforded man" of the $rotections $rovided in regular criminal cases? and that $roceedings under statutes governing them are to be strictl" construed# Contem$t is not $resumed# %n $roceedings for criminal contem$t, the defendant is $resumed innocent and the burden is on the $rosecution to $rove the charges be"ond reasonable doubt# (he $resum$tion of innocence can be overcome onl" b" $roof of guilt be"ond reasonable doubt# %n this case, the evidence on record as of the time of the CA

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$roceedings were merel" circumstantial and did not $rovide a direct link between the res$ondents and the abduction of Jonas? the evidence did not $rove be"ond reasonable doubt that the res$ondents had a hand in the abduction of Jonas, and conse1uentl", had custod" of him at the time the" filed their returns to the &rit of habeas cor$us den"ing custod" of Jonas# DIS.OSITI/E: &'E0E)40E, in the interest of =ustice and for the foregoing reasons, we 0E/4:BE to> %# %- G#0# -4# 26A822 +'ABEA/ C40*@/ *E(%(%4-, CACG#0# /* -o# DD6AD, a# %//@E a &rit of 'abeas Cor$us anew, returnable to the *residing Justice of the Court of A$$eals who shall immediatel" refer the writ to the same <ivision that decided the habeas cor$us $etition? b# 40<E0 :t# 'arr" A# Baliaga, Jr# im$leaded in CACG#0# /* -o# DD6AD and G#0# -o# 26A822, and 0E @%0E him, together with the incumbent Chief of /taff, Armed )orces of the *hili$$ines? the incumbent Commanding General, *hili$$ine Arm"? and the Commanding 4fficer of the ;3th %B, 8th %nfantr" <ivision, *hili$$ine Arm" at the time of the disa$$earance of Jonas Jose$h (# Burgos, :t# Col# Mel1uiades )eliciano, to $roduce the $erson of Jonas Jose$h (# Burgos under the terms the Court of A$$eals shall $rescribe, and to show cause wh" Jonas Jose$h (# Burgos should not be released from detention? c# 0E)E0 back the $etition for habeas cor$us to the same <ivision of the Court of A$$eals which shall continue to hear this case after the re1uired 0eturns shall have been filed and render a new decision within thirt" +A7, da"s after the case is submitted for decision? and d# 40<E0 the Chief of /taff of the Armed )orces of the *hili$$ines and the Commanding General of the *hili$$ine Arm" to be im$leaded as $arties, se$arate from the original res$ondents im$leaded in the $etition, and the dro$$ing or deletion of *resident Gloria Maca$agalCArro"o as $art"Cres$ondent# %%# %- G#0# -4# 26A825 +C4-(EM*( 4) C4@0( C'A0GE, CAC G#0# /* -o# 2775A7, e# A))%0M the dismissal of the $etitioner9s $etition for Contem$t in CACG#0# /* -o# 2775A7, without $re=udice to the reCfiling of the contem$t charge as ma" be warranted b" the results of the subse1uent C'0 investigation this Court has ordered? and f# 40<E0 the dro$$ing or deletion of former *resident Gloria Maca$agalCArro"o as $art"Cres$ondent, in light of the unconditional

dismissal of the contem$t charge against her# %%%# %- G#0# -4# 26A82A +&0%( 4) AM*A04 *E(%(%4-, CACG#0# /* -o# 77776C&A, g# 40<E0 :t# 'arr" A# Baliaga, Jr#, im$leaded in CACG#0# /* -o# 77776C&A and G#0# -o# 26A82A, without $re=udice to similar directives we ma" issue with res$ect to others whose identities and $artici$ation ma" be disclosed in future investigations and $roceedings? h# <%0EC( :t# 'arr" A# Baliaga, Jr#, and the $resent Am$aro res$ondents to file their Comments on the C'0 re$ort with the Court of A$$eals, within a nonCe.tendible $eriod of fifteen +2;, da"s from recei$t of this 0esolution#2avv$hil i# 0E @%0E General 0oa of the 4ffice of the Judge Advocate General, A)*? the <e$ut" Chief of /taff for *ersonnel, J%, A)*, at the time of our June 55, 5727 0esolution? and then Chief of /taff, A)*, Gen# 0icardo <avid, +a, to show cause and e.