Strong evidence vs Joavan

CEBU, Philippines – Despite the court’s granting of bail to the controversial adopted son of Talisay City Mayor Socrates Fernandez, the prosecutor’s office insisted that it has strong evidence in the case against Joavan.

Talisay City Prosecutor Marshall Rubia said they were surprised by the order of Regional Trial Court Judge Manuel Patalinghug that allowed Joavan to post P200,000 bail on two counts of serious illegal detention with physical injuries because the evidence of the prosecution was weak.

Rubia explained that they have not presented all their evidence yet, saying that they still have more pieces of evidence that are supposed to be presented before the court.

“Of course at this stage we can say that our evidence is weak because we have not presented them all yet,” Rubia said over dyLA.

Asked what would be their next move after the release of Joavan Thursday night, Rubia said he still has to read the order but would probably consider filing a motion for reconsideration.

Rubia dismissed suspicions that his office may have been lax in handling Joavan’s case because he is a son of the mayor. According to him, they have done their best in the prosecution of the case.

In fact, Rubia said they were able to have the complainants, Osbert and his father Oscar Abellana, placed under the witness protection program of the Department of Justice.

Oscar and Osbert pursued the charges against Joavan and his friends - Benedict Gabasa, Mark Perez and Teodoro Legaray - and two minors who were previously released by the court to the custody of their parents despite the desistance of other complainants.

The charges stemmed from the alleged detention and mauling by Joavan and his friends of vulcanizing shop workers, cousins Osbert and Winston Abellana, on August 11, 2008.

Winston withdrew from pursuing the case and executed an affidavit of desistance, but Osbert and his father continued with the case.

Joavan got angry with Osbert and Winston because of the missing spare tire of his father’s vehicle, which was left at the vulcanizing shop. 

Yesterday, Gabasa, Perez and Ligaray also posted P200,000 bail each for each of the two counts of serious illegal detention charges. — Fred P. Languido with Jasmin R. Uy/LPM (THE FREEMAN)