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CEBU CITY, Philippines - He's back in jail.
Joavan Fernandez, adopted son of Talisay City Mayor Socrates Fernandez, was returned Tuesday to the Talisay city jail with a banig mat in hand following his arrest on new charges for the August 11 mauling of two shop workers.
He will remain behind bars until the court case is over.
Joavan was escorted to the jail by two agents of the National Bureau of Investigation (NBI) past noon on Tuesday.
He was accompanied by his father, Mayor Fernandez, and lawyer George Bragat.
This was Joavan's second detention in Talisay. In 2006, he spent jail time for a murder charge in connection with the death of a jeepney driver in Barangay (village) Cansojong. Joavan was released in March 2007 after posting bail. The criminal case is still pending.
This time, Joavan would share Cottage A with about 50 other inmates, said Superintendent Johnson Calub, Talisay jail warden.
“He will be treated like any other prisoner. We can't compromise our job by treating him as a VIP,” he said.
If 26-year-old Joavan breaks a rule, he will be punished, said the warden. That may include removing his visitation rights.
Joavan was arrested by NBI agents past 11:30 p.m. on Monday at a massage service center in Talisay. He did not resist arrest.
NBI agents said they found in Joavan's pockets two bullets of a .45 caliber pistol, a rosary and drug paraphernalia - a tooter, tin foil, lighter and an empty plastic sachet. These last items are being tested for traces of shabu.
In the Pajero owned by Joavan, agents found a .45 pistol magazine with eight bullets and an empty Ingram magazine. The NBI was checking with police records if Fernandez was licensed to carry a firearm.
The young man faces charges of physical injuries and serious illegal detention, which prosecutors said was non-bailable.
The arrest warrant was issued by Judge Manuel Patalinghug of the Regional Trial Court Branch 22. An hour after receiving a copy at 5 p.m., the NBI went looking for Joavan to serve the warrant.
NBI lawyer Renan Oliva, who led the two teams with Special Investigator Arnel Pura, could not locate Joavan in his home in barangay Bulacao in Talisay. Later, the teams spotted a Mitsubishi Pajero with no plate number in barangay Tabunok. They later confirmed that it belonged to Joavan.
Medardo de Lemos, NBI director for Central Visayas, said the decision on whether or not to file additional charges against Joavan would depend on the results of the laboratory tests.
Mayor Fernandez said the agents were just doing their job and that he was happy with the way the arrest was conducted: “It was politely done.”
He also assured the mauling victims, cousins Winston and Osbert Abellana, that they would not be harassed.
“They are my relatives. As relatives, ang mayor dili makapa-hiubos nila. Wala harrasment mahitabo og wa la silay angay kabalak-an,” he said.
He repeated that he did not pay off or offer a job to Winston in exchange for the withdrawal of the charges against his son.
The mayor said he hasn't scolded anyone from the media for criticizing him and his son.
“It is the media's job as long as the law is not violated,” he said.
The mayor promised Talisay residents that he would continue doing his job.
Fernandez, a Catholic evangelist, said he was sad about the way his son has lived his life and that he has entrusted everything to God.
Osbert and Winston accused the mayor's son of mauling them in an angry outburst after he accused the vulcanizing shop workers of stealing the spare tire of his father's service vehicle.
Joavan, along with five other companions, allegedly took the cousins to his home in Bulacao, Talisay City and mauled them.
Winston later executed an affidavit of desistance but Talisay City Prosecutor Marshall Rubia went ahead and filed criminal charges against Joavan, leaving it to the court to weigh the evidence.
The five suspected cohorts were arrested earlier by police. Joavan, who eluded arrest, was charged after a preliminary investigation.
On Monday, the prosecutor's office included Joavan in the original complaint.
Joavan's lawyer, George Bragat said they would file a petition to post bail.
“I will secure first the pertinent papers on the information of the case from the court but it is expected that we will be filing a petition for bail,” he said.
Joavan was presented to Judge Patalinghug before he was committed to the Talisay City Jail in barangay Maghaway.
The judge said he would wait for the defense to file a petition for bail.
Now that Joavan is behind bars, Talisay residents could now heave a sigh of relief, said Talisay Vice Mayor Lani Abarquez.
She said she hoped the mayor's son would be rehabilitated in jail.
Abarquez said the mayor's frequent moves to intercede for his son have placed the lives of the Talisaynons at risk and may have encouraged Joavan to continue his misconduct.
“Partly, I can say that the mayor added to the fear felt by the people of Talisay by protecting Joavan. He forgot his higher authority as mayor,” she said.
However, Mayor Fernandez believes otherwise.
“I think that is an unwarranted statement because I have not offended the people of Talisay. I have served them with so many projects for the poorest of the poor. The case of Joavan is personal and that is for the court (to decide). My services were not somewhat reduced or deficient, so therefore Talisaynons would be grateful,”he said.
The mayor said he did not have to defend his son.
“His lawyer and the truth could defend him. I'm only acting as a father,” he added. /with reports from Correspondent Jhunnex Napallacan