$lain to this Court, within a nonCe.tendible $eriod of fifteen +2;, da"s from recei$t of this 0esolution, wh" the" should not be held in contem$t of this Court for their defiance of our June 55, 5727 0esolution? and +b, to submit to this Court, within a nonC e.tendible $eriod of fifteen +2;, da"s from recei$t of this 0esolution, a co$" of the documents re1uested b" the C'0, $articularl"> 2, (he $rofile and /ummar" of %nformation and $ictures of (E/gt# Jason 0o.as +*hili$$ine Arm",? C$l# Maria Joana )rancisco +*hili$$ine Air )orce,? ME/gt# Aron Arro"o +*hili$$ine Air )orce,? an alias (#:# C all re$ortedl" assigned with Militar" %ntelligence Grou$ 2; of %ntelligence /ervice of the Armed )orces of the *hili$$ines C and 5:t# )ernando, a lad" officer involved in the counterCinsurgenc" o$erations of the ;3th %B in 5773 to 5778? 5, Co$ies of the records of the 5778 E0A* ; incident in Kamuning, ue!on Cit" and the com$lete list of the intelligence o$eratives involved in that said covert militar" o$eration, including their res$ective /ummar" of %nformation and individual $ictures? and A, Com$lete list of the officers, women and men assigned at the ;3th and 3Dth %nfantr" Battalion and the 8th %nfantr" <ivision from Januar" 2, 577F to June A7, 5778 with their res$ective $rofiles, /ummar" of %nformation and $ictures? including the list of ca$tured rebels and rebels who surrendered to the said cam$s and their corres$onding $ictures and co$ies of their (actical %nterrogation 0e$orts and the cases filed against them, if an"# (hese documents shall be released e.clusivel" to this Court for our

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e.amination to determine their relevance to the $resent case and the advisabilit" of their $ublic disclosure# =# 40<E0 the Chief of /taff of the Armed )orces of the *hili$$ines and the Commanding General of the *hili$$ine Arm" to be im$leaded as $arties, in re$resentation of their res$ective organi!ations, se$aratel" from the original res$ondents im$leaded in the $etition? and the dro$$ing of *resident Gloria Maca$agalCArro"o as $art"Cres$ondent? k# 0E)E0 witnesses Jeffre" (# Cabinto" and Elsa B# Agasang to the <e$artment of Justice for admission to the &itness *rotection /ecurit" and Benefit *rogram, sub=ect to the re1uirements of 0e$ublic Act -o# 3D62? and l# NO#$ the criminal com$laint filed b" the $etitioner with the <4J which the latter ma" investigate and act u$on on its own $ursuant to /ection 52 of the 0ule on the &rit of Am$aro# 0E1TRA FACTS2D$tai!$" Fi&"i&%s of C,R3 %rom the records! we note that there are very significant lapses in the handling of the investigation C among them the *-*CC%<G9s failure to identif" the cartogra$hic sketches of two +one male and one female, of the five abductors of Jonas based on their interview of e"ewitnesses to the abduction# (his la$se is based on the information $rovided to the $etitioner b" no less than /tate *rosecutor Emmanuel Belasco of the <4J who identified the $ersons who were $ossibl" involved in the abduction, namel"> (E/gt# Jason 0o.as +*hili$$ine Arm",, C$l# Maria Joana )rancisco +*hili$$ine Air )orce,, ME/gt# Aron Arro"o +*hili$$ine Air )orce,, and an alias (#:#, all re$ortedl" assigned with Militar" %ntelligence Grou$ 2; of %ntelligence /ervice of the A)*# -o search and certification were ever made on whether these $ersons were A)* $ersonnel or in other branches of the service, such as the *hili$$ine Air )orce# As testified to b" the $etitioner, no significant follow through was also made by the PNP-CIDG in ascertaining the identities of the cartographic sketches of two of the abductors despite the e identiary leads pro ided by !tate Prosecutor "elasco of the D#$. -otabl", the *-*CC%<G, as the lead investigating agenc" in the $resent case, did not a$$ear to have lifted a finger to $ursue these as$ects of the case# &e note, too, that no inde$endent investigation a$$eared to have

