"Sick" Joavan misses arraignment

CEBU, Philippines – The arraignment of the case of Joavan Fernandez, the controversial son of Talisay City Mayor Socrates Fernandez, for illegal possession of firearms and violation of the Commission on Elections gun ban, has been rescheduled yet again.

The arraignment was first set for last July 16, 2010 but it did not push through after the prosecution moved to split the illegal possession of firearms and violation of the Comelec gun ban into two cases.

Joavan also missed yesterday's scheduled arraignment as his lawyer George Bragat told judge Douglas Marigomen that his client could not come to court as he was sick.

The arraignment of the case was reset again to November 26, 2010 due to the issue of preliminary oral argument with regards to the move of the prosecution.

Lawyer Floralil Albert of the prosecution said the court should not resolve "two cases in one act" and that the two cases must be separated.

But Bragat said they will oppose the prosecution's move through a formal pleading.

Albert explained that in the case of Angel Celino Sr. vs. the Court of Appeals, if an unlicensed firearm is used in the commission of any crime, there can be no separate offense of simple illegal possession of firearms. Hence, if the "other crime" is murder or homicide, illegal possession of firearms becomes merely an aggravating circum-stance, not a separate offense. Since direct assault with multiple attempted homicide was committed in this case, appellant can no longer be held liable for illegal possession of firearms.

But, Bragat insisted that it cannot be separated and insisted the case of Joavan possession was an aggravating circumstance.

Fernandez was arrested after nurse Vincent Joe Castrodes, 28, complained that Joavan pointed a gun at him during a heated exchange over traffic in Barangay Bulacao last June 4.

Castrodes was driving his BMW and heading south when a red Isuzu Bighorn was coming out of the gate of Vista Grande Subdivision.

Since the Bighorn suddenly blocked his way, Castrodes, a resident of F. Llamas St., Cebu City, honked his horn, which apparently irked Joavan, who was the driver of the Bighorn.

Castrodes said Joavan, got out of the vehicle then pointed a gun at him before returning to his vehicle and speeding off. The victim said that he rushed to the Talisay City Police Station in Barangay Poblacion after the incident to report the matter. (FREEMAN)