Monday, June 07, 2010

Joavan, Mayor Soc to be charged Monday

The .45 caliber pistol used in Friday's road rage incident in Talisay City involving Joavan Fernandez and a businessman driving a BMW, is still missing.

Joavan's red Isuzu Bighorn was towed yesterday to the police station as law enforcers refused to inspect the car without a court warrant.

The police's failure to open the car immediately after arresting Joavan, the Talisay mayor’s son, was a wasted opportunity, said two legal sources.

They don't need a warrant for that, said lawyer Democrito Barcenas in an interview.

“As long as the arrest was lawful, a search can be made,” he said.

A second source, a judge who asked to remain unnamed, confirmed this.

Read the whole article from the Philippine Daily Inquirer website by clicking on the title above.

My pulis take:

I do not believe that the Talisay, Cebu policemen are that stupid not to know that "search incidental to arrest is legal." I just think that these policemen were just staying in the side of caution in protecting themselves. Personally I believe that what they did was wrong--very very wrong. But who can blame them? Consider the options they were facing:

1. If they searched the car, they could have found the weapon--and earned the ire of Mayor Soc. By all indicators, Mayor Soc is the textbook example of a "kunsitidor." In this particular case, if the reports were accurrate, it appears that he even personally retrieved the main evidence and "corpus dilecti" in this crime. So if you are a Talisay policeman, what would you prefer, earn the ire of Mayor Soc and make Vincent Joe Castrodes happy or vice versa? Who is Joe anyway?

2. If the policemen searched Joavan's car, the latter could charge them with robbery (even if unfounded of course). The criminal aspect of the robbery case may be resolved in their favor by the courts later but the administrative part may be filed by Joavan in the PLEB. And guess who is the ultimate head of the PLEB? Yes, you guessed it right, the Mayor--the Dad! The law mandates that one member of the PLEB is an SB member and another is a Bgy Captain. Usually, both of these guys are the Mayor's choices.

3. Now that they did not do their duty, the policemen "will face a separate administrative investigation for their “lapses” in the case," said Sr. Supt. Erson Digal, provincial police director. Well, the complainant in this case will be the PNP itself. For the involved policemen, this is way better than a case where Joavan is the complainant.

So there you have it. Some pulis idea from a pulis na pogi. And by the way, before critics lambast me, i would like to remind you that Mayor Soc is always right. And people of Talisay agree with him. Just look at the results of the recent elections!

Hahaha, fire away!

1 comment:

  1. This is my take.

    It's so obvious that Joavan Fernandez, 28 years of age and an adult is a law violator and a criminal.

    His dad, Mayor Soc Fernandez, a man of God and Faith consents every step of the way.

    Joavan's activities has grown from petty to serious.

    My question is, Should we all wait that something worse happens?

    To him or even much worst, to innocent civilians like our love ones?

    I guess its about time to do our acts together.

    I'm just wondering where are the so called VIGILANTES in CEBU that took the city by storm?

    Where are you when you're much needed now?

    Its about time..


tell me what you think!