been made b" the *-*C C%<G to in1uire into the veracit" of :i$io9s and Manuel9s claims that Jonas was abducted b" a certain GKA <A-(E and a certain GKA E-/4 of the C**E-*A guerilla unit 0HG# (he records do not indicate whether the *-*CC%<G conducted a followCu$ investigation to determine the identities and whereabouts of GKA <ante and GKA E-/4# (hese omissions were aggravated b" the CA finding that the *-* has "et to refer an" case for $reliminar" investigation to the <4J des$ite its re$resentation before the CA that it had forwarded all $ertinent and relevant documents to the <4J for the filing of a$$ro$riate charges against GKA <A-(E and GKA E-/4# ###&hile significant leads have been $rovided to investigators, the investigations b" the *-*C C%<G, the A)* *rovost Marshal, and even the Commission on 'uman 0ights +C%&, have been less than com$lete# (he *-*CC%<G9s investigation $articularl" leaves much to be desired in terms of the e.traordinar" diligence that the 0ule on the &rit of 'mparo re1uires# )ollowing the C'09s legal mandate, we gave the Commission the following s$ecific directives>D +a, ascertaining the identities of the $ersons a$$earing in the cartogra$hic sketches of the two alleged abductors as well as their whereabouts? +b, determining based on records, $ast and $resent, the identities and locations of the $ersons identified b" /tate *rosecutor Belasco alleged to be involved in the abduction of Jonas, namel"> (E/gt# Jason 0o.as +*hili$$ine Arm",? C$l# Maria Joana )rancisco +*hili$$ine Air )orce,, ME/gt# Aron Arro"o +*hili$$ine Air )orce,, and an alias (#:#, all re$ortedl" assigned with Militar" %ntelligence Grou$ 2; of %ntelligence /ervice of the A)*? further $roceedings and investigations, as ma" be necessar", should be made to $ursue the lead allegedl" $rovided b" /tate *rosecutor Belasco on the identities of the $ossible abductors? +c, in1uiring into the veracit" of :i$io9s and Manuel9s claims that Jonas was abducted b" a certain GKA <A-(E and GKA E-/4 of the C**E-*A guerilla unit 0HG? +d, determining based on records, $ast and $resent, as well as further investigation, the identities and whereabouts of GKA <A-(E and GKA E-/4? and +e, undertaking all measures, in the investigation of the Burgos abduction, that ma" be necessar" to live u$ to the e.traordinar"

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measures we re1uire in addressing an enforced disa$$earance under the 0ule on the &rit of 'mparo# %n this same 0esolution, we also affirmed the CA9s dismissal of the $etitions for Contem$t and for the issuance of a &rit of Am$aro with res$ect to *resident Maca$agalCArro"o, as she is entitled as *resident to immunit" from suit#27 4n March 2;, 5722, the C'0 submitted to the Court its %nvestigation 0e$ort on the Enforced <isa$$earance of Jonas Burgos +C'0 0e$ort,, in com$liance with our June 55, 5727 0esolution#22 %n this 0e$ort, the C'0 recounted the investigations undertaken, whose $ertinent details we 1uote below> 4n June 53, 5727, the C'0 issued 0esolution C'0 %B -o# A5727C 277 to intensif" the investigation of the case of the Burgos enforced disa$$earance? and for this $ur$ose, created a /$ecial %nvestigation (eam###headed b" Commissioner Jose Manuel /# Mamauag# ... %n com$liance with the directive mentioned in the aboveC1uoted En Banc 0esolution of the /u$reme Court, the (eam conducted field investigations