Judge in Joavan case asked to inhibit

CEBU, Philippines – Prosecution lawyers of the serious illegal detention charges filed against Joavan Fernandez have filed a motion for reconsideration and inhibition against Regional Trial Court judge Manuel Patalinghug yesterday after the latter granted the temporary liberty of Fernandez.

Oscar and Osbert Abellana’s lawyers, Talisay City Prosecutor Marshall Rubia and Prosecutor Benjo Luther Macion, said that the prosecution believes that the mentioned basis in granting the motion to bail is just tidbits of the whole testimony and evidence presented and not the real story itself.

“The prosecution believes that in granting the petition for bail filed by the accused on the basis that the evidence presented by the prosecution does not constitute a strong evidence of guilt, the objectivity of cold neutrality required of a judge is now put in question…There now exists in the honorable judge’s mind a preconceived notion of the outcome of the case and he might not resolve this motion for reconsideration without prejudice,” the motion read.

Prosecution lawyers also said that during the hearing for the petition for bail, Patalinghug allegedly insisted that they should only present eyewitnesses.

“If the evidence was to be taken as a whole, the prosecution believes that the strength of its case will be fully appreciated,” the prosecution said.

The motion also said that the joint affidavit of desistance filed by Winston Abellana is “evidently not a clear repudiation of the material points alleged on the information and proven at a trial but a mere expression of the lack of interest to pursue the case”.

Joavan, the controversial adopted son of Talisay City Mayor Socrates Fernandez has been temporarily released from jail after the RTC granted his petition for bail.

Joavan is facing charges for two counts of serious illegal detention for allegedly mauling and detaining cousins Oscar and Osbert Abellana last year.

He was made to post a bail of P100,000 for each count.

Patalinghug approved the petition filed last March by his lawyer George Bragat said the evidence is inherently weak and devoid of legal and factual basis.

The others charged with Fernandez are Benedict Gabasa, Mark Perez, Teodoro Ligaray and two other 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. – Jasmin R. Uy/BRP (THE FREEMAN)