CEBU, Philippines - The arraignment of Joavan Fernandez in the recent cases against him for alleged illegal possession of firearms and violation of the Comelec gun ban did not push through yesterday after the prosecution moved to split the cases into two.
Lawyer Floralil Albert of the prosecution said the court should not resolve “two cases in one act” and that the two cases must be separated.
But Fernandez’ lawyer George Bragat said they will oppose the prosecution’s move through a formal pleading.
Fernandez himself was late in yesterday’s arraignment, which prompted Bragat to call his client twice.
Regional Trial Court Judge Douglas Marigomen gave both parties 30 days to submit their position papers and memoranda.
Fernandez’ arraignment has been reset to September 17, 2010.
Fernandez was arrested after nurse Vincent Joe Castrodes complained that the son of Talisay Mayor Socrates Fernandez pointed a gun at him at the height of a traffic misunderstanding in barangay Bulacao.
Castrodes was driving his BMW and heading towards the south when a red Isuzu Bighorn was coming out of the gate of Vista Grande Subdivision.
Since the Bighorn suddenly blocked his way, Castrodes, a resident of F. Llamas St., Cebu City, honked his horn, which apparently irked Joavan, reportedly the driver of the Isuzu Bighorn.
Castrodes said that the driver of the SUV, who he later identified as Joavan, got out of the vehicle then pointed a gun at him before returning to his vehicle and speeding off. The victim said that he rushed to the Talisay Ciy Police Station in Barangay Poblacion after the incident to report the matter. (FREEMANNEWS)