b"> +2, interviewing a, civilian authorities involved in the first investigation of the instant case? b, militar" men under detention for alleged violations of Articles of &ar? c, /ecurit" 4fficers of Ever Gotesco Mall, Commonwealth Avenue, ue!on Cit"? d, two +5, of the three +A, C%<G witnesses? e, two +5, e"ewitnesses who described to the $olice sketch artist two +5, faces of a male and female abductors of Jonas Burgos? f, 0ebelC0eturnees +00s,? g, officers and men in the militar" and $olice service? h, local officials and other government functionaries? and i, ordinar" citi!ens? +5, in1uiring into the veracit" of C%<G witnesses :i$io9s and Manuel9s claims that Jonas was abducted b" a certain GKA <A-(E and GKA E-/4 of the C**E-*A guerilla unit 0HG? +A, securing case records from the $rosecution service and courts of law? +F, visiting militar" and $olice units# 4ffices, cam$s, detention centers, and =ails and re1uesting co$ies of documents and records in their $ossession that are relevant to the instant case? +;, searching for and interviewing witnesses and informants? and +3, $ursuing leads $rovided b" them# /# Email9s I/tarC/truckI A6# *ursuing the lead mentioned in the anon"mous eCmail, which was attached to the Burgos $etition as E.hibit IJI, Ithat the team leader +(#:#, in the Jonas Burgos abduction was a certain Arm" Ca$tain, +$romotable to Ma=or,, a good looking gu" +tiso",, and a

$otential showbi! $ersonalit" known otherwise as Ca$tain /tarC struck,I the (eam re1uested the C'0 Clearance /ection, :egal <ivision for an" information leading to (#:# or to all *hili$$ine Arm" a$$licants for C'0 clearance whose ranks are Ca$tains or Ma=ors $romoted during the "ears 5778 to 577D# AD# /ometime in -ovember 5727, the (eam was able to track down one C'0 clearanceCa$$licant who most likel" $ossesses andEor matches the information $rovided in the said lead# But when his $hotoE$icture was $resented to the e"ewitnesses, the" failed to identif" him# F7# @ndaunted with the negative identification, the (eam sus$ected that the Iteam leaderI might not have $artici$ated in the actual abduction inside 'a$ag Kainan 0estaurant, the scene of the crime, but most $robabl" was in one of the Ithree carsI allegedl" used during the o$eration while giving orders or commanding the actual abductors# F2# %n relation to the above sus$icion, the (eam has theori!ed that officers below the rank of Ca$tain might have $er$etrated the actual abduction# F5# (he (eam e.$lored this $ossibilit" and focused its attention on the officers of the 8th %<, *A, namel"> :t# Bicente 4# <agdag, Jr#, the /CF of 3; %B who e.ecuted an affidavit relative to the alleged stolen *late -o# (ABC2DF? 5:t# 0e" B# <e1uito of ;3th %B, the witness against Edmond <agC@amn for the alleged crime of murder? and 2:t# @smalik (a"aban, the (eam :eader with the ;3th %B who issued a Custod" 0ecei$t in connection with the *etition for 'abeas Cor$us filed in Angeles Cit" relative to the 5773 Emerito :i$io abduction case against the $olice and militar" $ersonnel# (# )aceCbook account FA# Google search of the names of the above mentioned individuals "ielded negative result e.ce$t for 2:t# @smalik (a"aban, whose name was connected to a social networking site, the )aceCbook account of *MA BA(C' /A-G'AHA 5777# FF# %n the )acebook account /angha"a, the contents of which is categori!ed as I*@B:%CI or o$en to $ublic viewing, it a$$ears that IMalikI (a"aban is a graduate of the *hili$$ine Militar" Academ" +*MA, Batch /angha"a of 5777# 4ther leads were also discovered, such as the following> vernacular descri$tion of Itiso"I which was mentioned b" one of the users in the Icomment $ortionI of the account which incidentall" was also mentioned in the anon"mous eC

