CEBU, Philippines – The controversial adopted son of Talisay City Mayor Socrates Fernandez, Joavan, has been temporarily released from jail after the Regional Trial Court granted his petition for bail.
The younger Fernandez is facing charges for two counts of serious illegal detention for allegedly mauling and detaining cousins Oscar and Osbert Abellana last year.
Joavan, who is also facing robbery and possession of illegal drug paraphernalia charges, went to court in handcuffs yesterday and was able to post a P200,000 bail.
He was made to post a bail of P100,000 for each count.
Regional Trial Court Branch 22 Judge Manuel Patalinghug approved the petition filed last March by Joavan’s lawyer George Bragat, who stated that the evidence is inherently weak and devoid of legal and factual basis.
Joavan’s release order came out at around 4 p.m.
The co-accused were not however able to post bail and have remained in detention.
The others charged with Fernandez are Benedect Gabasa, Mark Perez, Teodoro Ligaray, and two minors.
Last January, the court ordered the release of Fernandez’s two companions to the custody of their parents pursuant to the Juvenile Justice and Welfare Act of 2006.
Joavan, together with five companions, allegedly mauled and detained cousins Winston and Osbert Abellana on August 11, 2008.
During the trial, the prosecution presented three witnesses — Osbert Abellana, his father Oscar and PO3 Arnold Damasco.
The court only focused on the testimonies of the Abellanas as they were the eyewitness to the incident.
In the criminal case filed by Winston Abellana, he was not presented in court as he filed an affidavit of desistance during the presentation of evidence.
In one of the proceedings, it was admitted that Winston was not forcibly taken by Joavan Fernandez.
He reportedly went with Joavan to their house since he was asked by the mayor’s son where he lived.
In the testimony of Osbert, he said that Winston went with Fernandez on his vehicle and directed him to their house.
On the case filed by Oscar Abellana, Osbert’s father, the testimonies made by Oscar were contradicting.
Oscar made different testimonies on the rescue of his son Osbert as he said that he saw Joavan flee from his house where his son was allegedly detained. Later, he said that he did not see the younger Fernandez when they arrived at Joavan’s house when Osbert and Winston were rescued.
Osbert claimed that he was told by Joavan to go to his (Fernandez’) house because of the allegation of Winston that his cousin also had a hand in selling the missing spare tire of the vehicle of the mayor.
Patalinghug said that after an assiduous review and analysis of the testimony of the alleged eye witness, the court cannot find any indication or showing that the complainant was forcefully transported away, locked up and restrained of his freedom and prevented from communicating with anyone.
“This conclusion is not, in any way, an acquittal or a pronouncement of guilt beyond reasonable doubt and neither is this declaration of moral certainty as to the commission of the offense, this court is inclined to believe that the evidence so far presented by the prosecution did not constitute a strong evidence of guilt as to warrant the denial of the petition for admission to bail,” Patalinghug said.
“The court in discharging its mandated duty is tasked to consider two crucial points in sustaining a finding that the evidence of guilt is strong: first, the identification of the accused as the perpetrator of the crime, taking into account the credibility of the prosecution witness as well as the prosecution’s compliance with the legal and constitutional standards and second, all the elements constituting the crime were duly proven by the prosecution to be present.
“Failing in either of these, the court cannot do otherwise, but to sustain a finding that the evidence of guilt is not strong and concomitantly, the accused shall be entitled to post bail,” the order read.
Under the Bill of Rights of the 1987 Philippine Constitution, the accused can be denied the right of bail if there is strong evidence in charges that carry the penalty of reclusion perpetua or life sentence. —/NLQ (THE FREEMAN)