Editha Burgos holds picture of missing son, Jonas (October 2008)

The family of Jonas Burgos celebrated the missing activist’s 39th birthday Sunday.

Jonas’s kin attended a mass together at the UP Parish of the Holy Sacrifice.

Editha Burgos, mother of Jonas who has been leading efforts to find his son, said it is a tradition for them to attend Mass together on the birthday of a family member.

Earlier, Editha had said that she was surprised on the recent filing of a new complaint related to the case of her missing son.

In a statement Saturday, Editha said the new complaint, supposedly, was filed by police’s Criminal Investigation and Detection Group (CIDG) and Mrs. Burgos herself. Editha however denied participation in the filing of the complaint.

"This new complaint was filed without my concurrence or support... This is obviously to cover up the participation of the [Army’s] 56th Infantry Battalion and the Intelligence Service Group (ISG) in the abduction of my son," she was quoted as saying.

Burgos also disclosed in the statement that in a letter dated March 5, 2008, Chief State Prosecutor Richard Anthony D. Fadullon has stated that there is no pending investigation on the disappearance of Jonas as no case has yet been referred by the Philippine National Police

Burgos said she filed only two cases which have been decided by the Court of Appeals -- petitions for Writ of Habeas Corpus and Writ of Amparo. She said both cases are now under review by the Supreme Court.

The latest complaint was reportedly filed before the Department of Justice (DOJ) titled CIDG-Editha T. Burgos vs. Delfin De Guzman, et al. I.S. No. 2008-846. It is seeking to charge De Guzman for the kidnapping and serious illegal detention of Jonas.

Guzman reportedly was a suspected NPA leader who was arrested in Norzagaray, Bulacan in 2006, a year before Jonas was abducted however.

Guzman has allegedly been pinpointed as mastermind of the abduction by Melissa Reyes, Emerito Lipio and Marlon Manuel.

"The statements of the three were most likely the basis for the latest case", Mrs. Burgos said.

Reyes, Lipio, and Manuel were presented by the police to the media in 2007 supposedly as key witnesses to the abduction of Jonas, but earlier reports revealed they have been in police custody even before the abduction.

"I read the affidavits of these three persons" Edita said. "But the overwhelming evidences point towards the 56th IB and the ISG."

Jonas was tagged by the military as a member of the NPA.

He was allegedly abducted April 28, 2007 by four armed men and a woman while having lunch at the Hapag Kainan in Ever Gotesco. Witnesses said that Jonas was dragged into a maroon Toyota Revo van with Plate number TAB 194. Earlier investigation of the PNP-CIDG traced the plate number to an impounded vehicle at the 56th IB headquarters Philippine Army Camp in Norzagaray, Bulacan.

Editha said Jonas is a member of Alyansang Magbubukid ng Bulacan and teaches organic farming to farmers.

He has been missing for 701 days and turned 39 on Sunday. With a report from ABS-CBN News