Murder charges filed vs. Joavan Fernandez

The Talisay City Prosecutors Office yesterday filed murder charges against Joavan Fernandez, the adopted son of Talisay City Mayor Socrates Fernandez for the murder of a jeepney driver.

After almost a month since the incident happened, Talisay City prosecutor Marshall Rubia indicted Fernandez in the murder of PUJ driver Panfilo Barinque last August 29 at about 3:30 dawn.

Barinque was sitting in a kiosk in barangay Cansojong, Talisay City together with his conductor Timoteo Aleo when Fernandez and three unidentified companions on board a Toyota Revo arrived and without any provocation fired at them.

Barinque died on the spot while Aleo survived the attack. Aleo positively identified Fernandez as the one who alighted from the Toyota Revo and fired at them using a cal. 45 pistol. Aleo earlier charged Fernandez with frustrated murder, which is now pending before the Regional Trial Court.

Fernandez denied the charges during the preliminary investigation conducted by the Talisay City Prosecutors Office claiming that he was in a house of prayer in barangay Candulawan when the alleged shooting incident happened.

Fernandez said that he stayed there from 11 p.m. of August 28 until 5:30 a.m. of August 29. But despite his denial, Fernandez, however, was found positive of gunpowder burns in a paraffin test.

Rubia, in a two page resolution finding probable cause to charge Fernandez with murder before the court, said that the Supreme Court has held in a long line of decisions that alibi is the weakest defense.

"The positive identification by complainant's witness, Timoteo Aleo, of respondent Joavan Fernandez as the perpetrator of the alleged crime, and the other evidences submitted before this investigator, far outweighs the defense of alibi by the respondent," Rubia said in his resolution.

No bail was recommended for Fernandez' temporary liberty, which means that as soon as the court issues a warrant for his arrest he will be detained at the Talisay City Jail. - Fred P. Languido/QSB