The Talisay police have filed three charges against Joavan Fernandez , the adopted son of Talisay Mayor Socrates Fernandez, before the City Prosecutors' Office after he was accused by a couple of poking a gun at them following a vehicular accident.
Supt. Henry Biñas, chief of the Talisay City Police Office, said they filed on Friday charges of attempted homicide, reckless imprudence resulting in damage to property, and reckless imprudence resulting in physical injuries against Joavan.
The charges against Jovan stemmed from the complaints of Jonathan and Irene Ignacio who accused Joavan of brandishing a gun at them after his vehicle sideswiped their motorcycle in Talisay City before dawn on Friday.
A preliminary investigation will be conducted by the Talisay City Prosecutors' Office. If there is probable cause to indict Joavan, the complaints will be elevated to the Regional Trial Court.
Instead of grave threat, Biñas said he decided to file attempted homicide because there was somewhat an intention to kill when Joavan poked his gun at Jonathan.
Jonathan, 24, was driving a motorcycle with his wife Irene, 26, along barangay Lawaan I, Talisay and were on their way to Lapu-Lapu City at about 3:45 a. m. on Friday when Joavan?s red Isuzu Bighorn suddenly turned left at an intersection without making a signal and hit their motorcycle.
Joavan disembarked and pointed a gun at Jonathan and even boasted that he is the owner of Talisay City.
Supt. Henry Binas, chief of Talisay City police station admitted that Joavan is really a ?headache? of the city.
?Tinud-anay lang, problem namo siya?, Binas told Cebu Daily News while shook his head while answering.
According to Cebu Archbishop Ricardo Cardinal Vidal, Mayor Fernandez must find ways to address the problems pertaining to his adopted son.
?I hope and I pray that the mayor will be able to solve (problems involving his adopted son) and that Joavan will be willing to cooperate with his father,? Vidal said.
Three traffic policemen of Talisay City were relieved yesterday because of alleged impropriety and irregularity in handling the case.
Biñas ordered the relief of PO2 Roelito Tano, SPO1 Elmer Saladas and PO1 Manolito Daal pending an investigation.
Saladas was the one who investigated the case while Tano and Daal were the ones who responded to the traffic accident.
Joavan should have been detained since the couple had suffered injuries in the vehicular mishap, said the police chief.
Biñas said the investigation was conducted to ensure the incident would not be repeated by his men and to show that the police was not cowed by anybody, even the son of the mayor.
?Dili tungod kay anak ka og mayor exempted ka na sa balaod, kinahanglan kadtong sad-an dakpon bisan kinsa ka pa?, Biñas said.
SPO4 Henry Obiso, the head of the traffic division of the Talisay City Police, said he would not tolerate any wrongdoing of his men but explained that they could not just search the Joavan's SUV without a warrant. He said it was enough that Joavan was given a TOP for the traffic violation.
He, however, admitted that the vehicular accident was Joavan's fault.
Meanwhile, Cebu Provincial election supervisor Lionel Marco Castillano said violation of the gun ban could only be filed against Joavan if he was arrested and a gun was found in his posesssion.
But unfortunately, he said, there was no arrest made and he could not say if under the circumstances, Joavan should be arrested or not because it was just a traffic accident and it was the call of the police.
Joavan is out on bail for a string of criminal cases including the August 2009 abduction and mauling of two vulcanizing shop workers whom he accused of stealing his father?s spare tire. ./Reporter Ador Vincent Mayol and Correspondents Chito O. Aragon and Jhunnex Napallacan
