THE Supreme Court has denied the appeal of Maj. Gen. Jose Barbieto to be released from military custody until the investigation into his involvement in an alleged extortion racket is complete.
Associate Justice Minita Chico-Nazario of the SC’s Third Division turned down the petition of Barbieto, division commander of the Army’s 4th Infantry Division in Camp Edilberto Evangelista, Cagayan de Oro City.
“The right to liberty is not absolute,” the SC ruled in dismissing Barbieto’s suit, and stressed that Barbieto “cannot just invoke his fundamental right” because “upon him falls the burden of proving that he is being deprived of such right without due process.”
Associate Justices Leonardo Quisumbing, Antonio Carpio, Diosdado Peralta and Roberto Abad concurred.
Barbieto is under investigation after Army personnel accused him and his alleged bagman, Staff Sgt. Roseller Echipare, of grave misconduct and violation of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Barbieto and Echipare were accused extorting P25,000 to P30,000 from Army applicants in order to guarantee their enlistment, as well as soldiers seeking reinstatement despite having been earlier disapproved by the 4th Infantry Division Reinstatement Board and anomalies in clearing the payroll under the Balik-Baril program fund of the Armed Forces.
The Army Investigator General, which also investigated Barbieto and Echipare on the same charges, approved the filing of charges against them for violations of Article 55 or an officer making unlawful enlistment, Article 96 or conduct unbecoming an officer, and Article 97 or conduct prejudicial to good order and military discipline of the Articles of War.
Barbieto’s 10-day leave of absence started on Feb. 20, 2008 paving the way for an impartial investigation. Echipare was arrested and confined in the Intelligence and Security Group Compound in Fort Bonifacio.
The general was arrested and confined a month later to the officers’ quarters while Echipare was transferred to the Custodial Management Unit.
