CEBU, Philippines - The controversial adopted son of Talisay City Mayor Socrates Fernandez yesterday pleaded not guilty to the crime of illegal possession of drug paraphernalia.
Joavan Fernandez entered a “not guilty” plea when the information of the case for violation of Section 12 of the Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act, was read to him during the arraignment.
Joavan, who is facing a string of criminal charges before the Regional Trial Court, was assisted by his lawyer, George Bragat.
The case stemmed from the alleged seizure of several drug paraphernalia from Joavan’s pocket during his arrest by the National Bureau of Investigation inside a massage parlor in barangay Tabunok in October last year.
The NBI operatives then served two warrants of arrest for serious illegal detention and physical injuries against Joavan.
After the arraignment, a pre-trial conference immediately ensued in which the prosecution only proposed one point of stipulation, which the defense admitted that Joavan was inside Nua Thai Massage Parlor in Tabunok during his arrest.
The defense, on the other hand, made several proposals of stipulation in which most them were denied by the prosecution.
Among the proposed stipulations made by Bragat is that the joint affidavit of arrest by the NBI did not specify which part of the massage parlor Joavan was arrested.
Bragat also tried to stipulate with the prosecution that the accused was not assisted by his lawyer when he was subjected to a urine test by the NBI after the arrest, and that the taking of pictures of the items allegedly seized from Joavan was made only at the NBI office.
Bragat also pointed out that there was no inventory of items seized from Joavan during the arrest. The court has scheduled the trial to start on August 14 with the prosecution’s first witness.
The prosecution is expected to present four witnesses with Special Investigator Arnel Pura of the NBI as its first witness. The defense, on the other hand, said it will present at least three witnesses. – Fred P. Languido/LPM (THE FREEMAN)