Court denies Boniel's motion for recon

CEBU, Philippines — The Regional Trial Court in Lapu-Lapu City has affirmed its earlier ruling that it has jurisdiction over the parricide case filed against Bohol Provincial Board Member Rey Niño Boniel.

Rey Niño, in his partial motion for reconsideration, sought for the dismissal of the case filed against him for allegedly killing his wife, Mayor Gisela Boniel, claiming the Lapu-Lapu City Prosecutor's Office has no jurisdiction over the complaint.

As alleged by the witnesses, he said the parricide case was committed within the area of Bohol.

"Basic is the rule that in criminal law that the venue in criminal cases is jurisdictional, being an essential element of the offense charged. In all criminal prosecutions, the action shall be instituted and tried in the court of the municipality or territory wherein the offense was committed or any one of the essential ingredients thereof took place," read the motion.

However, Assisting Judge Ferdinand Collantes of Branch 54, denied the partial motion for reconsideration of Rey Niño.

He said there was no showing that the offense was committed within the territorial jurisdiction of Talibon, Bohol, thus, it has no jurisdiction over the case.

"On the allegation of the accused that in all probability, Mayor Gisela could have been already dead while at Dive Camp and the purpose of bringing her to the seas of Olango Island in Lapu-Lapu City, was to throw her dead body to hide the commission of the crime, cannot be sustained at this point where the prosecution has yet to present evidence to prove the material allegations of the charge against him, which include the place the killing place," read the order.

Though Boniel's motion was denied, Collantes said Boniel may still raise their defense for lack of jurisdiction due to improper venue at any stage of the proceeding.

If the court finds during trial that the crime was indeed committed outside its territorial jurisdiction, the court should dismiss the case based on such ground.

Aside from the parricide case, Rey Niño was also charged before the court in Talibon, Bohol with kidnapping and serious illegal detention in relation to the case.

Collantes said the consolidation of the case of parricide filed before his court and the case of kidnapping and serious illegal detention filed in RTC Branch 52, Talibon, is improper as the two cases were under two different territorial jurisdictions.

Rey Niño earlier asked for the consolidation of cases in Bohol.

Gisela was allegedly killed on June 7, 2017 and her body was wrapped in a fish net embedded with rocks that served as sinker before she was  thrown into the seawaters between Caubian Island and Olango Island in Lapu-Lapu City. (FREEMAN)