CEBU CITY, Philippines - A team from the National Bureau of Investigation in Central Visayas (NBI-7) on Monday night arrested Joavan Fernandez in Talisay City.Fernandez was having a massage at a spa in Barangay (village) Tabunok when NBI agents led by Arnel Pura pounced on him about 11:30 p.m. The agents were armed with the arrest warrant issued by Regional Trial Court Judge Manuel Patalinghug for the charges of serious illegal detention and physical injuries. Fernandez was accused of picking up and mauling two vulcanizing shop workers whom he accused of stealing the spare tire of his father, Talisay Mayor Socrates Fernandez. Pura told Cebu Daily News that Fernandez was caught by surprise and could no longer put up a fight. He said Fernandez would be brought to the NBI office before he would be presented to the court on Tuesday.
The operation was conducted on the same day the Talisay City Prosecutor filed the serious illegal detention and physical injuries charges against the mayor's controversial son. The information amended the charges filed earlier against Fernandez' companions in the alleged mauling of the Abellana cousins. Patalinghug, said the arraignment would be scheduled as soon as Joavan is brought to court. The case was filed even if Winston had filed an affidavit of desistance. But his cousin, Osbert, however, vowed to pursue the case Judge Patalinghug said the validity of the affidavit of desistance would have to be determined by the court.
He added it did not also affect the preliminary investigation when the case was still at the prosecutor's level. Patalinghug said Winston and aunt Merceditha might have to take the witness stand to explain why they withdrew from the cases they filed against Fernandez. Merceditha also filed an affidavit of desistance, withdrawing from the robbery complaint she filed against Fernandez for allegedly stealing her DVD player and television set. The case stemmed from the Aug. 11 incident, where Fernandez and his five companions allegedly picked up and brought Winston and Osbert to his home in Bulacao where the two shop workers were allegedly mauled. Fernandez accused the cousins of stealing his father's spare tire. Osbert's father, Oscar, led the police to Fernandez' house. A raid was conducted and the two were rescued.
Benedeck Gabasa, Teodoro Ligaray, Mark Perez and two minors were arrested. Fernandez, however, escaped. His five friends were detained and charge in court following an inquest proceeding. Since Fernandez was not arrested, he underwent a preliminary investigation. Fernandez, in his counter affidavit, denied the allegation and claimed that it was his neighbors in Bulacao who mauled Osbert and Winston when the two tried to run. But the prosecutor's office in Talisay later found probable cause to charge Fernandez in court. Meanwhile, Lawyer Oliveros Kintanar said that he told Oscar that he was offering his services for free. “I am willing to help them as long as they needed me,” said Kintanar, in a phone interview.
“Most of the cases that I've handled were pro-bono, so I'm willing to help him,” he added. Kintanar's offer came after Oscar was told by another dispatcher that Fernandez was looking for him. Oscar said he was scared but he would continue with the case against Joavan. Meanwhile, the Office of the Ombudsman-Visayas has started gathering documents on the Fernandez controversy. Santiago said the office's move to conduct fact-finding on the matter was only based on media reports.
She said the office cannot point out if Mayor Fernandez or any public official in Talisay City is involved on the controversy. “Di man na opisyal sa gobyerno si Joavan. Ang nikiha dili sab public official,” Santiago said.
She also refused to comment on the reports that Winston backed out from the case after he was paid off by Mayor Fernandez. “We still have to wait on the result of the investigation, we cannot jump into conclusion,” Santiago said. /Correspondent Ador M. Mayol with Correspondents Carine M. Asutilla and Justin A.K. Vestil | 
