Friday, October 10, 2008 Abellanas seek protection, cite threats By Katrina A. Balmaceda & Garry A. Cabotaje Of Sun.Star Cebu
DETERMINED to pursue his case against Joavan Fernandez, Osbert Abellana sought protection for his life and that of his family yesterday.
He and his father Oscar arrived past 2 p.m. at the Department of Justice Action Center (DOJAC), which houses regional state prosecutors handling the government’s Witness Protection Program (WPP).
If their application is approved, they will be kept in a safe house and get a monthly stipend, pending resolution of the two counts of serious illegal detention they filed against Mayor Socrates Fernandez’s son Joavan.
After an interview with Osbert and Oscar, Regional State Prosecutor (RSP) II Graeme June Elmido explained the Abellanas’ application for witness protection will be sent to the DOJ central office as soon as all requirements are submitted.
Whether a witness is really in need of and qualified for the WPP, is for Justice Secretary Raul Gonzales to decide.
To prove that their lives have been threatened, Osbert and his father gave a police blotter report on grave threats that Joavan allegedly inflicted on Oscar. They also presented police blotter records of the alleged kidnapping of Osbert, 21, and his cousin Winston Abellana, 18, last Aug. 11.
Osbert was clearly anxious yesterday, crouching and fidgeting about. He kept his head bowed low and stayed close to his father.
Offers
Osbert and Oscar also executed a joint affidavit before Elmido yesterday.
“Hadlok gyud intawn kay kwartahan man gud sila. Pero di gyud ko muatras (I’m certainly scared considering that they are rich. But I’m not backing out),” Osbert said, referring to Joavan and the mayor.
As he waited for the processing of their application, Oscar told Sun.Star Cebu that Mayor Fernandez has tried visiting him five times. But Oscar would run away each time.
It was last Oct. 2 when the two finally faced each other.
That was when Mayor Fernandez allegedly confirmed that Osbert’s cousin Winston, who recently withdrew his accusations against Joavan, had indeed been employed by the Talisay City Government.
“Sa semento man to (His work has something to do with cement),” he told reporters yesterday.
Oscar admitted, though, that he did not really know what will happen to him and his family if they are admitted into the WPP. It was Thelma Chiong, mother of two girls who were murdered 11 years ago and leader of the Crusade Against Violence, who suggested the move to them.
The WPP is covered by Republic Act (RA) 6981.
Under this act, the witness is placed in a safe house. He has to limit his movements or at least inform officials of his activities. When he goes to court for trial and investigation proceedings, armed escorts accompany him.
Anyone may apply for the WPP, whether he is an indigent or not; whether the threat he faces is imaginary or not.
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But applications are carefully evaluated.
“Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasi-judicial, or before any investigating authority” may seek government protection, said Elmido, quoting from RA 6981.
The crime witnessed or being testified about must be a grave felony.
Talisay City Prosecutor Marshall Rubia said the monthly allowance would depend on the evaluation of the DOJ.
Oscar, a taxi dispatcher in Barangay Tabunok, Talisay City, reunited with his wife and Osbert, who arrived early yesterday morning from Carcar City.
The father and son proceeded then to the Talisay City Police Station in Poblacion, where Oscar had the latest threat on his life recorded in the blotter.
The 58-year-old Oscar said that five men, including Joavan, looked for him at the parking area of taxi units in Tabunok last Sunday dawn.
The five people allegedly asked Dodong Magno, who pitched in for Oscar’s taxi-dispatching job, about his whereabouts.
Drop it
Apart from threats, Oscar said he has been bothered by some people, including his younger brother Rolando, who kept on persuading him to withdraw the criminal case.
“They discourage me from pursuing the case because it’s reportedly getting weak following the affidavits of desistance of Merceditha and Winston,” he said.
Merceditha, a 46-year-old widow, is Oscar’s sister-in-law. Her husband, Bienvenido Sr., died in 2003. Merceditha owns the Bebot vulcanizing shop along the highway in Barangay Tabunok where Osbert and Winston worked as shop attendants.
From the police station, the Abellanas filled up the witness protection application form in Rubia’s office past 10 a.m. They went back to the police station to comply with the requirements such as the police report, grave threat report, sworn statement of the investigating officer and Oscar’s marriage certificate. All the time, they carried with them their two backpacks.
“There is no turning back for us. I can endure staying in a safe house as long as I have something to work with to while away the time,” added Oscar. (KAB/GC)
