Joavan cleared of drug charges

A Cebu City judge on Monday cleared Joavan Fernandez of drug charges filed against him by the police  in 2011.

But the son of former Talisay  City Mayor Socrates Fernandez will remain in the Cebu provincial jail since he is still facing trial for illegal possession of explosives.

In his decision on the drug case, Judge James Stewart Ramon Himalaloan of the Regional Trial Court Branch 57 found the warrantless search made on Joavan’s vehicle “invalid.”

“It cannot be said that the 20 heated-sealed plastic sachets of shabu are products of a valid search incident to a lawful arrest,” the judge said.

He said there was “no  valid arrest” therefore the  warrantless search that resulted from it is likewise illegal.

The case stemmed from a police operation aimed at serving a warrant of arrest to Fernandez on Feb. 6, 2011.

Chief Insp. George Ylanan, then head of the Investigation and Detection Management Branch (IDMB) of the Cebu City Police Office, was about to arrest  Joavan when Joavan revved up his car and tried to escape.

Ylanan ran to  the police pick-up truck and blocked the road. However Joavan  didn’t stop the car which hit the police vehicle.

Police searched Joavan’s Honda Civic sedan found abandoned in barangay Carreta in Cebu City and  found shabu in a pouch on the passenger seat.

The judge said  the warrantless search by the police was illegal since it was not done in the presence of the accused who already fled when the vehicle was searched.

The shabu was not found  in plain view since it was concealed in a pouch.

“The Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effect against unreasonable searches and seizures,” said the judge.

Evidence obtained illegally cannot be admitted in court. The judge ordered the disposal of the seized shabu in accordance with court rules.