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mail as the Iteam leaderI +(#:#,? the $icture of a man s$orting a IbackC$ackI, which was also mentioned b" witness Elsa# *er Elsa9s account, the $erson in the cartogra$hic sketch was wearing a IbackC $ack#I F;# Aware of the intricacies of the aboveCmentioned leads, the (eam caused the re$roduction of all $ictures in the )acebook account for future reference? and re1uested the -B% +Burgos, (eam for a co$" of the *MA /angha"a Batch 5777 Hear Book, also for future reference# @# (he *MA Hear Book F3# (hrough the efforts of the -B% +Burgos, (eam, the (eam was able to get the *MA Hear Book of /angha"a Batch 5777 and the location of one im$ortant e"ewitness in the abduction# B# JE))0EH CAB%-(4H F8# 4n <ecember 2, 5727, the (eam together with the -B% (eam were able to locate Jeffre" Cabinto" +Jeffre",, one of the two +5, e"ewitnesses who $rovided the $olice cartogra$hic artist with the descri$tion of two +5, $rinci$al abductors of Jonas Burgos# Jeffre" narrated in details +sic, the circumstances that ha$$ened before and during the abduction# F6# 4n <ecember 8, 5727, the (eam and Jeffre" went to the $lace of incident at Ever Gotesco Mall, ue!on Cit" to refresh his memor" and reCenact what trans$ired# %n the afternoon of the same date, the (eam invited Jeffre" to the C'0 Central 4ffice in ue!on Cit", where he was shown for identification twent" +57, co$ies of colored $hotogra$hsE$ictures of men and the almost two hundred fort"C four +5FF, $hotogra$hsE$ictures stored in the com$uter and lifted from the $rofiles of the *hili$$ine Militar" Academ" Hear Book of Batch /angha"a 5777# FD# Jeffre" $ointed to a man in the two +5, colored grou$ $icturesE$hotogra$hs, that he identified as among the 6Cman grou$ who abducted Jonas Burgos# )or record and identification $ur$oses, the (eam encircled the face that Jeffre" identified in the two $ictures? then he affi.ed his signature on each $icture# Also, while leafing through the $ictures of the *MA graduates in the Hear Book of /angha"a 5777 Batch, the witness identified a $icture, with a bold and allCca$itali!ed name 'A00H AGAGE- BA:%AGA J0 and the words Agawa, Besao, Mt# *rovince $rinted there under the ca$itali!ed words *'%:%**%-E A0MH written on the u$$er $ortion, as the same $erson he $ointed out in the two grou$ $ictures =ust

mentioned above# %mmediatel" thereafter, the (eam caused the $roduction of the $hoto identified b" Jeffre" and asked him to affi. his signature, which he also did# ;7# After e.amining each of these $ictures, Jeffre" declared that it dawned on him that based on his recollection of faces involved in the abduction of Jonas Burgos, he now remembers the face of a man, other than the two +5, faces whose descri$tion he alread" $rovided before to a $olice sketch artist, who was $art of the 6Cman grou$ of abductors# And he also confirms it now that the $erson he is referring to was indeed seen b" him as one of those who abducted Jonas Burgos at 'a$ag Kainan 0estaurant of Ever Gotesco Mall, Commonwealth Avenue, ue!on Cit"# ;2# &hen asked how certain he was of the $erson he identified, considering that the $rinted co$" of the $hoto lifted from the )aceC book /angha"a Account was taken sometime in the "ear 5727? while the $icture a$$earing in the com$uter was lifted from the *MA /angha"a 5777 Batch Hear Book, Jeffre" re$lied IAng taong ito a" aking natatandaan sa kadahilanan na nuong una si"a a" nakau$o na katabi sa bandang kaliwa nang taong dumukot at nata$os silang mag usa$ luma$it sa akin at $ilit akong $ini$igilan na wag daw makialam at ang sabi n"a sa akin a" I&AG KA <%(4-G