Appeals court dismisses Burgos habeas corpus petition
The family of missing activist Jonas Burgos is disappointed with the Court of Appeals' (CA) decision Monday to junk the habeas corpus petition filed last year on the ground that the prosecution failed to prove the military was behind the alleged abduction.
"I am extremely disappointed. I do not know how to react because I was praying that I would be able to find my son after the decision is released, after the resolution has been given to us. But it looks like it will take a longer time for me to find my son," said Mrs. Edita Burgos, mother of Jonas.
The petition had asked the Philippine Army to produce Jonas based on the family’s belief that soldiers were involved in the disappearance of the missing activist.
The court also dismissed the family’s petition for contempt while the petition for Writ of Amparo was "partly granted."
"I was hoping that the petition for habeas corpus would progress, that they would produce my son," said Mrs. Burgos.
However, the CA directed the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) to continue its investigation since the direct link involving the Philippine Army in Jonas’ disappearance is still unclear.
"We have gone through all the processes we could avail of in a democratic country like the Philippines, and yet it has been one year and almost four months that my son has been missing and I cannot find a relief yet. The reliefs that have been provided for in this decision, I do not know how useful these will be but we shall continue looking for my son," Mrs. Burgos said.
The court clarified that the decision does not mean that Jonas is not in the hands of the military.
The Philippine Army has not fully defended how a license plate of an impounded vehicle inside its camp in Norzagaray, Bulacan was traced to the vehicle used in the Burgos abduction.
"If the judicial system cannot find a relief for me I really don’t know where to go to anymore. I just can’t believe it. I can’t believe that this is the decision," she said.
The CA also ordered both the military and police to submit its compliance report to the court 10 days after completing its investigation.
Mrs. Burgos said that she has yet to discuss the CA’s decision with their lawyer to talk about the next legal steps the family would take.
"After this decision, I really don’t know anymore if there will be hope in any of these things but my hope is anchored on my faith, not on these decisions. Of course I'm very sad because it will take a longer time for us to find Jonas. I still believe he's alive, otherwise, his body would have surfaced somewhere a long time ago," she said.
However, Mrs. Burgos prays that the PNP and the AFP would follow the court order and "really investigate with sincerity and really look for my son because if they do that they help their institution."
"I hope they follow the orders. My past experience tells me parang suntok sa buwan. In the past, lahat naman nilapitan ko and they all promised to help but help never came," she said.
Burgos, son of the late press freedom fighter Joe Burgos was abducted last April 28, 2007 inside a mall in Quezon City.
"We shall continue looking for Jonas wherever we’re led by the lord," Jonas’s mother said. Reports from Ron Gagalac, ABS-CBN News