Fernandez’s motion for reconsideration denied

The Sandiganbayan has affirmed its earlier decision to convict former Talisay, Cebu mayor and now councilor Socrates Fernandez for obstruction of justice.

In a resolution dated 17 December penned by Associate Justice Maryann Corpus-Mañalac, the anti-graft court’s Fifth Division has junked the motion of reconsideration filed by Fernandez due to lack of merit as it finds no cogent reason to reconsider and reverse the questioned decision.

He was fined P6,000 and ordered his perpetual disqualification from holding public office.

The Court, in the assailed decision said it is clear that the accused knowingly and willfully committed acts that clearly obstructed or impeded the ongoing police investigation against his son Joavan, who was being investigated for poking a gun at a customer of an auto repair shop.

Fernandez also allegedly used his authority as then mayor of Talisay City when he retrieved a bag from his vehicle, which was under the police’s custody during the investigation.

The police said Fernandez refused to hand in the bag from the vehicle when the police officers asked him for it, claiming that Fernandez also said, “What’s the problem? This is my car. No one can stop me. I am the mayor of Talisay City.”

Joavan is now serving a 40-year jail term for multiple criminal offenses.

In his motion, Fernandez said the Court failed to appreciate that prosecution failed to prove his guilt beyond reasonable doubt.

Likewise, he said assuming that he opened the car and took a red lady’s bag, no evidence was adduced that the act obstructed the investigation.

The former mayor also said that the prosecution failed to prove that the act was done in his capacity as mayor or in relation to his office and thus he could not be convicted of the crime and be meted penalty of perpetual disqualification.

But the Sandigabayan said “this theory is moored on erroneous grounds.”

Associate Justices Rafael Lagos and Maria Theresa Mendoza-Arcega concurred with the ruling.