The Department of Justice (DOJ) ordered the withdrawal of the parricide case filed against Bohol Provincial Board (PB) Member Niño Rey Boniel, who was tagged as the suspect of kidnapping and murdering his wife Bien Unido Mayor Gisela Boniel.
Justice Undersecretary Reynante Orceo said in a resolution that the Lapu-Lapu City Prosecutor’s Office does not have any jurisdiction over the case of the board member.
The DOJ ordered the withdrawal of the charges after it granted the petition for review filed by Niño.
In his petition, Niño said that Lapu-Lapu City investigating prosecutors erroneously concluded that probable cause exists and that he should be held for trial for parricide.
Niño is the suspect in the disappearance of his wife and allegedly killed Gisela due to jealousy and financial problems in June 7, 2017.
He was indicted by the Lapu-Lapu City Prosecutor’s Office for parricide in relation to the death of his wife.
“And since the investigation commenced in Bohol, it should take cognizance of the case,” Orceo said in the resolution.
The murder case against Niño’s alleged cohorts, Willy Hoylar and Restituto Magoncia, Jr, was also ordered withdrawn.
“Considering that respondents Willy Hoylar and Restituto Magoncia, Jr. were charged with murder for allegedly having conspired with the respondent-appellant (Niño), it is but a matter of course that their indictment should likewise be withdrawn. To go on with their trial borders on the ludicrous sans the alleged main actor,” Orceo added.
The panel of prosecutors of the Lapu-Lapu Prosecutor’s Office issued a resolution dated June 28, 2017, finding enough basis to indict Niño, Wilfredo, and Magoncia based on the evidence presented by the Police Regional Office in Central Visayas (PRO-7).
Prosecutor Lawyer Amando Virgil Ligutan said that that they do not agree with the findings of Orceo.
“In his decision, it must be the office provincial prosecutions of Bohol who must take cognizance of the complaints. We fully do not agree with such findings,” Ligutan said.
“The family is utterly frustrated with these developments,” he added.
Ligutan cited that the Supreme Court which approved the request of Justice Secretary Vitaliano Aguirre and the prosecution to have the case for kidnapping and serious illegal detention against Niño transferred from Bohol to Cebu, last November 2017.
“The reason why the Supreme Court granted the request is because of the possibility of accused, Provincial Board (PB) Member Nino Boniel, exercising whatever influence that he may have in all agencies involved in the prosecution of this case,” he said.
He said that the order of the DOJ created a temporary setback to the prosecution of the cases filed against the accused Niño, Wilfredo, and Magoncia.
But Ligutan said he plans to file a motion for reconsideration to reverse the DOJ’s decision.
“We are confident that we will get a reversal of this decision upon filing of a motion for reconsideration on our belief, that we will be raising solid legal grounds,” he said.
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