MAK%A:AM KA/% A-G (A4-G %(4 AH MA(AGA: -A -AM%-G /%-@/@BAHBAHA- <A'%: /A <04GAI kahit $a halos nagmamakaawa na nang tulong ang taong dinukot? at mata$os nuon a" sa$ilitan na nilang binitbit sa labas ang biktima#I + % remember this man for the reason that at first he was seated at the left side of the $erson abducted? and after the" talked, he a$$roached me and was $reventing me forcefull" sa"ing not to interfere and he said to me> I<4-9( H4@ %-(E0)E0E 'E0E /%-CE &E 'ABE BEE- <4%-G /4ME /@0BE%::A-CE 4- ('%/ MA- )40 /4ME (%ME A:0EA<H BECA@/E 4) <0@G/I des$ite that the man was alread" $leading for hel$, and after that, the" forcibl" dragged the victim outside#, ;5# &hen asked if he could identif" the $icture of Jonas Burgos, Jeffre" affirmed that the $erson in the $icture is the $erson referred to b" him as the victim of abduction and his name is Jonas Burgos# 'e further stated that he learned of the victim9s name when he saw his $icture flashed on (B and hear his name# &hen asked if he is willing to e.ecute an affidavit on the facts that he has =ust $rovided, he answered "es and at that =uncture the (eam assisted him in the

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$re$aration of his I/inum$aang /ala"sa"I based on his $ersonal knowledge and in a language known to him# After which, the (eam asked Jeffre" to read, e.amine and determine whether all the information he =ust $rovided are reflected in his I/inum$aang /ala"sa"I and Jeffre" answered "es# (hereafter, Jeffre" affi.ed his signature after being sworn to before a lad" C'0 law"er and a dul" commissioned -otar" *ublic for and in ue!on Cit"# &# <aguman confirmed (a"aban9s and Baliaga9s actual affiliation with the militar" and their assignment at the ;3th %nfantr" Battalion, 8th %< ;A# 4n <ecember 27, 5727, the (eam went to the Bulacan *rovincial Jail to visit Edmond <agC@man and asked him to identif" his former Com$an" Commander at the ;3th %B, 82 %<, :t# @smalik (a"aban and to identif" the $ictures# ;F# Edmond <agCuman identified the encircled in the $icture as :(# 'A00H A# BA:%AGA, J0#, and the man with a receding hair as :(# @/MA:%K (AHABA-, his former Com$an" Commander# ;;# &hen asked if he was willing to reduce in writing his $recious statements and those that =ust mentioned, he re$lied IBAKA MA*A'AMAK AK4 -HA-J +(hat might endanger meJ,# )ollowing a length" discussion on the $ros and cons of e.ecuting a sworn statement and the assurance of the (eam to e.clude his statements that are critical to the militar" establishment, it dawned on <agCuman that his statement would be of hel$ to the Commission in bringing his case to the $ro$er authorities for review and a$$ro$riate action, that he eventuall" e.$ressed his willingness to do so# ;3# After which the (eam immediatel" went to a ICom$uter CafKI nearb" to encode the I/ala"sa"I, then the $rinted co$" was $resented to him for his determination whether he is in full accord with the contents therein# Edmond s$ent about thirt" +A7, minutes reading it and changed the word ICharlieI to IBravoI and then affi.ed his initial on it# 'e also signed the I/inum$aang /ala"sa"I after being sworn to before a team member authori!ed to administer oath# L# /econd visit to E:/A AGA/A-G and her /u$$lemental /worn /tatement ;8# 4n Januar" 53, 5722, the (eam along with witness Jeffre" went to Bicol to meet witness Elsa# (he aim was to hel$ Elsa recall the faces of those she saw in the abduction b" showing to her recentl"C ac1uired $ictures of sus$ects# ;6# )or the first time the" would reCunite, after almost four "ears

