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Saturday, October 04, 2008
Raps vs mayor's son 'junked' for City Hall job
CEBU CITY -- Were the complainants offered cash and job employment at City Hall so they would clear the adopted son of Mayor Socrates Fernandez of any criminal liability?
Oscar Abellana, Winston's uncle, revealed that he heard from his sister-in-law, Mercedita Abellana, that Winston was set to start his new job at City Hall this month.
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Apart from this, Oscar quoted his younger brother, Rolando, as saying that Mercedita allegedly got P20,000, which she reportedly used to pay her debts.
Mercedita and her nephew Winston filed last Thursday separate affidavits of desistance withdrawing their serious illegal detention and robbery complaints, respectively, against Joavan Fernandez, the mayor's adopted son.
"That's what I knew of that he (Winston) is going to start his work at City Hall," said Oscar, a taxi dispatcher.
A reliable source told reporters Friday that Winston, 18, was seen Thursday at City Hall carrying with him a punch card, raising speculations of his hiring as a job-order employee.
As for Mercedita's receipt of P20,000, Rolando denied Oscar's allegation, saying his brother merely misinterpreted his statement.
Without a lawyer's assistance, Winston first submitted his two-page affidavit of desistance last Thursday around 2 p.m. Mercedita came two hours later.
A mayor's relative and a male office staff member were reportedly seen at the prosecutor's office during the submission of their affidavits, another source said.
Winston denied he and cousin Osbert were forcibly taken from the vulcanizing shop in Tabunok to Joavan's residence on Sitio 8th St., Lower Mansueto, Barangay Bulacao last August 11 past 1 a.m.
He said he was merely invited by Joavan to his house to make their conversation in private on the missing spare tire of Mayor Fernandez's service vehicle.
Contrary to his earlier claims, Winston admitted he and Osbert sold the tire while it was being fixed at the shop and "I really apologized to Joavan for such an act."
However, Joavan initially turned down his apology, as he wanted Osbert to be included in the inquiry, he said.
"This made me anxious and so I panicked...I instinctively ran away from him," Winston said.
His attempt to escape caused a commotion in the neighborhood that led to his mauling after someone yelled of the presence of a thief.
Winston said Joavan came to his rescue, stopping the angry mob from beating him up.
Later, Joavan left the area to fetch Osbert and then called tanods to place them in the barangay's custody.
"I agreed to accompany Joavan so that we can talk privately. I went with him voluntarily without any threats on my life or on the life of Osbert Abellana nor did Joavan use any gun to coerce me in going with him," he said.
Winston said he did not even know of his attackers until the police arrived and identified them.
As to Winston's reported employment at City Hall, reporters tried to clarify this from City Human Resources Development head Emely Cabrera to no avail.
Cabrera was not around in her office during and after the holding of a first Friday mass at the People's Hall Friday morning.
Later in the afternoon, Sun.Star contacted her cellular thrice but got no answer. A staffer said Cabrera was out to follow up their office uniform when Sun.Star Cebu called her office up past 1 p.m.
If Winston's employment is true, this is not the first time a victim's relative was hired at City Hall at the behest of Mayor Fernandez.
Last year, Rusty, son of the slain PUJ driver Panfilo Barinque, got hired under the employment quota of the mayor and was detailed at City Assessor's office.
Rusty's hiring raised speculations of a settlement scheme for the Barinque family to withdraw the murder case against Joavan.
Joavan stands accused of murder for allegedly shooting to death Panfilo in 2006. He is out on a P200,000 bail.
Like the Abellanas, Rusty's mother Alma had signed an affidavit of desistance, as she was reportedly bothered that Joavan would be detained without witnesses identifying him as the culprit.
Timoteo Aleo, Panfilo's wounded jeep conductor, also filed a frustrated murder complaint after identifying Joavan as the one who shot them in Barangay Cansojong.
Joavan was also linked to another shooting incident that occurred in Barangay Dumlog minutes after the attack on Aleo and Panfilo.
