Prosecutor determined to pursue Joavan case

The Talisay City Prosecutor's Office is determined to pursue the murder case against the adopted son of Mayor Socrates Fernandez even if its vital witness, who is a victim himself, has already executed an affidavit of desistance in the case in which he is the complainant.

City prosecutor Marshall Rubia said that even if Timoteo Aleo has withdrawn the frustrated murder case he filed against Joavan Fernandez, he would still be used as witness in the murder of Panfilo Barinque.

Rubia said Aleo's withdrawal of his case does not mean that he will no longer testify in the murder case. "It doesn't mean nga si Aleo di na mahimo nga saksi sa murder."

According to Rubia, the murder case filed against Fernandez would remain because Barinque's wife who stands as the private complainant has not executed an affidavit of desistance.

But Rubia admitted that their evidence has weakened because of the withdrawal of Aleo, who is supposed to be a vital witness, having been with Barinque when the shooting incident happened in barangay Cansojong two months ago.

Rubia stressed that aside from Aleo, they are also working on other witnesses, adding that the Talisay City Police is helping them find other witnesses against Joavan.

As to the frustrated murder that Aleo has filed against Joavan, Rubia said it would be up to the court whether or not to dismiss the case based on the affidavit of desistance.

However, Rubia said the other case of frustrated murder that Edmund Ong has filed against Joavan, which is still pending before his office, will be dismissed. He explained that he has no legal basis to pursue the case because the complainant has already withdrawn it.

Joavan was pointed to as the one responsible in the two shooting incidents in barangays Cansojong and Dumlog early on August 29. Witnesses identified him as the one who shot Barinque and Aleo in Cansojong.

Twenty minutes later, Joavan was allegedly responsible in another shooting incident that injured Ong and Carlos de la Calzada in nearby barangay Dumlong.

Barinque's widow Alma and son Rustty were surprised upon learning that Aleo has recanted his statement. In an interview, Rustty said Aleo told them that he saw the assailant point his gun to his father before shooting the victim.

Barinque's family, however, said they are still hopeful that justice would prevail. As of this writing, a warrant of arrest against Joavan has not yet released by the court.

Joavan has sent surrender feelers to Regional Trial Court Branch 12, where the case was being raffled off, but he did not show up last night. Judge Estella Alma Singco and her staff even waited for him until 6:00 p.m. - Fred P. Languido and Liv G. Campo