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Joavan posts bail, avoids arrest



JOAVAN Fernandez, son of Talisay Mayor Socrates Fernandez, again avoided being detained for a charge of illegal possession of firearms after posting bail more than an hour after an arrest warrant was served against him.

Intelligence operatives from the Lapu-Lapu City police went to Joavan’s house in Talisay City around 2:30 p.m. yesterday, but he wasn’t home. They had with them an arrest order issued by Regional Trial Court (RTC) Judge Francisco Allan Garciano.

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More than an hour later, Joavan’s lawyer rushed to the office of RTC Judge Victor Teves and filed a motion to post bail amounting to P60,000.

After Judge Teves ruled in favor of the motion, the judge on the case (Garciano) had to recall the arrest warrant and accept the motion to adopt the bail.

Earlier motion

“By legal means, Joavan enjoys temporary liberty because of that release order issued by the court,” said Acting Lapu-Lapu City Police Director Mariano Natuel.

Natuel said that during the resolution of Joavan’s charge for possession of illegal drugs, he filed motions to post bail for that and the separate illegal possession of firearm complaint.

After Joavan was freed in the drugs case, his lawyer pointed out he had earlier filed the motion for bail for the illegal possession of firearm charge.

“Technically, Joavan has an unresolved motion to bail. It so happened nga wala na niya ug sa iyang abugado matagad maong nalutsan siya ug warrant (It so happened that he and his lawyer failed to attend to it, so the warrant was issued against him),” Natuel said.

Case history

Members of the Highway Patrol Group (HPG) 7 initially stopped the vehicle carrying Joavan and four other men over several traffic violations near the Mactan-Cebu International Airport in Barangay Pusok, Lapu-Lapu City last Sept. 22.

But when operatives noticed Joavan’s holster, they searched the vehicle.

Police seized a .38 revolver and some packets of shabu.

Last Sept. 28, Joavan was released from detention on a P60,000-bail.

Judge Teves approved the motion for bail filed by Joavan’s counsel after a hearing.

On Sept. 25, Joavan posted P200,000 as bail for the possession of shabu and shabu paraphernalia.

The P60,000 was for the charges for illegal possession of firearm the HPG 7 filed against him.


Published in the Sun.Star Cebu newspaper on November 13, 2009.