Joavan to appeal conviction

CEBU, Philippines - Joavan Fernandez, the controversial son of former Talisay City mayor Socrates Fernandez, will contest the decision of the Regional Trial Court convicting him for illegal possession of firearms and explosives with a total jail term of about 50 years.

George Bragat, Joavan’s legal counsel, already filed a notice of appeal informing RTC Branch 10 Judge Soliver Peras that Joavan will bring his case to the Court of Appeals.

Bragat said Joavan is not satisfied with the ruling, questioning the “facts and law” contained in the decision.

The court sentenced Joavan with reclusion perpetua, which places a convict in prison for 20 to 40 years, for illegal possession of explosives, four to six years for illegal possession of firearms and two to four years for violation of the Commission on Elections gun ban. It also ordered for the payment of a P15,000 fine and the turnover of the illegal items to the government.

Peras said that he was convinced by the prosecution’s evidence and so ruled in favor of the prosecution, hinging on occasions where the Supreme Court gave less probative value to alibis which are not substantiated and are “self-serving.”

During trial, the prosecution presented verification documents confirming that Joavan is not a registered firearms or explosives holder.

A certification from the Commission on Elections Law Department also stated that Joavan neither applied for nor was not granted a gun ban exemption.

Joavan had claimed the police were not able to recover anything when he was frisked and that the police just planted the firearm and ammunition on him to incriminate him.

The court, however, did not give credence to Joavan’s testimony.

“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,” it explained.

The case stemmed from the complaint filed by the Talisay City police who frisked Joavan following his arrest on May 6, 2013 for his failure to attend the hearing of his physical injury case.

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