CEBU – The Regional Trial Court has acquitted Joavan Fernandez, the adopted son of Mayor Socrates Fernandez, in the murder charge stemmed from the shooting to death of a PUJ driver at the Maglasang Village in Talisay City in August 2006.
RTC Branch 12 Judge Estela Alma Cinco cleared Joavan of the murder charge after the latter filed a demurrer to evidence, citing lack of evidence of the prosecution.
Joavan was accused as the assailant of Panfilo Barinque, the PUJ driver who was shot to death eight times along the road. Joavan was reported to be with three other unidentified men during the incident.
According to one of the witnesses PO2 Joel Rosales, the investigator of the crime, said there were two separate shooting incidents on August 29, 2006 in which Fernandez’s name was involved.
Fernandez was only identified by one of the survivors in the two separate shooting incidents. Timoteo Aleo told police that it was Joavan who shot him.
Aleo said that there were three men who waylaid and shot him, the same statements made also by one of the witnesses in the shooting of Barinque.
The witness said Barinque was shot by three men. But there was no supporting evidence that it was Joavan who really shot the driver.
Joavan’s name was tagged in the shooting incidents because he was identified by Aleo who filed another case against him. Joavan was reportedly found positive of gunpowder in a paraffin test.
In her nine-page decision, Cinco said that in every criminal case, the prosecution must prove two things: the fact of the crime and the fact that the accused is the perpetrator of the crime.
Cinco said that only the accused can only be convicted on credible and convincing testimonies that he is the perpetrator. — Jasmin R. Uy/LPM (THE FREEMAN)