Wives of suspects in Boniel case cry injustice

CEBU, Philippines - The wives of two alleged conspirators in the killing of Bien Unido Mayor Gisela Boniel are asking the court to have their husbands released from detention.

Sonieta Hoylar, wife of Wilfredo Hoylar, and Rebecca Magoncia, wife of Restituto Magoncia, Jr., said their husbands were arrested and are now being detained illegally.

“Here, respondents, acting through their subordinates, arrested Wilfredo Hoylar and Restituto Magoncia, Jr., without a valid warrant and sans any legal and factual basis,” reads the petition for habeas corpus they filed before the Regional Trial Court in Tagbilaran City.

The wives also alleged that the police did not inform Wilfredo and Restituto of their rights when they “invited” them for questioning.

“Respondents, acting through their subordinates, picked up the above-named persons on the pretext that they were only ‘invited’ to shed light on a reported incident, but these persons were no longer allowed to go home, as they were already haplessly and illegally detained,” the petition reads further.

Wilfredo and Restituto were allegedly picked up by the police on June 8 at their residences in Poblacion, Bien Unido, Bohol.

 The following day, they were brought to the Bohol Provincial Police Office in Tagbilaran City and, the day after, were brought to the Police Regional Office-7 in Cebu where they are detained until today.

Sonieta and Rebecca said Police Regional Office (PRO) -7 Director Noli Taliño; Senior Supt. Jonathan Cabal, chief of Regional Intelligence Division-7; and Senior Supt. Felipe Natividad, provincial police director of Bohol must be required to show the court valid grounds to continue detaining Wilfredo and Restituto.

Parricide

In Lapu-Lapu City, prosecutors have elevated to court parricide charges against two others who allegedly conspired with Gisela’s husband, Bohol Board Member Niño Rey, in allegedly killing the mayor.

The two are Riolito “Etad” Boniel, the one who admitted to have maneuvered the boat used to bring and dump Gisela into the sea, and Randel Lupas, a driver.

“Nauna ito because they have been subject to inquest proceedings while the other suspects, requested for a preliminary investigation,” said Atty. Lane Pangilinan, legal counsel of the police and witness Angela Leyson.

Pangilinan said there a possibility that they would be turned into state witnesses.

But Inocencio Dela Cerna, lawyer of Niño Rey, alleged the witnesses were made to sign affidavits without full awareness of their constitutional rights just so the affidavits can be used against the other respondents in the case. Pangilinan said simply they are ready for any delaying tactic the defense may employ.

“The number of lawyers, representing Boniel, or his camp does not affect our position,” Pangilinan said.

“As for the record that they being coerced, of course not, the reports are not true. The three individuals were arrested individually, of competent counsels of their own choice, in executing their respective affidavits,” Pangilinan said.

Pangilinan added the police welcome any investigation or charges that may be initiated by the Commission on Human Rights.

Tapere

For his part, Edgar Tapere, Niño Rey’s driver in Cebu who was also tagged as conspirator, said he is more secure of his safety under police custody.

“Mas bintaha kumpara atong naa ko sa gawas nga tago ko nila… sa pulis, lahi raba, di kay ko mahadlok” Tapere said.

He surrendered to authorities last Monday, 12 days after Gisela was killed, and said he drove Niño Rey from Punta Engaño in Mactan to Cebu City early morning on June 7, the day Gisela was killed. Gisela’s body was dumped allegedly off Mactan Island.

He also brought the board member to the pier where Niño Rey took a vessel to return to Bohol.

Yesterday, the police started searching for the paper bag that may have contained pieces of clothing that Tapere said Niño Rey ordered him to dispose of.

“Unfortunately we failed to get the clothing. We are, right now, retrieving yung tinapon ni Edgar Tapere. We are requesting our man and also sa dump site kung sino yung nagma-manage if they were able to retrieve things of that nature or anything na nanggaling kay mayor,” said Senior Supt. Jonathan Cabal, chief of the regional intelligence division of PRO-7.

Blanket

Meanwhile, the blanket retrieved from the sea last Monday, believed to have been used to wrap Gisela body, was not identified positively by another alleged co-conspirator.

“Naulian ni siya sa iyang kakuyap. Ang habol didto na to sa pumpboat. Katong habol, katan-aw mi, di to mao. Kato (na-retrive) puti man, di man to (ang habol nga giputos) di man to puti, nya circle man ang design,” said Randel Lupas.

The police will now pursue DNA-matching for the blanket.  (FREEMAN)