Victims Edmund Ong and Carlos dela Calzada were merely hanging out at a roadside burger stand when they were shot.
But the criminal cases never prospered, as they also issued affidavits of desistance.
For her part, Mercedita, in her new affidavit, denied that Joavan stole the 21 inch Sanyo colored TV set and the DVD player, as she allowed the latter to take these items.
She said they agreed that the appliances, owned by Winston's father Jimmy, be used as guarantee until she could pay the tire's amount in due time.
"Joavan Fernandez agreed to this temporary arrangement. Thus, I instructed Osbert to accompany Joavan and Kashmir dela Cuesta to the vulcanizing shop in order to secure the TV set and DVD player," she said.
Other related developments:
* Oscar cried foul on the retraction of Mercedita and Winston, saying his sister-in-law should be criminally charged for her act.
The backing out of Mercedita and Winston left Osbert, 21, as the sole complainant on the serious illegal detention case.
Oscar said he is worried of the security of his son, who returned to their home in the hilly village of Carcar, following the mauling incident last August.
The taxi dispatcher stood pat of his earlier statement that it was Joavan who grabbed Winston and Osbert from the vulcanizing shop at gunpoint.
Had he not run away and sought help of the police, Oscar said he would have also been taken by Joavan and his cohorts.
* Vice Mayor Lani Abarquez and Councilor Alan Bucao, the lone independent legislator, were saddened by the withdrawal of the criminal complaints.
Abarquez recalled that she even assisted the Abellanas for financial aid from City Hall's social welfare office, as they vowed to pursue then their case in court.
* Radio dyAB reported that the Integrated Bar of the Philippines-Cebu Chapter will provide legal aid to Oscar and his son Osbert to pursue the legal battle. An IBP lawyer is reportedly set to meet the father and son on Monday.
* City Prosecutor Marshall Rubia said that both Mercedita and Winston can be charged with perjury as long as the complainant is one of the affected parties, most probably, Osbert.
* Oscar also disclosed that Mayor Fernandez also asked him for a private talk soon.
He said the mayor made such a proposal when he handed a certificate declaring him as a bona fide dispatcher in Barangay Tabunok area last Thursday past 1 p.m.
The certificate is considered valid until "a misconduct is done" or it is renewed in 2009.
Oscar said it was the first time that he received a City Hall certificate since he has been working as a taxi dispatcher at a private lot near the Tabunok flyover for several years.
Oscar gets paid P6 for every taxi that leaves the area, but has to pay P200, as his daily renting fee on the private lot.
But Rolando, also a PUJ dispatcher, clarified that Oscar had no idea about the certificate, as he was the one who asked for it from City Hall.
Quoting a source, ABS-CBN's TV patrol Cebu reported Thursday that Mercedita and her son, a certain Undong Dako, Jimmy and Winston allegedly met Mayor Fernandez at Mang Mario Grill House along the highway in Barangay Linao.
The Abellanas were reportedly picked up at the Talisay South Central Square in Lawaan 3 last Wednesday around 4 p.m.
Fernandez, who attended the first Friday mass at City Hall, refused to comment on the case involving his son. His lawyer advised him to keep silent.
Though, he earlier said he was only extending his hand to the Abellanas for them to reopen their vulcanizing shop business in Tabunok.
Despite the filed affidavits of desistance, Fiscal Rubia said the prosecution office would still elevate two counts of illegal detention case against Joavan in court.
Rubia cited three grounds:
* The prosecution has already resolved the case finding probable cause to lodge the information in court. This includes the review on Joavan's filed motion for reconsideration.
* The desistance was not among the issues raised when the case was resolved and;
* Osbert has not filed an affidavit of desistance.
As of press time, Rubia said the case might be filed either Friday or on Monday. (Garry A. Cabotaje/Sun.Star Cebu)
For more Philippine news, visit Sun.Star Cagayan de Oro. (October 4, 2008 issue)
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