Police file charges against Joavan

CEBU, Philippines - Charges against the notorious Joavan Fernandez were elevated to court  yesterday after he refused to undergo a preliminary investigation at the Provincial Prosecutor's level.

Joavan is facing charges of illegal possession of firearms and violation of the Commission on Election (Comelec) gun ban at the Regional Trial Court in Barili after police recovered a .45 caliber handgun from him during his arrest in Barangay Saavedra, Moalboal town Monday.

State Prosecutor Jerome Abarca recommended bail of P60,000 for the gun ban violation and P50,000 for the illegal possession of firearms.

Joavan's companions, Beneto Sellon, 48, and Carlito Cañada, 38, both from Tulay in Minglanilla, were charged for obstruction of justice for allegedly trying to help the son of Talisay City Mayor Socrates Fernandez escape from Moalboal to Negros Oriental.

The two also chose not to undergo a preliminary investigation.

Abarca recommended a bail of P12,000 each for Sellon and Cañada's  temporary liberty.

Joavan was earlier arrested by the Talisay City Police in Barangay Bulacao on May 6 by virtue of a bench warrant issued by MTCC Judge Mario Manayon for his failure to attend the hearing of his physical injury case.

He was charged with illegal possession of firearms, violation of the Comelec gun ban and illegal possession of explosives after police recovered  a .9mm pistol with four bullets and a hand grenade from his possession during the May 6 operation.

A bail of P50,000 was recommended for the illegal possession of firearm case and another P60,000 for the gun ban violation but there was no bail recommended for his illegal possession of explosives case.

However, on May 8, Joavan escaped while under the custody of the Talisay City

Police.  Since then, he was declared Cebu's public enemy number one by the police.

At 10:20 a.m. yesterday, Joavan and his companions were escorted by the Moalboal Police and the Special Weapon and Tactics (SWAT) personnel when they were brought to the Palace of Justice.

From the Prosecutor's Office, they were brought to the RTC in Barilli for the filing of the cases.

Acting chief of Moalboal Police PInsp Henry Orbiso told The Freeman that Joavan was temporarily detained in their stockade.

PRO 7's Regional Deputy Director for Administration Chief Supt. Samuel Yordan, said the court will determine where to detain Joavan.

But if the police will have their way, they want him jailed at the CPDRC.

"Paramount consideration is the safety and security of the suspect and we want to make sure that he cannot escape again. So, he'll be placed in a proper place, iyong hindi niya playground, iyong lugar na wala siyang advantage," said Yordan.

Cebu Provincial Police Office Director Patrocinio Comendador likewise wanted the younger Fernandez jailed in CPDRC, instead of Talisay City Jail where "he has developed connections."

"We will recommend (to court) his admission at the CPDRC. Maglisod na siya og puga diha," Comendador said.

Comendador has also ordered the relief of PO3 Leandro Azarcon, the jailer who let Joavan get out of his detention cell that resulted in his escape in the evening of May 8.

Azarcon's superior, Talisay City Police Station Chief Elmer Lim also recommended the filing of both administrative and criminal charges against Azarcon after it was found that there was lapse on his part.

The Provincial Investigation and Detective Management Branch (PIDMB) also recommended the filing of administrative charges against Azarcon after they found probable cause that the police officer was remiss in his duty as jailer.

The PIDMB will forward the recommendation to the Police Regional Office (PRO)-7 to determine his administrative liability.

Azarcon allowed Joavan to go out of his jail to give him a chance to hug his children who visited him that night.

But Joavan hurriedly escaped while Azarcon was answering a call from Talisay City Mayor Socrates Fernandez on his cellular phone.

PIDMB did not give credit to Azarcon's explanation that what he did was for humanitarian reason.

Joavan was presented to the media yesterday but he did not answer questions from the media.

However, he revealed that he has not spoken to his father since his arrest.

Yordan acknowledged the help of the informant who called Moalboal Police about Joavan's presence.

"We acknowledge the assistance of the community for the arrest of Joavan. Hindi sana mahuhuli si Joavan kung wala ang tulong ng komunidad," Yordan said.

Meanwhile, Monsignor Esteban Binghay, the Episcopal Vicar of the Archdiocese of Cebu, said that Joavan is now safe as he is already in the custody of the police.

Binghay hopes Joavan will change to give peace to his father and the people of Talisay.  — Mylen P. Manto, Ria Mae Y. Booc,  Marigold P. Lebumfacil, Niña G Sumacot/MBG