since that fateful da" of A$ril 56, 5778, when both of them had the e.$erience of witnessing an abduction incident, which rendered them =obless and unsafe# ;D# (he (eam told Jeffre" to sit in front of Elsa without introducing him to her# After about half an hour into the conversation, she e.$ressed disbelief when she reali!ed that she was facing in $erson he coCworker that she knew ver" well# 37# 4n Januar" 5D, 5722, Elsa e.ecuted her Karagdagang /inum$aang /ala"sa" affirming her /ala"sa" given before *C% :ino <: Banaag at the C%<@, ue!on Cit" *olice <istrict 4ffice, Cam$ Karingal, ue!on Cit"? and corroborating the material allegations contained in the /inum$aang /ala"sa" of Jeffre"# 4n the basis of the evidence it had gathered, the C'0 submitted the following findings>25 Based on the facts develo$ed b" evidence obtaining in this case, the C'0 finds that the enforced disa$$earance of Jonas Jose$h (# Burgos had trans$ired? and that his constitutional rights to life libert" and securit" were violated b" the Government have been full" determined# Jeffre" Cabinto" and Elsa Agasang have witnessed on that fateful da" of A$ril 56, 5778 the forcible abduction of Jonas Burgos b" a grou$ of about seven +8, men and a woman from the e.tension $ortion of 'a$ag Kainan 0estaurant, located at the ground floor of Ever Gotesco Mall, Commonwealth Avenue, ue!on Cit"# .... (he e"ewitnesses mentioned above were Jeffre" Cabinto" +Jeffre", and Elsa Agasang +Elsa,, who at the time of the abduction were working as busbo" and (raineeC/u$ervisor, res$ectivel", at 'a$ag Kainan 0estaurant# %n his /inum$aang /ala"sa", Jeffre" had a clear recollection of the face of 'A00H AGAGE- BA:%AGA, J0# as one of the $rinci$al abductors, a$art from the faces of the two abductors in the cartogra$hic sketches that he described to the $olice, after he was shown b" the (eam the $ictures in the *MA Hear Book of Batch /angha"a 5777 and grou$ $ictures of men taken some "ears thereafter# (he same grou$ of $ictures were shown to detained former ;3th %B Arm" troo$er Edmond M# <agCuman +<agCuman,, who also $ositivel" identified :t# 'arr" Baliaga, Jr# <aguman9s /inum$aang /ala"sa" states that he came to know :t# Baliaga as a Com$an"

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Commander in the ;3th %B while he was still in the militar" service +with /erial -o# 6773DA, from 2DD8 to 5775, also with the ;3th %B but under 2:t# @smalik (a"aban, the Commander of Bravo Com$an"# &hen he was arrested and brought to the ;3th %B Cam$ in A$ril 577;, he did not see :t# Baliaga an"more at the said cam$# (he similar reaction that the $ictures elicited from both Jeffre" and <aguman did not $ass unnoticed b" the (eam# Both men alwa"s look $ensive, $robabl" because of the $athetic $light the" are in right now# %t came as a sur$rise therefore to the (eam when the" could hardl" hide their smile u$on seeing the face of Baliaga, as if the" know the man ver" well# Moreover, when the (eam asked how Jeffre" how certain was he that it was indeed Baliaga that he saw as among those who actuall" $artici$ated in Jonas9 abduction, Jeffre" was able to give a gra$hic descri$tion and s$ontaneousl", to boot, the blow b" blow account of the incident, including the initial $ositioning of the actors, s$eciall" Baliaga, who even a$$roached, talked to, and $revented him from interfering in their criminal act# A 0ebelCreturnee +00, named Maria Bita :o!ada " Billegas GKA MH, has identified the face of the female in the cartogra$hic sketch as a certain :t# )ernando# &hile :o!ada refuses to include her identification of :t# )ernando in her /inum$aang /ala"sa" for fear of a backlash, she told the (eam that she was certain it was :t# )ernando in the cartogra$hic sketch since both of them were involved in counterCinsurgenc" o$erations