Joavan meted life

CEBU, Philippines - After being convicted for slight illegal detention three months ago, 31-year-old Joavan Fernandez, controversial son of former Talisay City mayor Socrates “Soc” Fernandez, was convicted again yesterday, this time for three criminal offenses with penalties totaling almost 50 years in prison.

In his 16-page decision, Presiding Judge Soliver Peras of the Regional Trial Court Branch 10 found Joavan guilty for illegal possession of explosives, illegal possession of firearms, and violation of the Commission on Elections gun ban.

“In conclusion, the court finds the evidence of the prosecution to have established the guilt of the accused on all three cases,” read part of the decision.

The court sentenced Joavan to reclusion perpetua, which places a convict in prison for 20 to 40 years, four to six years and two to four years jail terms, respectively. It also ordered for the payment of a P15,000 fine and the turnover of the illegal items to the government.

Both Joavan and his father refused to comment on the judgment since they have yet to confer with their lawyers as to their next move.

Since the judgment imposed a penalty of reclusion perpetua, it will automatically be reviewed by the Supreme Court. The case stemmed from the complaint filed by the Talisay City police following Joavan’s arrest on May 6, 2013 by virtue of a bench warrant for his failure to attend the hearing of his physical injury case.

The police said they recovered a 9mm Black Widow derringer with four live rounds, a fragmentation grenade, and .45 cal. rounds from Joavan’s possession.

During trial, the prosecution presented firearms and explosives license verification documents which confirmed that Joavan is not a registered firearms or explosives holder. A certification from the Commission on Elections Law Department also stated Joavan did not apply for nor was granted a gun ban exemption.

However, Joavan vehemently denied owning the items, saying the police were not able to recover anything when he was frisked.  He claimed that the items were just planted on him.

Joavan’s camp also presented as witness his neighbor Elmer Tan who said on that date he was watching his children playing when saw Joavan arrive in his house onboard a motorcycle with a woman. Tan claimed he did not notice any signs of firearms being concealed when Joavan raised his shirt while complaining of the scorching heat.

He said then he saw the men in civilian attire arrive then handcuff and frisk Joavan. He contended that nothing was recovered from Joavan.

However, the court said it was convinced by the prosecution’s evidence, hinging on occasions where the Supreme Court gave less probative value to alibis which are not substantiated and are “self-serving.”

“The defense failed to show or present any proof that the prosecution witnesses were actuated with bad faith, revenge, hatred or ill motive to frame up  the accused of a crime which he did not commit,” the court explained.

It also did not give credence to the testimony of Tan, saying his act is “in contrast to the normal or ordinary occurrence of everyday events to mankind.”

“If he was watching his children play, he should be near the multicab which would be either at the driveway or a garage or at the front yard. Since the accused was at the terrace, just outside the main house, then the accused’s location is higher than where Elmer Tan was located. He could not have seen PO1 (Edwin) Campomanes (the arresting officer) frisk the accused after his arrest,” it said.

“Furthermore, the arrest was made at 7:00 in the evening; hence, it was already night time. It is rather quite impossible that Elmer Tan’s children, aged two and four years old, were still outside their own house (located) three houses away (from Fernandez’s),” it added.

Peras also said that the defense’s failure to present the female companion of Joavan was “strange”.

“The inescapable conclusion would be that if this woman had been presented in court, she could not corroborate the accused’s claim of innocence,” he stated in his decision.

Last February, the Regional Trial Court Branch 6 also convicted Joavan and his friends Teodoro Ligaray, Benedeck Gabasa, Mark Perez, Leoniver Singson, and Roland Perez for two counts of slight illegal detention with penalty totaling at least 20 years in prison.

More warrants for Florida

Meanwhile, aside from the four warrants of arrest that was already served to suspected myGold robber Michael Florida, the Regional Special Operations Group-7 has secured four more warrants for his arrest for robbery, murder, and frustrated murder.

Senior Inspector Ruel Burlat of RSOG-7 said after Florida’s arrest last week they coordinated with the Police Regional Offices in Mindanao to verify if he had standing arrest warrants and found at least four standing warrants, three of which was issued by a Regional Trial Court Branch 18 and 20 in Pagadian City for robbery in band, murder, and frustrated murder.

Judge Edilberto Absin of RTC Branch 18 did not recommend any bail for his murder case.

Burlat said after initial interview with the suspect he said he was blamed for the death of his former cohort and also for trying to kill his wife, but Florida also claimed he was just framed by another robbery group in Mindanao.

The fourth warrant of arrest was issued by Judge Lynna Adviento, of RTC Branch 58 in Cebu City for robbery in band in connection to the myGold robbery case that was issued on May 11, 2016.

Burlat said RSOG-7 will just wait for the order of the court as to where Florida will be detained while the hearings of his cases are conducted.

Florida and several others are suspected behind a series of robberies in Dumaguete, Tagbilaran, and Cebu. —with Bryner L. Diaz/BRP