Sandiganbayan bars Soc Fernandez from holding public office; finds him guilty for obstruction of justice
Talisay City Councilor Socrates “Soc” Fernandez (File Photo)
CEBU CITY, Philippines — The anti-graft court has perpetually disqualified former Talisay City mayor and now first Councilor Socrates Fernandez from holding public office.
In a 19-page decision penned by Associate Justice Mary Ann Corpus-Mañalac, the Sandiganbayan Fifth Division found Fernandez guilty of obstruction of justice, a criminal offense, in relation to a case of his son, Joavan Fernandez.
The decision was promulgated on October 25, 2o19 and posted on the website of the Sandiganbayan.
The case was filed against him by the Cebu Police Provincial Office (CPPO) after Fernandez allegedly used his authority as then mayor of Talisay City when he retrieved a bag from his vehicle, which was under police custody.
Fernandez’ red Isuzu Trooper was under police custody inside an auto repair shop in Barangay Lawaan II, Talisay City on June 4, 2010 after Joavan, who was then using the vehicle, was arrested for allegedly poking a gun at another customer of the shop.
Joavan, now 34, is currently serving a 40-year jail term for multiple criminal offenses.
The police said Fernandez refused to hand in the bag from the vehicle when the attending police officers asked him for it. Instead, the police claimed that Fernandez said, ‘Unsay problema do?Ako ning sakyanan. Way makapugong nako. Mayor ko sa Talisay.'”
(What’s the problem? This is my car. No one can stop me. I am the mayor of Talisay City.)
When the police obtained a search warrant for the vehicle the following day, they recovered one .45 caliber pistol with two magazines containing 13 live ammunitions.
In his counter-affidavit dated October 18, 2010, Fernandez admitted to having obtained the bag from the Isuzu Trooper. However, he denied that any of the police officers present had stopped him.
But in his later pronouncements, Fernandez denied that the incident took place and banked this statement on the absence of a blotter report regarding the incident.
“In any event, as discussed above, the evidence adduced by the prosecution has established the fact that the incident had indeed occurred,” the decision reads.
“At the time the accused had committed the acts, the crime of obstruction of justice was already committed and consummated, which obstructed or impeded or had the tendency to obstruct or impede the investigation and prosecution of Joavan,” it added.
The court has meted Fernandez a fine of P6,000 and perpetual disqualification from holding public office.
CDN Digital tried to reach Fernandez but he has not responded to messages requesting for an interview as of this posting.
Talisay City Vice Mayor Alan Bucao, when reached for comment on Saturday, November 2, said his office has yet to receive a copy of the order.
Bucao is the presiding officer of the city council and his absence, Fernandez takes over as pro tempore presiding officer since the latter is the number one councilor of Talisay City./elb
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