Obstruction case versus Fernandez to continue

CEBU, Philippines — The criminal case for obstruction of justice filed against former Talisay City mayor Socrates Fernandez, currently serving as a city councilor, will go on.

The Sandiganbayan 5th division has denied the motion filed by Fernandez for leave to file demurer to evidence, ruling that the prosecution was able to sufficiently establish its case.

“Given the sufficiency of the testimonial and documentary evidence to sustain the indictments against the accused, to allow him leave of court to file a demurer to evidence at this stage will only delay the proceedings in this case,” read the resolution promulgated January 10, 2019.

Associate Justice Maryann Corpus-Mañalac, in her penned resolution, said Fernandez has to present evidence to refute the allegations filed against him.

Fernandez was charged before the Sandiganbayan after the Office of the Ombudsman-Visayas found probable cause that he committed obstruction of apprehension and prosecution of criminal offenders.

Allegedly Fernandez, being then mayor, committed an offense in relation to office and taking advantage of his position on June 4, 2010, when he unlawfully retrieved a red ladies’ bag from a sport utility vehicle.

The vehicle was impounded by the police after Joavan, the adopted son of Fernandez, was accused of pointing a gun at a businessman after their vehicles nearly collided in Barangay Bulacao, Talisay City.

Despite the objection of the police, Fernandez opened the vehicle of Joavan and took the bag inside.

Fernandez, in his motion, claimed the prosecution failed to meet the requirements of proof beyond reasonable doubt to establish his guilt for obstruction of apprehension and prosecution of criminal offenders.

However, the prosecution opposed the motion. They claimed they were able to prove their case that Fernandez committed the crime when he took the bag inside the vehicle, which was under the custody of the police.

The Sandiganbayan ruled that the prosecution was able to sufficiently establish its case. A warning was made to Fernandez but it went unheeded.

In addition, Fernandez allegedly refused to turn over the bag taken from the vehicle which could be used in the investigation of Joavan’s case.

“Apparently, one who knowingly and willfully impedes a lawfully conducted police investigation of a crime by secreting, suppressing or destroying evidence knowing it is being sought by the investigating officers may be prosecuted for the crime of obstruction of justice,” the resolution read. — BRP (FREEMAN)