Ombud tags Soc Fernandez for 2010 misuse of gov’t car

Fernandez (File Photo)

Four years ago, Cebu city policemen chased a white SUV in order to corner Joavan Fernandez, Talisay City’s “bad boy”, in his latest gun-toting escapade.

The vehicle was stopped at a road block in Pardo.

The son of the former Talisay mayor wasn’t there, but the driver, a job order worker of Talisay City Hall, was arrested and found to have no driver’s license.

Ombudsman Conchita Carpio Morales last month approved an order finding Joavan’s father, Socrates Fernandez, guilty of simple neglect for allowing the worker to drive the Toyoto Revo without a driver’s license or trip ticket on Sept. 13, 2010.

Fernandez was penalized with three months suspension without pay.

He won’t have to step down, however. Since he was elected Talisay councilor in the 2013 election, the suspension won’t take effect. His administrative liability for the case was wiped out under the Aguinaldo Doctrine by virtue of his reelection.

The decision of the Office of the Ombudsman-Visayas carried Ombudsman Morales’ signature of approval dated Jun 17, 2014.

It warned Fernandez that that “a similar infraction in the future shall be punished with a more severe penalty.” The Department of Interior and Local Government (DILG) was directed to implement the ruling.

“He (Fernandez) can file a motion for reconsideration,” said Deputy Ombudsman for the Visayaa Pelagio Apostol in a phone interview.

Apostol confirmed that reelection of public officials renders an administrative case “moot and academic”.

CDN also learned that Ombudsman Morales as a policy, ordered anti-graft investigators to resolve administrative cases even if the respondents get reelected.

“In case, the respondent will be found guilty, the penalties should only be put in the records of the Ombudsman. They should not be implemented,” said retired assistant Ombudsman Virginia Palanca-Santiago in a separate interview.

The Ombudsman held Fernandez liable for misuse of a government vehicle.

“He placed the government motor vehicle in the hands of a person unauthorized to drive thereby jeopardizing public safety,” said the decision.

Fernandez did not file any counter-affidavit to refute the allegations.

Yesterday, Fernandez told CDN he’s willing to serve the penalty.

“Ako na lang nang serbisyohan dong. Andam nakong dawaton ang silot nga gipahamtang sa Ombudsman batok nako. Unsaon nahitabo naman na. (I’ll just serve the suspension. I’m ready to accept the penalty imposed by the Ombudsman againste. What can I do, the incident already happened),” he said.

(A similar case happened to former Cebu Gov. Gwendolyn Garcia who was found administratively guilty in the Balili land scam by the Ombudsman Visayas last year. But the ruling was set aside by Executive Justice Gabriel Ingles of the Court of Appeals-Cebu station since Garcia was reelected in 2010.)

The Ombudsman acted on a newspaper article about Joavan being chased by police, who stopped a government vehicle driven by Benedict Gabasa, a friend of Joavan.

The Toyota Revo was stopped by Pardo police on Sept. 13, 2010 upon learning that it was used by Joavan, after he figured in an argument with a foreigner at a mall in Cebu City, said the decision.

In CDN’s front page story of the chase, a male resident had complained to police that Joavan came looking for him at his house with a gun then leaving on board the white SUV.

Joavan and his friends were then seen going to Mango Square Mall, where the security guard also alerted policemen.

A road block was put up along the road near the Pardo police station. The SUV was forced to stop. Inside the vehicle, police fround drug paraphernalia and a vial of Nubain.

The vehicle was found to be issued to Mayor Fernandez on June 29, 2004. He said it was used for Talisay’s feeding program which was then headed by Joavan.

Joavan remains detained in the Cebu provincial jail on a non-bailable offense for illegal possession of explosives.

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