Tuesday, October 07, 2008 No bail set for serious illegal detention case; Winston still a complainant: judge
NO BAIL was set in the serious illegal detention charges against Joavan Fernandez when the case was formally elevated in court yesterday, nearly two months after the alleged crime.
The complainant who withdrew his charge against the adopted son of Talisay Mayor Socrates Fernandez will have to explain himself on the witness stand.
This is according to Regional Trial Court (RTC) Branch 22 Judge Manuel Patalingjug, who will be hearing the case of two counts of serious illegal detention against Joavan and five accomplices.
Talisay City Prosecutor Marshall Rubia filed yesterday morning the amended case information, which included Joavan’s name.
The original case information only indicted Benedict Gabasa, 26; Mark Perez, 24; Teodoro Ligaray, 19, and two minors.
The amended information still listed Winston Abellana, 18, who earlier executed an affidavit of desistance, as one of the complainants.
Patalingjug said yesterday that the court will still tackle Winston’s withdrawal, saying that “the law frowns on affidavits of desistance.”
But he added that the affidavit of desistance may be used by the defense to move for a dismissal of the case against Joavan.
The judge added that no bail was recommended “because of the seriousness of the situation.”
“But if evidence of guilt is not strong, we can grant bail,” Patalingjug explained.
He added that the Department of Social Welfare and Development (DSWD) has to have sufficient grounds if they will formally ask the court to have the two accused
minors placed under DSWD’s custody.
Among the issues that the court has to settle is whether or not the two minors acted with discernment in committing the crime.
The alleged victims in the serious illegal detention case against Joavan and his companions are Winston and his cousin Osbert, 21.
Ouster
The two were allegedly mauled, hogtied and handcuffed by Joavan and his companions last Aug. 11 over a missing spare tire.
Winston’s aunt, Mercedita, who owns a vulcanizing shop, recently withdrew her robbery complaint against Joavan.
But apart from a mounting pressure to discipline his adopted son, Mayor Fernandez is facing yet another challenge, this time, to fight off an impending ouster move against him.
Businessman Crisologo Saavedra, a whistleblower, yesterday announced that he is initiating a petition before the Commission on Elections (Comelec) to have Fernandez recalled for “loss of confidence.”
“We are in the process of working this out. This month we will focus on gathering signatures before filing the recall petition,” said Saavedra.
Saavedra stressed that there has been no political backing in spearheading the recall move, saying this his way of running after government officials who would abuse themselves in power.
He is eyeing to muster at least 20,000 signatures from among the Talisaynons.
The recall petition requires at least 20 percent of those who actually voted in the last elections, said Rubia, a former Comelec 7 legal officer.
Although the Comelec recorded a total of 88,697 registered voters in Talisay City, only more than 60,000 had actually voted in the May 2007 polls.
The recall must be conducted a year after the election of the incumbent official and a year before the next polls.
But Rubia said that a Talisay city resident, not Saavedra, should stand as the recall petitioner.
Initially, Saavedra found an ally in taxi dispatcher Oscar Abellana, father of Osbert, who is now the lone complainant in the serious illegal detention case against Joavan.
“Mo suporta gyud ko, maayo na siya matangtang kay bakakon kaayo na nga mayor (I will support the recall petition because our mayor is a liar),” Oscar added.
Interviewed separately, Mayor Fernandez welcomed the recall petition, saying that “anybody from any corner in Cebu province” can file one under the climate of democracy.
But he questioned the propriety of filing a recall petition, adding that the ground of loss of confidence is “subjective” that could merely be in Saavedra’s perception.
“Maybe there are some quarters who are discontented with our good management and pro-poor programs at City Hall,” said the mayor, who started his political career as town councilor in 1980.
Mayor Fernandez, also a former vice mayor, insisted that he has not been remiss on his duty to help the poorest of the poor through the City’s programs on livelihood, housing and education.
He lamented that being a city mayor, he got dragged into his son’s reported skirmishes with the law.
Bible verses
Fernandez, a Bible preacher, cited Exequiel 18-20 in the Holy Bible which states that a father should be not blamed for the fault of one’s son or the other way around.
Other related developments:
l Rep. Eduardo Gullas (Cebu, 1st district), Fernandez’s political ally, refused to comment on the ouster call, pleading to ask for time to make his stance on the matter.
l “Any crusading citizen can avail of the (recall) process. But I’ll have to make may stand at a proper time,” said Gullas, who crossed line with Saavedra in an interview over dyRF Radio Fuerza yesterday morning.
l Oscar complained that Joavan, backed by five men, came to the parking area of taxi units in Tabunok and asked a certain Dodong Magno, a friend, for his whereabouts last Sunday dawn.
l Magno, who pitched in for Oscar’s taxi-dispatching job, cautioned Oscar to be extra-vigilant. Luckily, Oscar said he was not there as he usually goes home in the hilly village Carcar during weekends.
l City Human Resource Management Officer Emely Cabrera said that Winston has not been employed as among the newly hired job orders at City Hall. “There are a lot of Abellanas in our job orders’ list, but Winston is not one of them,” she added.
l Cebu Provincial Police Office Director Carmelo Valmoria does not consider him a “pain in the neck.” “If there is a violation, we do not care who he is. We will file charges against anybody,” he told reporters.
l Kashmir dela Cuesta, who earlier accused Joavan of threatening him and hitting him last Friday, reportedly told police he was not interested to pursue a case against Joavan. (KAB/GC/MEA)
