Both camps prepare for trial; Search ends;still no Gisela

CEBU, Philippines - Authorities have failed to locate the body of Bien Unido Mayor Gisela Boniel.

Divers scoured the waters off Caubian Island in Mactan since June 8, the day after her husband, Bohol Provincial Board Member Niño Rey Boniel, allegedly shot her dead and threw her body to sea, but they found no trace of her until yesterday.

 Police Senior Supt. Rommel Cabagnot, head of Task Force Boniel, said they will recommend that the search and retrieval operation be terminated.

“Ang instruction nato pag last Friday, mag-dive ta. Og may makuha maayo, og wala, irekomenda na ang pag-stop sa operation. Nakita man ninyo nga walay nakita… i-ampo nalang gyod nato ang kalag ni mayora,” Cabagnot said.

It was Riolito “Etad” Boniel, a cousin of Niño Rey, who reportedly maneuvered the boat Niño Rey allegedly used to bring Gisela to sea, who testified that it was off Caubian Island where they dumped her body.

Gisela’s body was reportedly wrapped in a blanket and a fishnet and weighed down with rocks weighing 30 kilos.

On the last day of search yesterday, seven divers dove twice, including at the canal area between Buen Unido and Caubian Island where they found a white blanket.

“Wala nasayang kay naay nakuha nga habol. Wala lang ta swerteha kay wala nato nakita ang lawas pero nagpasalamat lang ta nga walay nahitabo sa atong mga divers kay kahibawo man gyod ta nga unsa kalisod ug kalawom ang ilang gi-dive,” Cabagnot said.

Meanwhile, Chief Inspector Jacinto Mandal Jr. who led the dive yesterday said Gisela’s best friend, Angela Leyson, has confirmed that the blanket retrieved from sea earlier is the same blanket used at the dive camp in Bien Unido where she and Gisela were made to stay after they were allegedly kidnapped prior to the mayor’s death.

“We are very happy. Na-estorya man namo ang usa sa mga amiga ni mayor. Nag-estorya siya nga ang katong na-recover nga blanket was positively identified nga mao gyod to ang blanket nga gikan sa dive camp,” Mandal said.

Trial mode

Regardless of the outcome of the search, defense counsel Inocencio Dela Cerna, Jr. said they are now preparing for trial.

“We are also preparing not anymore on whether makit-an ba or dili ba. We are now one step ahead because we are preparing full time for the trial itself. We do not expect that these cases will be dismissed in the prosecution level,” Dela Cerna said.

He shared an official statement from his client:

“As the PNP has declared that it will officially end the search re the whereabouts of Mayor Gisela Boniel, the Board Member and the other respondents have mixed feelings of frustration and distress. On one hand, the Board Member is most concerned if indeed his wife will ever be found.”

Another of Niño Rey’s lawyers, Gerardo Carillo, reiterated that the so-called testimonial evidence the authorities have presented against Niño Rey is not enough to establish his guilt beyond reasonable doubt.

“First, walay nakit-an nga lawas… walay armas nakuha… ikatulo, negatibo sa powder burns,” Carillo said.

He said the defense does not shoulder the burden to prove that Gisela is alive.

He also pointed out that the statements of alleged conspirators turned state witnesses - Riolito, Randil Lupas and Edgar Tapere are inconsistent.

“Mao ni ang problema kung mu-rely ka sa testimonya… if the police relies so much on testimonial evidence. What if inig abot sa hukmanan mausab? Then their evidence will fall apart. Is that what we call strong evidence?” Carillo said. 

Jurisdiction

Niño Rey and his alleged conspirators are facing at least three criminal cases filed in Cebu and Bohol.

The parricide case against him was filed in Lapu-Lapu City in Mactan, Cebu because he allegedly killed his wife on board a boat right off the island and dumped her body there.

Meanwhile, the kidnapping and illegal detention charges were filed in Bohol because it is where Gisela and her best friend, Angela Leyson, were allegedly kidnapped and kept.

His lawyers are asking the court to consolidate the cases.

“In legal parlance, this is supposed to be a legal crime. This could not be two crimes. It could only be one crime of kidnapping the attending murder and the death of Mayor Boniel is only an aggravating circumstance,” Dela Cerna said.

He also pointed out that the authorities have not presented any document that Gisela’s family has filed an official complaint against Niño Rey, which may reportedly be the reason that the police allegedly filed the parricide case against him hastily.

“We see the hastiness in the filing of the complaint. For one, we see no supporting documentation of family of the missing Mayor Boniel. Secondly, it is already a fact that this incident consists only of one incident,” Dela Cerna said.

Supt. Ehdel Genese Pereira, legal representative of the Police Regional Office (PRO) - 7, said the prosecution’s case is strong.

He said among the pieces of evidence they will present are the pump boat where they recovered bloodstains and footage from a closed-circuit television (CCTV) camera, which reportedly shows Niño Rey docking at Punta Engaño in Mactan Island on the night of the incident.

“We are stressing here that we have a strong case. We are not only relying on testimonial evidence,” Pereira said.

Police Regional Office-7 director Noli Taliño, Regional Intelligence Division-7 chief Jonathan Cabal, and Bohol Provincial Police Office director Felipe Natividad are given 48 hours to submit their Memorandum to put into writing their contentions of the arrest of Wilfredo Hoylar and Restituto Magoncia, Jr.

Regional Trial Court Judge Sylva Paderanga of Branch 16 said after respondents can submit their memorandum, she will resolved the petition for the issuance of a habeas corpus filed by the wives of Hoylar and Magoncia, alleged conspirators in the killing of Bien Unido Mayor Gisela Boniel.

Last week, Sonieta Hoylar, wife of Wilfredo, and Rebecca Magoncia, wife of Restituto, both residents of Poblacion, Bien Unido, Bohol, filed a petition claiming their husbands were illegally detained by the police.

Lawyer Renato Galeon of the petitioners said yesterday they had already filed their memorandum stressing Wilfredo and Restituto were arrested without any valid warrants since arresting officers had no personal knowledge of their alleged participation in the killing of Gisela.

 Lawyer Lane Pangilinana of the respondents said they were confident that the petition for the issuance of habeas corpus will be denied citing the Lapu-Lapu City Prosecutor’s Office has issued a certification that Wilfredo and Restituto, among others were validly arrested without warrant. (FREEMAN)