Victims, police happy over Joavan’s conviction

THE lives of Oscar Abellana  and his son Osbert changed  after they decided to file charges against Joavan Fernandez.
In 2009, they stayed in a safe house of the Department of Justice (DOJ) for fear that the adopted son of former Talisay City Mayor Socrates Fernandez would go after them.

After testifying in court, they opted to leave the DOJ’s Witness Protection Program in 2010 but did not return to their house in Barangay Tabunok, Talisay City.
Instead, they sold the land where their house and vulcanizing shop used to stand.

“Ilang gibaligya ang yuta unya nibalhin na sila sa Carcar (They sold their land and transferred to Carcar City),” said Thelma Bacalso, who owns a store located across the place where the Abellanas used to live.

One time, Oscar visited and informed Bacalso that he has continued his vulcanizing shop business in Carcar City.

Oscar and Osbert managed a vulcanizing shop when former Mayor Fernandez’s car was taken for tire repair in 2008.

One of the spare tire went missing.

Joavan accused Osbert and his cousin Winston of stealing his father’s spare tire.

From the vulcanizing shop, Osbert and Winston were allegedly brought to Joavan’s house in Barangay Bulacao, Talisay where they were beaten up  on August 11, 2008.

Police later rescued  them aided by Oscar.

Judge Ester Veloso of the Regional Trial Court Branch 6 in Cebu City on Tuesday found Joavan and five of his friends guilty of slight illegal detention.

Joavan, 32, and three other accused — Benedeck Gabasa, Mark Perez, and Teodoro Ligaray — were sentenced to a jail term of nine to 16 years in one case, and an imprisonment for 12 to 20 years in the other case.

Since the two jail terms shall be implemented “one after another,” the four accused shall stay behind bars up to 36 years.

While two others were also guilty, Leoniver Singson and Roland Perez don’t have to serve jail term since they were below 18 years old when the crime happened.

The court has to determine the appropriate “disposition measures” for the two accused as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

The six accused were also ordered to pay P100,000 in moral damages to each of the two victims, and P50,000 in exemplary damages to one of the victims.

The 66-year-old Bacalso said she’s happy that Joavan was convicted by the court.

“Maayo na lang basin makapahuway na ang kagubot (At least, there will be peace in our community),” she said.
Bacalso is hoping Joavan will be reformed inside the jail.

“Hilomon baya to siya (Joavan). Maayo man siya pero duna gyuy higayon nga mogawas na ang iyang kinaiya (Joavan was soft-spoken. He was good to us. But there were really times when he showed us his real character),” she said.

SPO1 Edgar Canson of the Talisay City Police Office welcomed the decision of the court.

When Joavan was free, Canson said they received a number of complaints against the accused.

“Sauna, duna gyuy problema. Dunay magpa-blotter pero daghan nila dili mopadayon sa kaso. (Before, there were really problems. There were people who  complained against Joavan, but they, however, chose not to file charges against him),” said Canson who has been assigned at the Talisay City police for the past 20 years.

“Nalipay mi nga napriso siya. At least, mausab pud siya didto ba. (We’re happy he’s detained. At least, he will be reformed inside the jail),” he told CDN yesterday.