CA orders PNP chief to testify on Burgos case

The Court of Appeals (CA) has directed the Philippine National Police (PNP) chief and another ranking police official to testify before the court in connection with the case of desaparacido activist Jonas Burgos. The ruling overturned the urgent motion to quash subpoena for testimony and documents filed by PNP chief Director General Nicanor Bartolome and Director Samuel Pagdilao, who heads the PNP Criminal Investigation and Detection Group. In their motion, Bartolome and Pagdilao denied personal knowledge of the Burgos case since they were not occupying their current positions when Burgos disappeared in 2007. “A witness can only testify on facts of which he has personal knowledge. Whatever testimony they can give would be hearsay and inadmissible. For this reason, thesubpoena ad testificandum against them must be quashed," their plea before the CA said. But in its four-page resolution, the CA said “the PNP has continuing obligation, not only to the Supreme Court but also to this Court, to comply with our directives." The decision then said Bartolome and Pagdilao “are directed to appear and testify and to bring all relevant documents in connection with the Jonas Burgos case at the hearing scheduled on Oct. 11, 2011, and subsequent hearings as may be deemed necessary." Granted for Bacalzo The CA, however, took exception to retired PNP chief Director General Raul Bacalzo, who, as respondents said in their motion, already retired last September 9 and no longer has control over PNP documents. “The urgent motion…[is] granted insofar as retired Police Director General Raul M. Bacalzo is concerned," said the ruling penned by Associate Justice Rosalinda Asuncion-Vicente. Other respondents in the case include former Armed Forces of the Philippines chief Gen. Hermogenes Esperon Jr., Lt. Gen. Romeo Tolentino, Maj. Gen. Juanito Gomez, Maj. Gen. Delfin Bangit, Lt. Col. Noel Clement, Lt. Col. Melquiades Feliciano, Dir. Gen. Oscar Calderon, Lt. Harry Baliaga Jr., and other officials. The CA ruling was concurred in by Associate Justices Remedios Salazar-Fernando and Franchito Diamante. — with Paterno Esmaquel II/RSJ, GMA News