FOR lack of merit, the Quezon City Regional Trial Court on Thursday absolved a lone suspect tagged in the abduction of peasant-activist Jonas Burgos, son of the late press freedom fighter Joe Burgos.
In a 10-page, Branch 216 Judge Alfonso Ruiz II said the allegations of arbitrary detention against Major Harry Baliaga Jr. were based on “hearsay.”
He said the prosecution failed to present solid and even circumstantial evidence to prove Baliaga’s guilt beyond reasonable doubt.
The witnesses also failed to establish that Baliaga was present at Ever-Gotesco Mall in Quezon City on April 28, 2007, the court said.
“Even if admitted, however, this circumstantial evidence standing alone will not reach the quantum of proof required to overcome the constitutional presumption of innocence,” the decision read.
The court said in any criminal prosecution, “the identity of the offender must be established.”
“The only circumstantial evidence presented by the prosecution was the discovery that the vehicle, with plate no. TAB-194 was earlier apprehended and later impounded at the 5th Infantry Battalion located in San Mateo, Norzagaray, Bulacan, where the accused, Harry Baliaga Jr., was previously assigned,” the decision added.
Six armed men and a woman met with Burgos at a restaurant at Ever-Gotesco Mall on April 28, 2007, and allegedly abducted him using a vehicle with plate number (TAB 194).
The vehicle was later found in the custody of 56th Infantry Battalion of the Philippine Army, where Baliaga was assigned.
“No eyewitness testified to identify the accused Baliaga as one of those responsible for the disappearance of Burgos. In fact, none of the witnesses identified him in court,” the judge said.
After the promulgation, Baliaga approached Burgos’ mother, Edita, and shook her hand. He said he was very happy that “finally, I was vindicated.”
But as far as Edita is concerned, she said she will pursue justice for her son.
In 2013, the Department of Justice, in a review resolution, dismissed the obstruction of justice filed against then Armed Forces of the Philippines chief Hermogenes Esperon, Lt. Gen. Romeo Tolentino, Lt. Gen. Alexander Yano and ex-Philippine National Police chief Avelino Razon Jr.
Baliaga was the only personality charged with a criminal case in connection with Burgos’ disappearance.