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JOAVAN Fernandez, the adopted son of Talisay City Mayor Socrates Fernandez, pleaded not guilty to serious illegal detention and physical injuries charges.
His co-accused- Benedeck Gabasa, Teodoro Ligaray, Mark Perez, and two other minors - also entered the same plea of not guilty during their arraignment yesterday at the Regional Trial Court (RTC) branch 22 of Judge Manuel Patalinghug.
Fernandez and his companions are charged with two counts of serious illegal detention and physical injuries for allegedly abducting and mauling Winston Abellana and his cousin Osbert Abellana in Fernandez's house in Bulacao, Talisay City on Aug. 11, 2008.
Complainant Osbert Abellana, however, did not attend the proceedings.
Prosecution lawyer William Canta asked the court that a subpoena be issued to demand Osbert's presence during the pre-trial conference on Nov. 27.
Winston Abellana together with his aunt Merciditha, withdrew their case against Fernandez but the court continued to hear the case they had filed against Fernandez.
George Bragat, legal counsel of Joavan, asked the court that he be formally informed of their hearing dates.
“May I be furnished with copies of the notices because it was only from the newspaper that I read that there is an arraignment today,” he told Judge Patalinghug.
Judge Patalinghug also said that the motion filed by Bragat to find probable cause in the case of Fernandez will be submitted for resolution.
Patalinghug scheduled the preliminary conference on Nov. 27 where the prosecution and defense would submit their pieces of evidence in court.
Fernandez, and his co-accused are now detained at the Talisay City Jail in barangay Magahaway.
According to Osbert's affidavit, that Joavan arrived at their vulcanizing shop and confronted them about the lost tire that was left in their shop.
Joavan threatened to kill them with a gun if they would not accompany him at his house in Bulacao.
Osbert's cousin, Winston, went with Joavan. When they left, Osbert and his father Oscar closed the shop.
But in less than an hour, Joavan came back accompanied by five men. He called them asking them to come out the vulcanizing shop.
When they did not come out, Joavan destroyed the door and entered the house. Oscar pleaded with Joavan not to bring them to his house. Oscar managed to escape but Osbert was caught.
Osbert was brought to Joavan's house where he said he saw Winston with bruises on his body.
Joavan and his companions then tied his hands, slapped and punched him. Joavan threatened that they would be salvaged.
They were only saved when Oscar arrived with policemen at Joavan's house. /Correspondent Ador V. Mayol
