Cops defy court order to release accused in Bohol mayor’s slay

CEBU, Philippines - The Police Regional Office in Central Visayas will continue detaining the alleged perpetrators in the killing of Bien Unido, Bohol Mayor Gisela Boniel despite the court’s issuance of a release order.

Regional Trial Court Judge Sylvia Aguirre-Paderanga of Branch 16 has ordered the immediate release of Wilfredo “Willy” Hoylar and Restituto Magoncia Jr.

“The authorities are directed to release Hoylar and Magoncia immediately from custody or detention unless there is any lawful ground to warrant their continued detention,” part of the order reads.

The court also denied the police’ motion for reconsideration of the court order dated June 30 for lack of merit.

“The June 30, 2017 order of  this court continues to stand for all intents and purposes, under the ambit of this habeas corpus court,” the decision reads.

But the police refused to let go of the accused who are being detained at the Cebu City Police Station 2 in front of Camp Sergio Osmeña, headquarters of the PRO-7.

Senior Superintendent Jonathan Cabal, PRO-7 Regional Intelligence Division chief, said the release order, which they received on August 17, is no longer valid because the warrant of arrest was issued beforehand.

“Actually the camp of Boniel (Niño Rey) paved for the release of Magoncia and Hoylar who are presently incarcerated at the Police Station 2, alleging that they are incarcerated for no legal grounds.  I’m sorry to tell pero hindi natin pwede i-release,” Cabal said.

The arrest warrant penned by Judge Altone Miralles, presiding judge of the Regional Trial Court Branch 54 in Lapu-Lapu City, was issued against personalities charged with parricide.

Lobo Boniel and Bryan Sayson, the alleged conspirators in the kidnapping and killing of Gisela, have already been released following a “premature” issuance of a warrant of arrest that failed to specify their names.

Cabal said that it was not actually a failure on their part, but what happened was that when the complaint was filed before the Lapu-Lapu City Prosecutor’s Office for the charges of parricide, the suspects in the warrant were “John Does.”

Bohol Provincial Board Member Niño Rey Boniel, Lobo, Sayson, Magoncia, Hoylar, Reolito “Etad” Boniel, Randel Lupas, and Wilson Hoylar are facing parricide charges over the disappearance and presumed death of Gisela.

Niño Rey allegedly shot his wife last June 7 at a dive camp in Bien Unido town in Bohol and the body was said to have been dumped in the seawaters off Lapu-Lapu City in Cebu.

Cabal said criminal charges would soon be filed against the accused.

“The lawyers of Boniel should not confuse the public or the press na mali or unconstitutional ang arrest. I will not order them to arrest if wala tayong legal basis,” Cabal said.

Lawyer Inocencio dela Cerna, the counsel of the accused, reiterated that his clients are not guilty unless there is a valid warrant of arrest specifying their names.

He said the incident should serve as a lesson for the personnel of Bien Unido police station and RID.  (FREEMAN)