Friday the 13th proved to be unlucky for Joavan Fernandez.
A Talisay City judge yesterday found him guilty of reckless imprudence resulting in damage to properties. The charge stemmed from an incident five years ago wherein Fernandez was accused of ramming a green Pajero into a police mobile car at the intersection of R. Rabaya Street and the South Coastal Road in barangay San Roque, Talisay.
Joavan, adopted son of then Talisay City Councilor Socrates Fernandez, was ordered to pay P13,700 to the Talisay City government which owns the police car.
Joavan remains in prison without bail for an ongoing case of illegal possession of explosives.
It was Joavan’s second conviction under Judge Mario Manayon of the Municipal Trial Court in Cities Branch 1 in Talisay City.
Last year, Joavan was found guilty of light threats.
In yesterday’s promulgation, Joavan was assisted by his lawyer George Bragat.
In his decision, Judge Manayon downgraded the charges against Joavan from the original case of malicious mischief filed by the police to reckless imprudence resulting to damage to properties.
“In order to successfully establish malicious mischief, it is incumbent upon the prosecution to present proof that the accused was impelled by hate, revenge, or other evil motive when he intentionally bumped his vehicle… The prosecution failed to discharge its burden,” the judge said.
However, Manayon said there is sufficient evidence to prove that Joavan bumped the police car with the vehicle he drove.
In his counter-affidavit, Joavan claimed that it was the police car that bumped his Pajero. But when he testified in court, Joavan categorically admitted that it was he who hit the patrol car, saying the vehicle’s brake did not function due to the slickness of the road.
“Clearly, the reason stated by the accused as the cause of his bumping the patrol car… is attributable to his own negligence,” Manayon said.
“Accused must have taken into consideration the slippery condition of the road when he maneuvered his vehicle and the fact that effectiveness of the brakes would be hampered by such road condition,” the judge added.
At around 6:42 p.m. last Oct 31, 2010, Joavan rammed his green Pajero into a police car at the intersection of R. Rabaya Street and the South Coastal Road in barangay San Roque, Talisay City.
After he hit the police car, Joavan fled on board his vehicle.
The police later recovered the green Pajero Joavan drove at the residence of the accused in Mansueto Subdivision in barangay Bulacao, Talisay City.
According to the police, the vehicle was sporting a front plate with the word “Mayor.” The father of the accused, who was then the mayor of Talisay City, surrendered the key of the Pajero to the police.
Joavan is facing a string of charges in different courts due to his run-ins with the law.