Robbery case vs Joavan to proceed sans complainant

CEBU, Philippines -  Despite the affidavit of desistance executed by the complainant in the robbery case against Joavan Fernandez, the Regional Trial Court has ruled to continue with the trial of the case.

RTC Branch 18 Judge Gilbert Moises dismissed Fernandez’s urgent motion to dismiss the robbery case for lack of sufficient ground.

Fernandez, adopted son of Talisay City Mayor Socrates Fernandez, filed an urgent motion seeking to dismiss the case filed by Raymund Paran after the latter executed an affidavit of desistance saying he is no longer interested to pursue the case.

But Moises, in a two-page order dated April 7, said that although Paran has amicably settled his differences with the accused, the same is not a ground to dismiss the case.

Moises gave weight to the arguments of the prosecution opposing the motion to dismiss. According to the prosecution, affidavit of desistance is not among the grounds provided for in the Rules of Criminal Procedure to dismiss a criminal case.

“As correctly pointed out by the prosecution, the true complainant is the public at large and the alleged settlement of differences could only refer to the civil aspect. In view thereof, the motion to dismiss is denied,” Moises said in his order.

The court has set the pre-trial conference of the case on May 4, 2011.

Paran, clubhouse attendant of Vista Grande, earlier withdrew his complaint against Fernandez claiming that he has lost interest in pursuing the case.

Paran claimed he executed his affidavit on his own volition without any consideration neither was he threatened nor coerced by the accused.

Fernandez was charged with robbery after he allegedly pointed and fired a gun at Paran before stealing two liters of Coca-Cola amounting to P76.00. (FREEMAN)