Court junks illegal arrest case vs. Cabal, et al

CEBU CITY—A local court has dismissed the charges filed against seven policemen who were accused of illegally arresting and detaining two of the nine suspects in the slay of Mayor Gisela Boniel of Bien Unido town in Bohol.

In her decision, Judge Joy Angelica Santos-Doctor of the Municipal Circuit Trial Court of Trinidad-San Miguel-Bien Unido, Bohol said there was no proof that the police officers had a deliberate intent to violate the law in arresting Lobo Boniel and Brian Sayson.

“The acts by which they were arrested, as per their complaints, failed to show a clear intent to violate the law or a flagrant disregard of established rules. Hence, they are presumed to have regularly performed their duties as arresting officers,” she said in a ruling dated Feb. 23 but was released to the parties on Wednesday.

Cleared were Senior Supt. Jonathan Cabal, former chief of the Regional Intelligence Division, SPO1 Alexander Garcia, PO3 Angelo Avenido, PO3 Virgilio Otara, PO3 Lloyd Garcia, PO1 Frederick Enriquez, PO1 Emmanuel Pagalan, and PO3 Ally Bornillo.

Each posted P6,000 to secure temporary liberty shortly after they were indicted by the prosecutor’s office.

Doctor directed the Clerk of Court to release the bail bonds posted by the accused.

The policemen investigated the slay of Boniel whose body was reportedly thrown into the sea between Cebu and Bohol on June 7.

Her remains have not been recovered.

Boniel’s husband, Bohol Provincial Board Member Niño Rey Boniel, was tagged as the principal suspect.

Charged with Niño were his cousin Riolito Boniel, driver Randel Lupas, Restituto Magoncia Jr., and Wilfredo Hoylar who were all detained.

Four others were also implicated in the mayor’s killing but had not been arrested. They were Hoylar’s son, Wilson; Sayson, Lobo and Allan delos Reyes Jr.