Judge dismisses rob case vs. Joavan

CEBU, Philippines - Joavan Fernadez’s burden has been reduced.

This was after his robbery case was dismissed by Judge Gilbert Moises of Regional Trial Court (RTC) Branch 18.

 Joavan is the controversial son of Talisay City Mayor Socrates Fernandez who is facing several cases in court.

 Moises, in his order, dismissed the robbery case because of the failure of the prosecution’s witnesses to appear during the court’s trial set on July 20, 2011.

 Public prosecutor William Canta called Felix Pardillo and Darwin Homicillo in open court. The two were supposed to testify against Joavan but no one responded.

 Canta explained to the court that he tried to locate his witnesses but they could not be found despite his efforts.

 The counsel of Joavan, lawyer George Bragat, then moved for the dismissal of the case.

 “I moved for the dismissal of the case invoking the constitutional right of the accused for speedy trial,” he said.

 Moises then ruled: “Over and above objections of the public prosecutor and considering the accused is entitled to the constitutional right to a speedy trial, the motion to dismiss is granted and this case is hereby dismissed.”

 Earlier, the complainant of the case, Raymund Paran, 19, a sales attendant of Vista Grande Subdivision, filed an affidavit of desistance. He said it was just a misunderstanding that was already patched up.

 Joavan then asked the court to dismiss the case claiming he and Paran had already peacefully settled their differences.

 Joavan first pleaded not guilty to the robbery case during arraignment last March 16, 2011.

 Paran filed robbery complaint against Joavan for allegedly taking two bottles of softdrinks without paying for them at Vista Grande Subdivision on December 15, 2010. He said Joavan drove away after he ordered two bottles of Coke Litro. — (FREEMAN)