Joavan asks court to quash information, arrest warrant

CEBU, Philippines - After posting bail for serious illegal detention charges, Joavan Fernandez, the controversial son of Talisay City Mayor Socrates Fernandez, has asked the court to quash the information and warrant of arrest issued against him in another case of robbery filed by a vulcanizing shop owner.

The robbery case was filed by Merceditha Abellana against the younger Fernandez after Joavan allegedly stole her TV set and DVD player August last year.

December last year, prosecutors elevated the robbery charges against Joavan to court even if Abellana already withdrew the complaint. The court issued warrant shortly thereafter.

In his motion, Fernandez said the information and warrant of arrest lack probable cause. He also said the prosecutor that filed the information in court allegedly lacked the authority to do so and the allegations in the information reportedly do not constitute an offense.

Regional Trial Court Branch 20 Judge Bienvenido Saniel, who issued the warrant against Fernandez in the robbery case, had recommended P100,000 bail for his temporary liberty. 

She earlier alleged that Joavan took her TV and DVD player, worth P24,000, after she failed to pay for the car tire of Mayor Fernandez that allegedly got lost while at her vulcanizing shop in barangay Tabunok.

However, a few weeks after she lodged the complaint, Abellana filed an affidavit of desistance October last year.

Merceditha regained her appliances after the mayor’s driver allegedly returned them to her shop. The mayor even promised to continue paying for the TV set, which she had acquired through a loan. — Jasmin R. Uy/JMO (THE FREEMAN)