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THE
Court of Appeals on Wednesday gave the Provost Marshall
of the Armed Forces of the Philippines (AFP) until
November 7 to comply with its order to submit his
investigation report on the disappearance of political
activist Jonas Burgos or be cited for contempt along
with the other respondents.
The CA
Seventh Division, chaired by Associate Justice Remedios
Salazar-Fernando, issued the order after AFP Provost
Marshall Col. Arturo Abadilla failed to submit a copy of
his report anew despite AFP chief of staff Hermogenes
Esperon’s order allowing its declassification.
“We will
give the colonel one last opportunity on November 7.
With or without the approval of the chief of staff or
the secretary of National Defense, you are required to
bring the report. We will not entertain any comment or
any excuse again,” Justice Fernando said.
“I think
you realize that since this case was referred to us we
have given you enough understanding and kindness, so I
hope you will reciprocate… After this, if we do not see
any action, we will be forced to act on the pending
motion for contempt,” she added.
Although
the report has been ordered to be declassified, Abadilla
said he still has to secure approval from the secretary
of National Defense before it could be made public as
stated under Memorandum Circular 78, titled “Security of
Classified Matter in Government Departments and
Instrumentalities” and as a matter of military protocol.
Lawyer
Ricardo Fernandez, counsel of petitioner Edita Burgos,
assailed Abadilla’s continued failure to comply with the
order of the CA for him to produce the report.
Fernandez accused Abadilla of making up excuses just to
delay the release of the investigation report. “The
action of the secretary of national defense is not
needed,” Fernandez said.
He also
raised before the justices the concern of Mrs. Burgos
that the possibility of finding her son grows dimmer if
the case continues to drag on.
The CA
made the ultimatum after Abadilla failed to tell the
court how long it would take for Defense Secretary
Gilbert Teodoro to act on their recommendation to
declassify his report. |
