Cop: Joavan, father had agreement before arrest

Murder suspect Joavan Fernandez and his father, Talisay City Mayor Socrates Fernandez, had a crucial agreement before the former was arrested, according to the policeman who responded to the shooting incident in barangay Cansojong, Talisay City last year.

PO1 Erwin Carbonquillo told the court yesterday that the 23-year-old Fernandez and his father had both agreed that the police may place him under arrest should the victim positively identify him as the one who pulled the trigger.

The agreement was reached at the police station where Carbonquillo met the father and son appeared on October 5, 2006 in order for Joavan to clear his name.

This agreement actually materialized the next day when the three went to the Vicente Sotto Memorial Medical Center where one of the victims, jeepney conductor Temoteo Aleo, was confined.

At the hospital, Aleo positively identified Joavan as the one who shot him and jeepney driver Panfilo Barinque, thus, leading to Joavan's arrest.

When the court asked Carbonquillo if the situation was normal considering that Joavan was not placed on a line-up where a witness is given a chance to pinpoint the perpetrator, Carbonquillo said it was already preempted by the agreement at the police station.

Joavan and three other unidentified persons are facing a murder charge before the Regional Trial Court Branch 12 for the death of Barinque. A separate case of frustrated murder is pending before Branch 18 for the shooting of Aleo.

Interestingly, Branch 18 Presiding Judge Gilbert Moises has issued a bench warrant against Aleo for not appearing in court.

Joavan, who posted P200,000 bail for his temporary liberty, has denied involvement in the incident, saying he was at home when it happened.

The mayor is also convinced that his son is innocent of the crime. He had said it was in fact Joavan's decision to undergo a paraffin test to prove that he did not shoot the victims.

Aleo, 32, a resident of Caduldulan, Lawaan III, had claimed that he and Barinque were sitting in a kiosk in Maglasang Subdivision in barangay Cansojong at 3 a.m. on August 29, 2006 when Joavan with three other men approached them and asked if they recognized a member of the Tau Gamma Phi fraternity.

Joavan then allegedly aimed a gun at them and opened fire. - Joeberth M. Ocao/LPM