Joavan Fernandez (CDN FILE PHOTO)
Another case against Joavan Fernandez, the adopted son of former Talisay City mayor Socrates Fernandez, was dismissed after his shooting victim executed an affidavit of desistance.
Without the testimony and cooperation of the victim, the public prosecutor told the court that it would be difficult to prove the guilt of Joavan.
Despite the ruling, Joavan shall remain in detention at the Cebu Provincial Rehabilitation and Detention Center (CPDRC) since he is still facing trial for illegal possession of explosives, a non-bailable offense.
Judge Estela Alma Singco of the Regional Trial Court Branch 12 in Cebu City dismissed the charges of frustrated murder filed by car shop watchman Eduardo Largo Jr. in 2013 against Joavan.
BOTHERED
Largo submitted to the court an affidavit of desistance, saying he was bothered by his conscience after fabricating stories against Joavan.
Joavan was earlier charged in court after Largo identified him as the man who shot him at dawn on April 12, 2013.
In his original affidavit, Largo said Joavan asked him for the telephone number of the owner of a private firm in Talisay City.
Largo said he failed to give Joavan the contact number, prompting the latter to shoot him. Largo was hit in his right arm.
After a year and five months, Largo recanted his statements and told the court that it was not Joavan who tried to kill him.
“For a number of days, weeks, and months, I have been bothered by my conscience. I became restless because I am fully convinced that Joavan Fernandez was not the person who shot me,” said Largo in his affidavit of desistance.
NO BRIBE
He further testified to the court that he was not forced nor bribed to withdraw the charges against the accused.
At least four cases filed against Joavan ended in acquittal or dismissal.
In 2008, the court acquitted Joavan of a murder charge for the death of a jeepney driver in Talisay in 2006.
Last year, he was also cleared of a drug case filed by the National Bureau of Investigation (NBI). Last month, he was acquitted of another drug case filed by police.
His only conviction was the case of reckless imprudence resulting in damage to properties for ramming his green Pajero into a police mobile car at the intersection of R. Rabaya Street and the South Coastal Road in barangay San Roque, Talisay City.
He was ordered to pay P13,700 to the Talisay City government which owns the police car.