CONCERNED about the safety of the Talisaynons, Supt. Henry Biñas has taken the legal move to place Joavan Fernandez in a rehabilitation facility.
The Talisay City police station chief filed last week a petition before the City Prosecutor’s Office recommending the compulsory rehabilitation of Joavan, Mayor Socrates Fernan-dez’s adopted son.
Joavan has been in the limelight after he figured in a series of controversies in the cities of Talisay and Cebu.
“I made a manifestation that he be placed in compulsory rehabilitation. And it’s up to the prose-cutor’s office or the court to appreciate it,” Biñas said.
He revealed this during a political forum of radio dyAB Abante Bisaya held in Barangay Poblacion, Talisay City yesterday morning.
Biñas shared the same table with other panelists, among them Mayor Fer-nandez. Some administration-allied councilors, mostly seeking reelection in the May 10 polls, were also present.
Socrates didn’t say that he is open to Biñas’ move, but said he will respect the court’s decision.
“Di parehas sa mga tawo nga sa lapad nga puti sa panapton ang gamay nga lama ra ila nakit-an (Some people just see the stain on a big white cloth),” the mayor said.
He added, “Wa pa’y conviction si Joavan sukad. Is it every day that he is in trouble? Di siya ngil-ad ug makalisang nga tawo (Joavan was never convicted of any crime. He is not a bad and scary person),” he added.
If the court rules in favor of Biñas’ petition, it could probably be the first time in Cebu that a suspected drug dependent is ordered confined to a rehabilitation center through a court order.
Biñas said his petition for the rehabilitation of Joavan is a test of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, as he believes that this had not been applied to a suspected drug dependent before.
Biñas cited Article 8, Section 62 of RA 9165, which provides the compulsory submission of a drug dependent charged with an offense to treatment and rehabilitation.
It states that “If a person charged with an offense where the imposable penalty is imprisonment of less than six years and one day, and is found by the prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and transmit copies of the record of the case to the Board (Dangerous Drugs Board).”
“In the event the Board determines, after medical examination, that public interest request that drug dependent be committed to a center for treatment and rehabilitation, it shall file a petition for his/her commitment with the regional trial court or the province or city where he/she is being investigated or tried,” it read.
Earlier, Rep. Eduardo Gullas (Cebu, 1st district) gave Fernandez an advice to send Joavan to a rehabilitation center, to no avail.
In the same forum, Socrates reiterated that he has not taken advantage of his position to free his adopted son from his court cases and his recent brushes with the law.
He denied that he had a hand in the desistance of the Ignacio couple, whom Joavan had almost run over in a traffic accident in Lawaan highway last month.
Instead of helping the injured coupled, Joavan allegedly waved his gun and yelled at them that he is the mayor’s son.
The mayor also denied that he reminded the cashier and pump boys of the Shell gas station in Barangay Bulacao not to blow up the reported harassment of Joavan.
Joavan got mad after the two gas attendants-–Rodel Requina and Roland Nara –-refused to gas up Joavan’s Mitsubishi Pajero on credit.
He reportedly hit the forehead of Requina with his cellular phone and kicked Nara but missed.
The mayor then arrived to advise the gas personnel to refuel the vehicle. The two pump boys have not returned to their workplace since then.
Prior to this, Joavan caused a stir while celebrating his birthday inside a condominium unit in Cebu City after he allegedly threatened a security guard that his armed back ups were on their way.
This prompted the frightened guard to call for assistance from the special weapons and tactics team.
The mayor said he will remain the father of Joavan, whom he considers his life’s cross and trial.
“I could not just throw away my cross,” he added.
Sa ngan sa katawhan... mahimong maliki ang yuta ug lamyon ko.”