TWO men linked to the killing of Bien Unido Mayor Gisela Bendong-Boniel will remain detained at the Police Regional Office in Central Visayas (PRO-7) detention cell despite an order from a Cebu City judge to set the suspects free.
Chief Supt. Noli Taliño, PRO-7 director, said that Wilfredo Hoylar and Restituto Magoncia were already charged with murder in a court in Lapu-Lapu City.
“Yung habeas corpus sabi ng judge i-release yung dalawa kung walang kinakaharap na kaso or wala pang resolution ang kanilang kaso. But (on Friday) na-receive na rin yung kaso nila, hapon din (In the habeas corpus, the judge ordered the release of the two suspects if they were not yet facing any charges or their case had not yet been resolved. However, their case was already elevated in the court also that afternoon when the habeas corpus was issued),” said Taliño.
On Friday, the Regional Trial Court Branch 16 Presiding Judge Sylvia Paderanga ordered the release of Magoncia and Hoylar.
The order issued by Paderanga granted the writ of habeas corpus filed by the wives of the two suspects.
But on the same day that the writ of habeas corpus was issued, the Lapu-Lapu City Prosecutor’s Office also indicted Bohol Provincial Board (PB) Member Niño Rey Boniel of parricide in relation to the death of Niño’s wife, Gisela.
Murder case filed
Meanwhile, the two other accused — Hoylar and Magoncia — were charged with murder.
The writ of habeas corpus granted by the Cebu City court was rendered moot with the filing of the murder case in court against Hoylar and Magoncia.
“So pinapadala sa amin ang resolution indicting yung dalawa, si Hoylar and Magoncia, na sila ay charged na sa kasong murder. So hindi natin ire-release kasi may kaso na (So we received a resolution indicting Hoylar and Magoncia where they were already charged with murder. So we will not
release them since the case is already in court),” Taliño said.
Taliño added that the PRO-7 also welcomed the filing of the parricide case against Niño in court.
Consolidate cases
Meanwhile, the lawyers of the Bohol PB member will ask the courts to consolidate the two cases in Bohol and Lapu-Lapu.
The Lapu-Lapu Regional Trial Court (RTC), however, will not handle newly filed criminal cases as mandated by the Supreme Court in 2015.
All newly filed criminal cases in Lapu-Lapu City will be handled by the RTC in Cebu City.
Taliño, however, said that they don’t have any problem as to the venue on where Niño’s case will be heard.