THE trial of the criminal case against Talisay City Councilor Socrates Fernandez before the Sandiganbayan continues.
This, after the anti-graft court’s Fifth Division denied for lack of merit Fernandez’s motion to dismiss the obstruction of justice case, which the police filed against him for meddling in the case of adopted son Joavan in 2010.
“Nowhere is it alleged in the motion that the accused suffered any prejudice by the delay of the resolution of his case before the Office of the Ombudsman,” read the resolution penned by Associate Justice Rafael Lagos.
The Ombudsman-Visayas filed the obstruction of justice case against Fernandez before the Sandiganbayan on Feb. 13, 2017.
The case stemmed from the complaint the Cebu Provincial Police Office (CPPO) filed against Fernandez when he was still mayor for obstruction of justice, grave misconduct and abuse of authority.
In June, SPO1 Elmo Rosales, case investigator, asked the Ombudsman to conduct a preliminary investigation into the allegedly illegal seizure by the mayor of evidence found in Joavan’s vehicle last May 4, 2010.
Joavan’s vehicle was impounded after a businessman accused him of poking a gun at him after their vehicles nearly collided in Bulacao, Talisay City.
After the incident, the policemen frisked Joavan but they did not recover a gun. Authorities then placed his vehicle under their custody, pending the application of a search warrant for a firearm allegedly used by Joavan.
But even before the vehicle could be searched, Rosales said Fernandez opened the vehicle and took a lady’s bag even if the car was under police custody.
In his motion, Fernandez said the Ombudsman denied his right to a speedy trial since it took about five years for the anti-graft office to resolve and file the complaint.
In the resolution, the Ombudsman said the supposed delay is justified because of the change of leadership in the Office of the Ombudsman in 2011.
“Despite the number of years it took the Office of the Ombudsman to finally file the information, the alleged delay cannot be characterized as vexatious, capricious, and oppressive,” the resolution read.