Bohol PNP frees 2 suspects in Gisela’s slay

Two of the suspects in the slay of mayor Gisela Boniel of Bien Unido town in Bohol were released from police custody on Thursday afternoon, about 20 hours after they were “illegally” arrested by the police.

Lawyer Inocencio de la Cerna Jr. said the police have no grounds to arrest Lobo Boniel and Brian Sayson whose cases are still pending at the Lapu-Lapu City Prosecutor’s Office.

“They (police) should not be messing with the constitutional rights of the citizens of this country. The Bill of Rights is very clear. If you mess with it, you’ll have the full force of the law against you,” he told Cebu Daily News over the phone shortly after his clients stepped out of the Bien Unido Police Station detention cell at around 3 p.m. on Thursday.

Lobo and Sayson were arrested by Bohol policemen upon the instruction of the Regional Intelligence Division (RID) in Bien Unido town, Bohol, at around 6 p.m. on Wednesday after a warrant of arrest was purportedly issued by the court in Cebu City which is handling the murder case against the persons responsible for Gisela’s death.

But a perusal of the arrest warrant showed that the names of Lobo and Sayson were not included therein.

“There were four specific names in the warrant and then John Does, but nowhere in that paper will you see the names of Lobo Boniel and Brian Sayson,” De La Cerna said.

He said they are contemplating on filing a series of complaints against the persons who were responsible for arresting his clients.

“I am happy that my two clients were released. The police have realized their folly. Nevertheless, we are still exploring the possibilities of filing the appropriate charges for the blatant violation of our clients’ constitutional rights,” De La Cerna said.

Gisela’s husband, Bohol Provincial Board Member Niño Rey Boniel, was tagged as the principal suspect after he allegedly shot his wife and threw her body into the sea between Cebu and Bohol on June 7.

Niño, along with his cousin Riolito Boniel, driver Randel Lupas, Restituto Magoncia Jr. and Wilfredo Hoylar, have been detained.

Hoylar’s son Wilson, Sayson, Lobo and Allan delos Reyes Jr. are not under police custody.

Since they were not arrested by the police early on, Wilson, Sayson, Lobo and Delos Reyes would undergo the regular preliminary investigation where they would be asked to submit their respective counter-affidavits.

They can only be arrested once the court issues a warrant if they are indicted by the prosecutor.

Supt. Jonathan Cabal, RID head, said they heeded the advice of Lapu-Lapu City Prosecutor Ruzo Zaragoza to release Lobo and Sayson.

“The John Does do refer to Lobo and others, but they still have to finalize the resolution. Accordingly, in two to three weeks, there will be a warrant naming them (Lobo and Sayson) specifically. We are in good faith that the warrant against them is valid,” he told CDN.