JOAVAN Fernandez asked the Court of Appeals (CA) Cebu Station to review the recent decision of the Regional Trial Court (RTC) to convict him of two cases of slight illegal detention.
The notice of appeal was received by Judge Ester Veloso of RTC Branch 6 in Cebu City, a week after she sentenced Fernandez and five co-accused at most 36 years imprisonment.
The notice was a form of communication from the upper court to inform Veloso that her decision had been appealed to the CA.
But Veloso said the appeal was just a regular procedure in cases of conviction.
Councilor Socrates Fernandez, the convict’s adoptive father, earlier told Cebu Daily News that while they respected the court’s decision, they planned to elevate it to the CA as “part of the parameters of democracy.”
The councilor also asked the public not to judge his son because his incarceration may have already made him a better person.
Fernandez has been detained for more than two years at the Cebu Provincial Detention and Rehabilitation Center since 2012 for illegal possession of explosive, a non-bailable offense.
But he might stay longer at the provincial jail pending resolution of his appeal at the CA.
If the CA affirmed his conviction, he would be sent to the Leyte Regional Prison in Abuyog town, Leyte.
Fernandez and his five friends were found guilty of mauling vulcanizing shop workers Winston Abellana, and his cousin Osbert Abellana on August 11, 2008.
Of the five, only Teodoro Ligaray appeared during the promulgation on Feb. 23.
The four others – Benedeck Gabasa, Mark Perez, Leoniver Singson, and Roland Perez— did not show up, losing the right to appeal the verdict.
Singson and Perez, however, don’t have to serve the jail term since they were below 18 when they committed the crime.
The court earlier allowed the four to post bail since the evidence against them were weak.
Court records showed Winston, 18, and Osbert, 21, were allegedly forced into a vehicle and were brought to Fernandez’ house in Plainville Subdivision in barangay Bulacao, Talisay where they were mauled.
Fernandez accused them of stealing the spare tire of his father, who was then mayor of Talisay.
They were later rescued by the police who were guided by Osbert’s father, Oscar.
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