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CEBU CITY, Philippines - Cebu Archbishop Ricardo Cardinal Vidal has urged Talisay City Mayor Socrates “Soc” Fernandez to discipline his adopted son who has been implicated in several skirmishes with the law in the past weeks.
“If he is a very understanding father, he should remedy the situation by trying to discipline his son for the sake of the community,” Vidal told reporters on Sunday.
The prelate gave this advice to Fernandez amid mounting pressures from various sectors for the mayor to stop interfering with the cases involving his 26-year-old son Joavan, which could also land the mayor in trouble, for allegedly using his influence and position to clear his son of liabilities.
Fernandez is a known Catholic Faith Defender and preacher who, riding on his popularity, entered the political arena and won electoral races in Talisay City, first as a vice mayor and now as mayor.
Joavan is out on bail for murder charges and is also facing complaints of illegal detention and physical injuries.
Before these cases could even be resolved, Joavan was again accused on Friday of assaulting a friend in an alleged jealous fit involving the mayor's son girlfriend.
“As a mayor, he (Fernandez) is bound to protect the community. If his son is doing these things as publicized in the media, he should do something about it,” Vidal said.
On reports that the alleged victims of Joavan were given work and money to retract their complaint against the mayor's son, Vidal said, “They should give something to those who have suffered. My advice is as father of the city, he should see to it that the peace in the community is kept.”
The prelate also advised the mayor to “go to the root of the problem” as to why his son has been involved in many alleged abuses.
“(The mayor) can do many things. I hope and pray they can find the means to discipline him (Joavan),” he added.
Fernandez, when reached for comment yesterday, only countered by quoting a verse from the Bible that said that the conversion of a heart is up to the person and to God.
“St. Paul said, 'I did plant the tree and pour it with water but it is up to God to let it grow',” Fernandez said in a phone interview on Sunday.
According to the mayor, he had done what a father could do in guiding a son. Joavan's actions, granting that they were true, were “of his own accountability,” he said.
“It is up to him (Joavan) and to the grace of God,” the mayor said.
But the mayor could face legal troubles of his own as he could be sued with obstruction of justice for allegedly offering city hall employment to the complainants in exchange of not filing a case against his son, a former provincial prosecutor said.
The mayor could also be sued for grave abuse of authority for allegedly using his power and position to protect his son, lawyer Oliveros Kintanar said.
He said the mayor could face charges at the Office of the Ombudsman if the allegations against him were true.
“That is not the right way to justice. (Fernandez) might be trying to defeat the purpose of the punitive function of law,” Kintanar said in a phone interview.
Ombudsman Visayas assistant director Virginia Santiago could not, however, say if she would start a formal probe against Fernandez, but she said she would look into the matter on Monday.
She said she would go over all the newspaper clippings involving reports that the complainants in Joavan's mauling case signed affidavits of desistance reportedly after they met with and were promised jobs by the mayor.
Santiago added there were other documents the anti-graft office would want to study first but she said this could not be disclosed yet in order not to preempt the investigation.
Santiago said the investigation as to why Merceditha Abellana and her nephew Winston retracted their complaint of serious illegal detention and robbery charges against Joavan would be looked into by the anti-graft office on Monday.
But Fernandez maintained that the conflict between his family and the Abellanas was simply amicably settled because they were relatives.
“Human right na na sa tao kung gusto siya mo withdraw sa kaso (It is the person's human right if he wants to withdraw a complaint),” Fernandez said in a phone interview Sunday.
But Kintanar said the affidavit of desistance would not weaken the prosecution's evidence if someone would testify against the validity of the retraction made by the Abellanas.
Talisay City Councilor Allan Bucao, meanwhile, revealed that he planned to discuss on Monday with the city council the appropriate actions that should be taken on the issue against Joavan and the mayor.
Considering the recent issue that Joavan started a fight with a former city employee, Kashmir dela Cuesta, last Friday, Bucao said Sunday it was time for the mayor to “contemplate” what to do with his son.
Sending Joavan away from Talisay could be one, he said.
Bucao said the mayor could face administrative charges if it could be proven that he offered jobs or housing units to complainants in exchange of not pursuing a case against his son.
Talisay Vice Mayor Lani Abarquez, for her part, said she would support the filing a complaint against the mayor if the allegations were true.
Cebu first district Representative Eduardo Gullas, the former mayor of Talisay and a political mentor of Fernandez, declined to comment on the issue, saying he had already advised the mayor to let the authorities handle the cases against Joavan and to let the law takes its own course.
Gullas said the last time he addressed his concern to the city councilors and the mayor was during the city's Alay Lakad activity on September 28, when he discussed the need for the Talisay city government to restore its good reputation.
“Public officials are like smoke, just passing (through). So one should do his best during his term,” Gullas said.
