Philippine Supreme Court Resolutions

"G.R. No. 183711 (Edita T. Burgos v. General Hermogenes Esperon, Jr., et al.), G.R. No. 183712 (Edita T. Burgos v. General Hermogenes Esperon, Jr., et al.); and G.R. No. 183713 (Edita T. Burgos v. Chief of Staff of the Armed Forces of the Philippines, et al.).-

In our June 22, 2010 Resolution, we referred the present case to the Commission on Human Rights (CHR), as the Court's directly commissioned agency tasked with the continuation of the investigation of, and the gathering of evidence in, Jonas Joseph T. Burgos' abduction, with the obligation to report its factual findings and recommendations to this Court. In the same Resolution, we gave the CHR specific directives, including undertaking all investigative measures that may be necessary to live up to the extraordinary measures we require to address an enforced disappearance under the Rule on the Writ of Amparo.

On March 15, 2011, the CHR submitted to the Court its Investigation Report on the Enforced Disappearance of Jonas Burgos (CHR Report), in compliance with our June 22, 2010 Resolution. In its Report, the CHR undertook to continue its investigation of Burgos' abduction, viz.: 

For lack of material time, the Commission will continue to investigate the enforced disappearance of Jonas Burgos as an independent body and pursuant to its mandate under the 1987 Constitution. Of particular importance are the identities and locations of. the persons appearing in the cartographic sketches; the allegations that C1DG Witnesses Emerito G. Lipio and Meliza Concepcion-Reyes are AFP enlisted personnel and the alleged participation of Delfin De Guzman @ Ka Baste in the abduction of Jonas Burgos whose case for Murder and Attempted Murder was dismissed by the court for failure of the lone witness, an army man of the 56th IB to testify against him. 

Interview with Virgilio Eustaquio, Chairman of the Union Masses for Democracy and Justice (UMDJ), revealed that the male abductor of Jonas Burgos appearing in the cartographic sketch was among the raiders who abducted him and four others, identified as Jim Cabauatan, Jose Curament, Ruben Dionisio and Dennis Ibona otherwise known as ERAP FIVE. 

Unfortunately, and as already pointed out above. The Judge Advocate General (TJAG) turned down the request of the Team for a profile of the operatives in the so-called "Erap 5" abduction on the ground of relevancy and branded the request as a fishing expedition per its Disposition Form dated September 21, 2010.

Efforts to contact Virgilio Eustaquio to secure his affidavit proved futile, as his present whereabouts cannot be determined. And due to lack of material time, the Commission decided to pursue the same and determine the whereabouts of the other members of the "Erap 5" on its own time and authority as an independent body. [Emphases supplied] 

On July 5, 2011, we issued a Resolution referring the amparo  and habeas corpus petitions to the Court of Appeals, for it to continue hearing the cases in light of the subsequent events in this case, in particular the CHR Report.

Considering the foregoing, the Court resolves to: 

1) REQUIRE the Commission on Human Rights to undertake all available measures to obtain the affidavit of witness Virgilio Eustaquio in connection with his allegation that one of the male abductors of Jonas Joseph T. Burgos, appearing in the cartographic sketch, was one of the "raiders" who abducted him and four others, identified as Jim Cabauatan, Jose Curament, Ruben Dionisio and Dennis Ibona (otherwise known as the "ERAP FIVE"); and

2) DIRECT the Commission on Human Rights to submit to this Court, within thirty (30) days from receipt of this Resolution, a Report, with its recommendations, of its ongoing investigation of Burgos' abduction, and the affidavit of Virgilio Eustaquio, if any, copy furnished the petitioner, the Court of Appeals, the incumbent Chiefs of the AFP, the PNP and the PNP-CIDG, and all the present respondents before the Court of Appeals.

The Court further resolves to: 

1) GRANT the Motion dated September 23, 2011 filed by the Office of the Solicitor General [OSG] for Brigadier General Gilberto Jose C. Roa, AFP, General Ricardo A. David, Jr., AFP (ret.) and Rear Admiral Cornelio A. Dela Cruz, Jr., AFP (ret.) and Rear Admiral Cornelio A. Dela Cruz, Jr., AFP, for an extension of five (5) days from September 23, 2011, or until September 28, 2011, within which to comply with the resolution of August 23, 2011; and 

2) NOTE the Manifestation and Motion dated September 23, 2011 filed by the OSG for Brigadier General Roa, General David, Jr. and Rear Admiral dela Cruz, Jr., submitting the following documents in compliance with the resolution of August 23, 2011 and manifesting that the AFP could not submit the Summary of Information (SOI) of an alias  TL because no such person, whether an officer or an enlisted personnel, exists in the records of the AFP:

i) SOI of the officers and enlisted personnel of the 56th IB, 7th ID from January 1, 2004 to June 30, 2007; 

ii) SOI of the intelligence operatives who were involved in the ERAP 5 incident; and 

iii) SOI of 2Lt. Fernando who was a member of the 56th IB, 7th ID.

Abad, J., no part.
Bersamin, J., on official business.
Del Castillo, J., on leave.
Perez, J., on official leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
  Clerk of Court