Soc to face raps over use of gov’t car

CEBU, Philippines - Talisay City Mayor Socrates Fernandez may be facing criminal and administrative charges for allowing the use of a government vehicle after Deputy Ombudsman for the Visayas Pelagio Apostol said their office found sufficient evidence to upgrade the fact-finding investigation into a formal case.

Based on the document, Fernandez allowed Benedict Gabasa, the friend of his controversial adopted son Joavan, to use the government issued vehicle, a Toyota Revo with license plate numbers SGH-541 on Feb. 6, 2011. Reportedly, Gabasa had no driver’s license or trip ticket.

“In view thereof, it is respectfully recommended that this complaint be upgraded into formal criminal case for violation of Section 3(e) of Republic Act 3019 or anti-graft and corrupt practices act, as amended and an administrative case for misconduct against Mayor Socrates Fernandez,” the final evaluation report read.

A newspaper article was the basis of the Office of the Ombudsman in conducting their fact-finding investigation.

Based on the article, Investigation and Detective Management Branch, Cebu Provincial Police Office personnel led by Chief Insp. George Ylanan were waiting in Sitio Sindulan, Barangay Mabolo, Cebu City, after receiving information that the group of Joavan was on their way to Cebu City from Compostela town.

Joavan, subject for a warrant of arrest for malicious mischief, was spotted in the area on board a silver Honda Civic with license plate numbers YEH-323.

Ylanan said he went down from his vehicle and introduced himself to Joavan, however, the latter revved his car.

Sensing danger, Ylanan ran towards the pick-up of IDMB, which they used to block the road, and just as he managed to get inside the vehicle, Joavan allegedly accelerated and hit the police vehicle.

Ylanan said he fired five shots at the Honda Civic and hitting the right rear tire but Joavan continued to drive towards Juan Luna Avenue then turned right to the North Reclamation Area. He added they later found the vehicle abandoned in Sitio Bagong Buhay, Barangay Carreta.

Ylanan said that they were able to arrest Gabasa and Terence Bayani, companions of Joavan on board Toyota Revo that followed Joavan’s car. Upon apprehension, the police said Gabasa failed to produce a driver’s license and trip ticket.

The police also seized a medium pack of shabu and drug paraphernalia inside the government vehicle driven by Gabasa.

Based on the report of the Department of Interior and Local Government, Fernandez admitted the “dispatch” of the government vehicle. He said he directed Gabasa to use it to look for Joavan after the latter was not yet home on the night of Feb. 11, 2011.

Graft prevention and control officer III Roderick Blazo said although there were discrepancies on the dates, Fernandez “still admitted the use of the government vehicle” which was used for non-official purposes.

“Fernandez being the property custodian of government issued vehicle, Toyota Revo with plate No. SGH-541, as evidenced by the acknowledgement receipt for equipment is directly accountable of the same. While it is true that Gabasa is the driver of the vehicle, under the principle command responsibility, Fernandez is directly responsible for the safekeeping of the vehicle,” the final evaluation report reads.

Aguinaldo Doctrine

Apostol said the Aguinaldo Doctrine won’t apply to Fernandez in this administrative case.

He said under the new policy of the Ombudsman the Aguinaldo Doctrine only applies to officials re-elected to the same position. Fernandez was elected as city councilor of Talisay City during the May 13 election.

Meanwhile, the presentation of the third defense witness for the serious illegal detention case filed against Joavan and five others was reset.

Judge Ester Veloso of Regional Trial Court Branch 6 reset the proceedings to Sept. 2, 2013 due to the manifestations lawyer George Bragat.

Bragat moved for the resetting due to personal ground. He said he was “disturbed” by the reports that he was relieved as counsel of Joavan. - /BRP (FREEMAN)