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THE
Court of Appeals (CA) has dismissed the petitions filed
by former Army chief Lt. Gen. Romeo Tolentino and Col.
Eduardo Año, seeking to quash the subpoenas issued
against them by the appellate court requiring their
appearance in the ongoing hearing on the petition for
the issuance of a writ of amparo in connection with the
disappearance of Jonas Burgos.
In a
three-page resolution penned by Associate Justice
Rosalinda Asuncion-Vicente, the CA’s Former Seventh
Division found the testimonies of Tolentino and Año
vital in the resolution of the Burgos case.
“After a
careful study of the motions to quash and the
oppositions thereto, this Court finds the testimonies
sought to be relevant to the fact in issue, which bears
on the alleged disappearance of petitioner’s [Mrs. Edita
Burgos] son, Jonas Joseph Burgos, given the testimony of
Capt. George Ventayen at the hearing held on April 7,
2008 in Baguio City,” the CA stressed. The 37-year-old
agriculturist and political activist, second son of the
late world press freedom icon Jose Burgos Jr., was
seized by unidentified men and a woman while eating at a
Quezon City mall on April 28, 2007. His family is
holding the military responsible for the abduction.
Tolentino and Año were directed to appear and testify at
the hearing scheduled 10 a.m. Tuesday and on Wednesday
at 2 p.m. at the CA.
Ventayen,
the prosecutor in the case of 2Lt. Dick Abletes,
testified in executive session on April 7, 2008 in
Baguio City on the charges against the latter and his
evidence in prosecuting the case.
He
admitted that Lt. Abletes has been charged with three
violations of the Articles of War for passing off
classified information to two members of CPP-NPA.
Mrs.
Burgos insisted that Tolentino’s and Año’s testimonies
are needed in light of Ventayen’s admission that one of
the two members of the Communist Party of the
Philippines-New People’s Army (CPP-NPA) who received the
working order of battle from Abletes was identified as a
certain “Liza,” which is the alias of one of three
witnesses of the police in the Jonas case.
Liza’s
true name, according to Mrs. Burgos, is Melissa
Concepcion Reyes.
The
meeting between Abletes, Liza and her male companion was
recorded, according to Burgos lawyer Ricardo Fernandez,
on video—which was played at the hearing on April 7.
The
petitioner identified Liza to be in fact Melissa Reyes,
who was also reported missing on April 28, 2007 at the
same time Jonas was reportedly abducted.
Fernandez insisted that Tolentino should testify on what
he knew about a certain “Ramon” or Jonas and when he
came to know about it.
Año is
the head of the Intelligence Services of the Philippine
Army mentioned in the Newsbreak article as having
admitted that Abletes was caught on March 26 giving
classified documents to a “member of the CPP.” |