at the ;3th %B, while she was under the care of the battalion from March 5773 until she left the ;3th %B 'ead1uarters in 4ctober 5778# :o!ada9s involvement in counterCinsurgenc" o$erations together with :t# )ernando was among the facts gathered b" the C'0 0egional 4ffice A %nvestigators, whose investigation into the enforced disa$$earance of Jonas Jose$h Burgos was documented b" wa" of an After Mission 0e$ort dated August 2A, 5776# Most if not all the actual abductors would have been identified had it not been for what is otherwise called as evidentiar" difficulties shamelessl" $ut u$ b" some $olice and militar" elites# (he deliberate refusal of (JAG 0oa to $rovide the C'0 with the re1uested documents does not onl" def" the /u$reme Court directive to the A)* but i$so facto created a dis$utable $resum$tion that A)* $ersonnel were res$onsible for the abduction and that their su$eriors

would be found accountable, if not res$onsible, for the crime committed# (his observation finds su$$ort in the dis$utable $resum$tion I(hat evidence willfull" su$$ressed would be adverse if $roduced#I +*aragra$h +e,, /ection A, 0ule 2A2 on Burden of *roof and *resum$tions, 0evised 0ules on Evidence of the 0ules of Court of the *hili$$ines,# %n sa"ing that the re1uested document is irrelevant, the (eam has deemed that the re1uested documents and $rofiles would hel$ ascertain the true identities of the cartogra$hic sketches of two abductors because a certain Birgilio Eusta1uio has claimed that one of the intelligence o$eratives involved in the 5778 E0A* ; case fits the descri$tion of his abductor# As regards the *-* C%<G, the $ositive identification of former ;3th %B officer :t# 'A00H A# BA:%AGA, J0# as one of the $rinci$al abductors has effectivel" crushed the theor" of the C%<G witnesses that the -*As abducted Jonas# Baliaga9s true identit" and affiliation with the militar" have been established b" overwhelming evidence corroborated b" detained former Arm" troo$er <agCuman# )or lack of material time, the Commission will continue to investigate the enforced disa$$earance of Jonas Burgos as an inde$endent bod" and $ursuant to its mandate under the 2D68 Constitution# 4f $articular im$ortance are the identities and locations of the $ersons a$$earing in the cartogra$hic sketches? the allegations that C%<G &itnesses Emerito G# :i$io and Meli!a Conce$cionC0e"es are A)* enlisted $ersonnel and the alleged $artici$ation of <elfin <e Gu!man G Ka Baste in the abduction of Jonas Burgos whose case for Murder and Attem$ted Murder was dismissed b" the court for failure of the lone witness, an arm" man of the ;3th %B to testif" against him# %nterview with Birgilio Eusta1uio, Chairman of the @nion Masses for <emocrac" and Justice +@M<J,, revealed that the male abductor of Jonas Burgos a$$earing in the cartogra$hic sketch was among the raiders who abducted him and four others, identified as Jim Cabauatan, Jose Curament, 0uben <ionisio and <ennis %bona otherwise known as E0A* )%BE# @nfortunatel", and as alread" $ointed out above, (he Judge Advocate General +(JAG, turned down the re1uest of the (eam for a $rofile of the o$eratives in the soCcalled IEra$ ;I abduction on the ground of relevanc" and branded the re1uest as a fishing e.$edition $er its <is$osition )orm dated /e$tember 52, 5727# Efforts to contact Birgilio Eusta1uio to secure his affidavit $roved

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futile, as his $resent whereabouts cannot be determined# And due to lack of material time, the Commission decided to $ursue the same and determine the whereabouts of the other members of the IEra$ ;I on its own time and authorit" as an inde$endent bod"#