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Councilor scores police delay in serving Joavan’s warrant

Cebu Daily News

Posted date: August 30, 2008


A member of the Talisay City Council yesterday expressed frustration with the Talisay City police over the “late implementation” of a search warrant on the Talisay City mayor's controversial adopted son last Thursday.

Talisay City Councilor Alan Bucao said the six-day delay in the implementation of the search warrant resulted in the fruitless police search on Joavan Fernandez.

“Kung lain pa to nga tawo, dali ma-implement ang search warrant (If it were a different person, the search warrant would have been served in no time),” said Bucao.

The search warrant was issued by Judge Soliver Peras of the Regional Trial Court Branch 10 on Aug. 22, but was served only last Aug. 28 by the Talisay City police.

The search warrant was for .45 caliber pistol and a high powered firearms.

But the police did not find anything when they raided Joavan’s house in barangay Bulacao, Talisay, last Thursday morning.

Bucao said Joavan is fortunate that he is the son of Talisay Mayor Socrates Fernandez.

In the whole history of Talisay, he added, no child of the mayor had numerous criminal records until Joavan.

He said the key to this problem is Fernandez. “We can't solve this problem unless Mayor Soc prevents himself from disrupting authorities who want to investigate Joavan on his alleged antics.”.

Bucao clarified that he had nothing against the mayor and that there were no political considerations to his stand.

“I have no ambition to be mayor of the city,” Bucao said.

But Bucao said that he just wants to put this out in the open because the recent controversies involving Joavan are causing harm to the city.

“Businessmen, who wish to invest in Talisay City, are turning back due to Joavan,” said Bucao.

Senior Supt. Carmelo Valmoria, Cebu provincial police director, defended the Talisay City police.

He said the search warrant took six days to be implemented because they were waiting for Joavan to appear at his house.

During the raid, Fernandez showed up and questioned the police presence.

He only backed off when he was shown a copy of the warrant. He then called up Joavan’s lawyer for advice before he allowed the police to proceed with the search.

Judge Peras said the police’s action to serve the warrant six days after it was issued could not be questioned, because a warrant may be served anytime before its expiration date.

“It is under the police's discretion when to implement the search warrant. That is why it has a life span of 10 days,” he said.

Meanwhile, Talisay City Prosecutor Marshall Rubia yesterday said he still did not receive any counter-affidavit from Joavan on the complaint filed against him for mauling two workers in a vulcanizing shop.

According to Rubia, Joavan had until Monday to submit his counter-affidavit. Otherwise, the complaint lodged against him will be set for resolution. WITH CORRESPONDENT HAYDE QUIÑANOLA

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