CEBU, Philippines - Joavan Fernandez pleaded not guilty during his arraignment on the three cases yesterday before Judge Soliver Peras of Regional Trial Court Branch 10.
Wearing his Cebu Provincial Detention and Rehabilitation Center (CPDRC) orange uniform, Joavan stood before Peras assisted by lawyers Gina Claros Sumbing and Jiecel Tiu.
Mayor Socrates Fernandez, who was present during yesterday’s proceedings, refused to give any statement.
In an interview, Sumbing said they assisted Joavan for arraignment purposes only due to the absence of lawyer George Bragat who was unavailable for the day.
Earlier, the Talisay City Prosecutor’s Office indicted Joavan before the court for illegal possession of firearms, illegal possession of explosives, and violation of the Commission on Elections (Comelec) gun ban.
City Prosecutor Marshal Rubia found probable cause to elevate the cases to the court after Joavan chose not to file a counter-affidavit.
He recommended P50,000 bail for illegal possession of firearm; P60,000 for violation of the Comelec gun ban and no bail for illegal possession of explosives.
Peras on May 24, 2013 reset the arraignment of Joavan due to the unavailability of his counsel Paulino Labrado. However, yesterday, Joavan told the court that it was Bragat who will represent him in court.
He said he personally talked with Bragat and the latter will represent him during trial and not Labrado.
Joavan was arrested by the elements of Talisay City Police last May 6 by virtue of a bench warrant issued by Judge Mario Manayon of the Municipal Trial Court in Cities (MTCC).
Manayon ordered the arrest of Joavan after the latter failed to attend his hearing for slight physical injury. Joavan was arrested at the vicinity of his father’s residence at Southgates Subdivision in Barangay Bulacao.
During the arrest, the police were able to recover a 9mm pistol with four live ammunitions and a hand grenade.
However, days after Joavan’s arrest, he was able to escape using a government vehicle. With that, he was branded by the authorities as Cebu’s public enemy number one.
Joavan’s arrest
Last May 20, Joavan was arrested by the Moalboal police after he was spotted in the area. During the arrest, the police was able to recover a colt .45 caliber pistol.
The Moalboal police filed criminal cases for illegal possession of firearms and Comelec gun ban against Joavan before RTC Barili.
The RTC in Barili issued an order for Joavan’s commitment in CPDRC.
The preliminary conference is set on June 11, 2013 and the pre-trial of the case is set on June 18, 2013, all at 2:00 p.m. — (FREEMAN)