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TALISAY CITY, Philippines – The Talisay City prosecutor said Tuesday weak evidence in the murder case against Joavan Fernandez, adopted son of Mayor Socrates Fernandez, was the reason the charges were thrown out.
Talisay City prosecutor Marshall Rubia said he did not oppose the application for a demurrer of evidence filed by the defense because the prosecution’s only evidence was the affidavit filed by the Talisay City police, which was then led by Inspector Jason Mangaron.
“We didn’t comment because that was our only evidence,” said Rubia.
Judge Estela Alma Singco of Regional Trial Court Branch 12 acquitted on Tuesday Fernandez in the murder of driver Panfilo Barinque on August 29, 2006.
In granting the demurrer of evidence, the court gave weight to the defense contention that the testimonies of the policemen were hearsay because they were not at the crime scene when the shooting happened.
Rubia said that while he was disappointed with the decision, it was an expected loss.
He said their lone witness, Timoteo Aleo, retracted his statement that pointed to Joavan as the one who shot them.
Aleo, Barinque’s conductor, was also wounded when Joavan, accompanied by two other companions, allegedly fired at them.
Aleo and Barinque were sitting in a kiosk in Barangay (village) Cansojong, Talisay City when three unidentified men on a vehicle passed by and open fire.
Although wounded, Aleo managed to escape. He later told the police that the gunman was Joavan.
He, however, recanted his statement, claiming that he was in a state of shock when he accused Joavan of shooting them.
Barinque’s wife Alma later filed her own affidavit of desistance, saying that she was no longer interested in the case because their only witness had retracted.
Thelma Chiong of the Crusade Against Violence (CAV), agreed with Rubia that Joavan's acquittal was expected following the withdrawal of the complainant from the case.
Joavan is detained at the Talisay City Jail to face two other cases — serious illegal detention and physical injuries for picking up and mauling two vulcanizing shop workers on August 11. /Correspondent Justin Anjuli K. Vestil
