THE defense lawyer of the suspects in the slay of Bien Unido, Bohol Mayor Gisela Boniel, believes an arrest warrant issued by the court against seven policemen for the alleged arbitrary detention of his client’s remains valid even though the prosecutor’s office reversed its earlier decision to indict the police officers.
According to lawyer Inocencio de la Cerna Jr., although Bohol Acting Provincial Prosecutor Ryan Sojor reversed his ruling to charge Senior Supt. Jonathan Cabal, chief of the Regional Intelligence Division in Central Visayas, and six other police officers in Bohol, such needed the court’s consent.
“Any lawyer worth his salt knows that once the information is filed in court, and the court has determined probable cause for the issuance of the warrant of arrest and in fact issues the same, the reversal or dismissal of the information by the prosecutor by virtue of a motion for reconsideration needs the authority of the court,” he said.
Cabal and six Bohol policemen were earlier indicted by the Bohol Provincial Prosecutor’s Office for allegedly detaining Lobo Boniel, Wilson Hoylar, and Brian Sayson without basis.
Witnesses had pointed to Boniel, Hoylar, and Sayson as those who allegedly took part in the slay of Mayor Boniel last June 7, 2017 by conniving with the latter’s husband, Bohol Provincial Board Member Niño Rey Boniel.
Niño Rey has been considered the prime suspect in the disappearance and presumed death of the victim whose body was reportedly thrown in the sea off Caubian Island in Lapu-Lapu City.
Last Jan. 10, Judge Joy Santos-Doctor of the 5th Municipal Circuit Trial Court in Trinidad town, Bohol issued an arrest warrant against Cabal and six other policemen on charges of arbitrary detention.
But the police officers presented additional arguments, and asked the prosecutor to reconsider the decision.
Sojor granted the plea, reversed his earlier ruling, and ordered the dismissal of the case against the police officers.
“If the court will not agree with the findings of the prosecutor, the case continues. The warrant of arrest issued against the respondents, then, is valid, enforceable, and must be implemented,” de la Cerna added.