Joavan's "victim" says he did not understand affidavit

CEBU, Philippines – The vulcanizing shop attendant who accused Joavan Fernandez and five of his friends of serious illegal detention and physical injuries yesterday told the court that he did not understand the affidavit he signed to support his complaint.

Osbert Abellana said he did not understand his affidavit because it was written in English. Abellana also said during cross-examination by defense lawyer George Bragat that he could not anymore remember who made him sign the affidavit.

Although it was explained to him in Cebuano, Abellana said he did not fully understand it.

Regional Trial Court Judge Manuel Patalinghug asked Abellana why he signed the affidavit if he did not understand it. But Abellana said it was explained to him and he just nodded.

“Pirma man lang ko kay pirma,” Abellana said.

Bragat confronted Abellana yesterday over his complaint against Fernandez and five other accused. During the cross-examination, Abellana first said he does not remember signing any affidavit relative to the case.

He later remembered having signed an affidavit when a copy of his affidavit attached to the record was shown to him. Abellana said he signed it but could not anymore remember who caused him to sign it and the one who interpreted it for him.

Abellana earlier testified that at past midnight on August 11, 2008, he was tending to the vulcanizing shop of his uncle, Jimmy Abellana, in barangay Tabunok Talisay City when Joavan and a companion arrived looking for his uncle.

Since Jimmy was not around, Abellana said Joavan kicked him twice in his right hip.

Joavan left and reportedly took Abellana’s cousin. But he reportedly came back later and forcibly took Abellana. – Fred P. Languido/LPM (THE FREEMAN)