Arbitrary detention complaint against Senior Supt. Cabal, 6 other cops junked

By: Nestle L. Semilla January 14,2018 - 10:56 PM

CABAL

DUE to lack of probable cause, the Bohol Provincial Prosecutor’s Office has dismissed the complaint of arbitrary detention against Senior Supt. Jonathan Cabal, chief of the Regional Intelligence Division in Central Visayas (RID-7), and six other police officers in Bohol.

This developed after Acting Provincial Prosecutor of Bohol Ryan Sojor issued a resolution granting the motion for reconsideration filed by Cabal and the six other police officers to reverse the previous finding of probable cause for arbitrary detention against them.

Lawyer Amando Virgil Ligutan, who is Cabal’s counsel, said that the prosecution approved the motion for reconsideration they filed November last year.

“We received a copy of the resolution dismissing the charge against Cabal and the other officers (a day after it was issued),” Ligutan said.

The order was issued on Jan. 10 and a warrant of arrest was issued against Cabal also on the same day.

Ligutan said that they would act accordingly with regard to the warrant of arrest.

“The evidence and circumstances surrounding the case are insufficient to establish the existence of probable cause for the instant offense of arbitrary detention,” said Prosecutor Sojor in the resolution.

“Arbitrary Detention is malum in se, which requires criminal intent on the part of the respondents (Cabal and the other police officers). There are no allegations or evidence on record that would show or much less prove that herein respondents were equipped with any ill-motive to arbitrarily detain the complainants,” the resolution said.

Ligutan also said that the prosecutor further recommended the dismissal of the complaint against his clients for lack of probable cause.

The complaint against Cabal and the six police officers stemmed from the arrest of three suspects in the disappearance and killing of Bien Unido Mayor Gisela Bendong-Boniel.

Lobo Boniel, Wilson Hoylar, and Brian Sayson filed cases against Cabal and other police officers including the complaint of arbitrary detention.

Boniel, Hoylar, and Sayson were among of the suspects in allegedly conspiring with Bohol Provincial Board Member Rey Niño Boniel who allegedly killed his wife Gisela.

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