CEBU - Joavan Fernandez has entered a not guilty plea during the arraignment in the two counts of serious illegal detention charges that were filed against him and five other accomplices by cousins Osbert and Winston Abellana, workers of a vulcanizing shop in barangay Tabunok, Talisay, who were allegedly abducted and mauled last August 11.
The other accused in the case Benedict Gabasa, Mark Perez, Teodoro Ligaray and two minors also entered a not guilty plea before RTC Branch 22 Judge Manuel Patalinghug yesterday when they were read of the information of the charges that were filed against them.
Joavan’s counsel, George Bragat, who said that he only knew that his client will be arraigned yesterday through newspapers, said in open court that he had already explained the information of the case to his client before appearing in court.
Bragat said that they have already filed an order on the determination of probable cause in the case, but the prosecution’s lawyer William Canta said that they will not be filing an opposition to the order as it is already considered “moot and academic” as it is already too late because the case is already arraigned.
The Abellanas were not present during the arraignment and so was Talisay City Mayor Socrates Fernandez, the adoptive father of the suspect.
Joavan was only accompanied by Talisay policemen and the other accused.
Originally, Joavan was not named in the case.
In the original case information only Benedict Gabasa, 26; Mark Perez, 24; Teodoro Ligaray, 19, and two minors were indicted.
Joavan’s name was added when the information was amended.
Winston Abellana, 18, who earlier executed an affidavit of desistance, as one of the complainants, was still included as complainant.
Patalinghug said yesterday that the court will still tackle Winston’s withdrawal, saying that “the law frowns on affidavits of desistance.”
But he added that the affidavit of desistance may be used by the defense to move for a dismissal of the case against Joavan.
The judge added that no bail was recommended because of the seriousness of the case.
He added that the Department of Social Welfare and Development (DSWD) has to have sufficient grounds if they will formally ask the court to have the two accused minors placed under their custody.
Among the issues that the court has to settle is whether or not the two minors acted with discernment in committing the crime.
The two victims were allegedly mauled, hogtied and handcuffed by Joavan and his companions last Aug. 11 over a missing spare tire. — /NLQ (THE FREEMAN)