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Amicus Curiae

Amicus Curiae

Atty. Dennis Gorecho

“Alipato at Muog”  film on desaparecidos  won Special Jury Award in  Cinemalaya 2024

Weeks   before “Desaparecidos Day”,  the documentary  film “Alipato at Muog”( Flying Embers and a Fortress) by JL Burgos received the  Special Jury Award during this year’s Cinemalaya Independent film festival.

“International Day of the Victims of Enforced Disappearances” or “Desaparecidos Day”   is observed   every August 30 annually since 2011 .

The film was given the award “for its effective use of the resources of documentary cinema to shed light on an actual case of enforced disappearance and reveal dark truths about human rights in the Philippines.”

The film seeks to “uncover the hard truths” surrounding the enforced disappearance of Jonas Burgos  and other desaparecidos.

Peasant activist Jonas Burgos  was  abducted noontime  of April 28, 2007  in a crowded mall in Quezon City. He  was never seen again and the military has repeatedly denied any role in his disappearance.

As his family launched their search, a car plate brought them face to face with powerful forces.

Despite insurmountable barriers, anonymous informants have dropped leads and even provided the last known photo of Jonas in captivity. Edita, the 80-year old mother, and her filmmaker son lead the long and arduous fight for justice.

Presented through testimonials of their lawyer, a reporter, a former Justice Secretary and Human Rights Commission Chair, and witnesses who agreed to appear on condition of anonymity, combined with animation and never-before-seen footage of the family’s relentless search, the documentary film weaves the stories together to uncover the truths, however painful, about the brother’s disappearance.

“But how can justice prevail when the crime is committed by the very institution that is mandated to protect its people? Where does one even turn for answers?  Telling Jonas’s story is telling the story of more than a thousand victims of enforced disappearance,” Jl Burgos said.

On February 2, 2014, the Supreme Court upheld the 2013 findings of the Court of Appeals  which  ruled  that the military and the government are  responsible for the disappearance of Burgos.

The United Nations (UN)  Commission on Human Rights defined desaparecidos with three elements: (a) deprivation of liberty against the will of a person;  (b) involvement of government officials, at least by acquiescence; and (c)  refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person.

Data from the human rights group  Karapatan and FIND  indicated  that  there are between 950 to 1,000 desaparecidos during the late dictator’s term, 821 during  Cory Aquino’s presidency, 39 under  Ramos term, 26 under  Estrada administration, 206 during  Arroyo term, 29 during  Noynoy Aquino’s administration, and 20 under  Duterte term.

Burgos is one of the 206 desaparecidos under the Arroyo administration.

While most Filipinos fondly relive the memories of their dearly departed on All Saints Day and All Souls Day, families of desaparecidos have no closure nor graves to visit.

They  have no graves on which to place  lighted candles. Even after decades of looking for and not finding their loved ones, they  cannot declare them finally and officially gone because there is no body.

“This award means a lot. We came to Cinemalaya and wanted to say, we want to look for my brother Jonas and that’s the only objective that we have,” J.L. said. “And getting this makes my heart full because hindi lang kami ang naghahanap, kasama namin ang Cinemalaya sa paghahanap ng aking kapatid.”

The film Tumandok  received  five awards  including  Best Full Length Film, Felipe Ganancial as Best Supporting Actor,  Best Screenplay, Best Original Music Score, and Network for the Promotion of Asia Pacific Cinema (NETPAC) full-length feature award. It featured   the struggle of  the  Ati indigenous people    to reclaim their ancestral domain in Iloilo.

Kono Basho won    four  awards: Gabby Padilla  as Best Actress, Jaime Pacena II  as Best Director, Best Cinematography,  and  Best Production Design.

Padilla shared the Best Actress award with Marian Rivera of Balota.

15-year old Enzo Osorio  of “The Hearing” won as Best Actor “for his sensitive and very convincing portrayal of a boy who refuses to be silent and to be silenced about his abuse.”

Other winners in the Full Length category include: Sue Prado of Kantil as  Best Supporting Actress; “An Errand” for Best Editing and Best Sound Design;  and  “Gulay Lang Manong” for  Audience Choice.

“Our nightmare is the nightmare of every family of a desaparecido. There are no illusions that this documentary will stop enforced disappearances. But it is my hope that this film will serve as both a step towards finding Jonas and a stride towards justice for all victims of enforced disappearance.” JL Burgos said.

 Cinemalaya celebrated its 20th year  with the theme “ Loob, Lalim, Lakas” and was held August 2 to 11, 2024 at selected Ayala Cinemas  due to the ongoing renovation of  the Cultural Center of the Philippines. (Atty. Dennis R. Gorecho heads the Seafarers’ Division of the Sapalo Velez Bundang Bulilan Law Offices. For comments, e-mail info@sapalovelez.com, or call 09175025808 or 09088665786.)


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