Cebu City cops ordered: Detain Boniel in Bohol - Court

CEBU, Philippines - The Regional Trial Court in Talibon, Bohol has issued a commitment order to transfer Board Member Niño Rey Boniel to the Bohol Provincial Jail after his indictment for kidnapping and serious illegal detention.

Judge Marivic Trabajo-Daray has ordered the police to transfer the board member to Bohol within 72 hours from receipt of her commitment order.

One of Boniel’s eleven lawyers, Gerardo Carillo, personally submitted a copy of the commitment order to Abellana Police Station, where the accused is presently detained.

Boniel is accused of kidnapping and killing his wife, Bien Unido Mayor Gisela Boniel.

Carillo said that before the board member will be transported to Bohol, he (Niño Rey) will submit his counter-affidavit today, as part of the requirement of the preliminary investigation their camp had earlier requested with the Lapu-Lapu City Prosecutor’s Office.

A separate complaint for parricide is pending before the Lapu-Lapu City Prosecutor’s Office.

“We will wait unsa’y reaction sa atong kapulisan,” said Carillo.

High-profile suspect

Since Niño Rey is considered a high-profile suspect, the security risk in attending hearings in different court rooms is high.  With that, his camp will file a motion to consolidate his cases.

“Actually, niingon siya nga lisod, kay maglabang-labang man siya.  Ma-file sad ni sa fiscal’s (Lapu-Lapu city prosecutor’s office) he has to come also.  We will probably consider the filing, nga i-consolidate into one – it could be either Cebu or Lapu-Lapu, or didto sa Tagbilaran. Basta usa lang. Kay risgo man gud ni sa seguridad kung sige og balhin-balhin,” Carillo said.

Some of the accused who are in police custody as witnesses include Riolito “Etad” Boniel, and Randel Lupas.

Detained together with the board member are Resituto Magoncia Jr. and Wilson Hoylar’s father, Willy.

Wilson and Brian Sayson, who denied conniving with the principal suspect, earlier sought the legal assistance of lawyer Inocencio dela Cerna.

At present, only Allan Delos Reyes Jr. and Lubo Boniel remain at large.

Dela Cerna, on the other hand, said his client Wilson Hoylar will file a counter-affidavit to deny allegations that he received cash as payment for inviting Mayor Gisela to the Bien Unido Double Barrier Reef dive camp.

“Whatever the allegations, when the time comes, we will file the counter affidavit.  As of now we don’t have a copy of the subpoena.  But as soon as we receive that, we will answer,” dela Cerna said.

No special treatment

Police Regional Office (PRO)-7 Spokesperson Senior Inspector Reslyn Abella said they will deploy security forces, if necessary, for the suspect’s transfer to Bohol.

As for apprehensions that the accused will receive special treatment, since he is closer to his hometown in Bien Unido, Bohol, Abella assured that policemen in Bohol were instructed to treat the board member in the same manner as the other detainees.

‘Show me the body’

Meanwhile, Regional Trial Court Branch 16 Judge Sylva Paderanga has granted the issuance of a habeas corpus to produce the bodies of two alleged conspirators in the killing of the Bien Unido mayor, after she finds the petition meritorious.

Sonieta Hoylar, wife of Wilfredo Hoylar, and Rebecca Magoncia, wife of Restituto Magoncia, Jr., both residents of Poblacion, Bien Unido, Bohol, claimed their husbands were illegally detained by the police.

On June 8, they claimed their husbands were invited by the police to go to Bohol Provincial Police Office and eventually to Police Regional Office-7 in Cebu City to “shed light.”

However, the police allegedly did not release them, but instead locked them up and detained them at PRO-7.

In her order, Paderanga granted the habeas corpus filed by the wives and directed respondents, Police Regional Office-7 Director Noli Taliño; Regional Intelligence Division-7 chief Jonathan Cabal, and Bohol Provincial Police Office Director Felipe Natividad to produce the bodies of Wilfredo and Restituto before the court for the hearing of the petition today and to show cause why they were detained since she found no valid ground to hold and detain them without valid warrants.

Sonieta and Rebecca have earlier questioned the legality of the arrest of their husbands, stating their constitutional rights were violated. (FREEMAN)