Police to use ‘reasonable force’ to get mayor’s son

Surrender now and face the music.

This was the advice of the lawyer of fugitive Joavan Fernandez as police yesterday continued its manhunt for the adopted son of Talisay City Mayor Socrates Fernandez.

Joavan escaped from a police detention cell late Wednesday night, after a jail guard let him step out to meet his wife who visited the stockade in Talisay City Hall.

Joavan was last seen boarding a green Mitsubishi Adventure, a government service car often used by his father, the mayor.

Joavan was arrested three days earlier and charged with illegal possession of a gun and grenade, and violation of the election gun ban.

“As his lawyer, I would advise him to give up. Let’s face the music,” said George Bragat who has defended the mayor’s son in most of his criminal cases.

Staying away “will just aggravate the situation,” Bragat told Cebu Daily News.

Neutralize him

An angry Chief Supt. Marcelo Garbo, regional police chief, made the search for Joavan top priority for his men.

“For the moment we can consider Joavan Fernandez public enemy number 1 in Cebu province,” he said.

“He has caused a lot of aches and problems in the province as well as in our functions as a police force. We will not allow him to do his skirmishes with the law.”

Garbo said the mayor’s son was now a fugitive with pending cases.

“I ordered my men to neutralize him as soon as possible. Kalaban siya sa police, hindi natin alam kung anong mangyari sa kaniya (He’s now an enemy of the police, we don’t know what will happen to him).”

While he said Joavan was “armed and dangerous,” Garbo said the police will follow proper procedures in recapturing him.

Asked to clarify if his order to “neutralize him” was a directive for the police to shoot Joavan, Garbo said his men will do so if there is reason to use force.

Just before Joavan disappeared he was visited by his wife Mayet and children about 10:45 p.m., said SPO1 Mike Espina of the Talisay City Police Office.

(Joavan has four young children.)

She approached PO2 Leandro Azarcon, who was sitting at a table, and offered him a bottle of soft drink.

Joavan appealed to be allowed to go outside for a while to hug Mayet and their children.But once Joavan stepped out of the cell, he ran outside the building and boarded the SUV which sped away towards Barangay Pooc.

Two security guards on duty at the Lapu-Lapu City Hall failed to stop Joavan, Espina said.

Azarcon, the guard on duty, was relieved from his post and faces investigation.

Well-planned escape

Mayor Fernandez and Joavan’s wife will also be included in the investigation for allegedly aiding in his escape.

“Kasama yang si Mayor Soc sa investigation,” Chief Supt. Garbo said.

He noted that the vehicle used in Joavan’s getaway was registered with the Office of the Mayor of Talisay City.

“It was a well-planned escape,” Garbo said.

The van, with plate number SGT-488, was found abandoned at a parking lot of a fastfood chain near the junction of A.S. Fortuna St. in Mandaue City at 6:30 p.m. last night.

Bragat, a close friend of the mayor, said he is just waiting for Mayor Fernandez to get in touch with him about the latest developments.

The lawyer said he only read media reports about the cases of illegal possession of firearm and explosive, and the election gun ban filed against Joavan arising from his arrest, but has not received any subpoena or copy of the complaint.

Bragat last met Joavan in the Talisay City police detention center on Tuesday, May 7 or a day before his escape.

As in previous cases, Joavan’s family would have posted bail.

But this time the charge of illegal possesion of an explosive, a non-bailable offense, would have kept Joavan in jail until the trial of the case is finished if the judge found evidence against him was strong and denied him bail.

This prospect is speculated to be the reason Joavan bolted.

The bench warrant of arrest served by the police who arrested Joavan on Monday was issued to compel Joavan to appear in court for his arraignment in a two-year-old case of slight physical injuries, according to Bragat.

Joavan was scheduled to appear for arraignment last April 25 but he was on the run after he allegedly shot a car dealer’s watchman early last month.

Joavan was arrested in his father’s house in Southgate Subdivision in Barangay Bulacao on Monday.

The police served him a bench warrant issued by Municipal Trial Court in Cities Judge Mario Manayon.

During the arrest, the police said they recovered from Joavan a grenade and a Dillinger Black Widow revolver with live bullets.

The police filed three separate charges against Joavan before the Talisay City Prosecutor’s Office. He was supposed to be transferred yesterday to the Talisay City jail in the upland barangay of Maghaway.

Supt. Elmer Lim, chief of the Talisay City Police Station, said police will use “reasonable force” to recapture Joavan.

“We don’t just kill somebody. We apply reasonable force, but if he’ll resist, we’ll not allow ourselves to be outgunned. It’s better for him to surrender before anything bad happens to him,” said Lim.

Supt. Paul Labra II, chief of the Regional Intelligence Division Management Branch, said a special team headed by Chief Insp. George Ylanan, chief of the Regional Special Operations Group, was tasked to go after Joavan.

“The sooner his arrest would be better for the community since he is not in his normal behavior and right state of mind,” he said.

Lim said PO2 Azarcon violated detention regulations by letting Joavan out of his cell.

Visiting hours are from 6-9 a.m., 11a.m. To 1 p.m and 4-6 p.m.

Joavan’s visitors came past 10 p.m.

“He let Joavan out for humanitarian reasons. He took pity on him when Joavan pleaded that he just wanted to hug his children. But he took off as soon as he stepped out of his cell. Now that he has escaped, has Joavan taken pity on Azarcon who is now facing dismissal?” said Lim. /Chito Aragon, Gabriel C. Bonjoc, Joy Cherry Quito, Jhunnex Napallacan, Jucell Marie Cuyos and Tweeny M. Malinao