DOJ reverses its own resolution
BONIEL CASES
THE parricide case against Bohol Provincial Board Member Niño Rey Boniel over the death of his wife Bien Unido Mayor Gisela Boniel will proceed.
This, after Justice Secretary Vitaliano Aguirre II reversed the resolution on the petition for review that ordered the withdrawal of the case in court.
Aguirre issued the new resolution barely a week after the ruling on the petition for review was released.
“We therefore find that the information for Parricide sufficiently alleges that the offense was committed within the waters of Lapu-Lapu City where Niño Boniel killed his wife and thereafter dumped the body thereat,” read part of the resolution dated March 27 signed by Aguirre.
“To rule that there is multiplicity of actions would run counter to that fundamental rule that venue is jurisdictional in criminal cases. As such, the complaint was properly filed with and the case must rightly be tried in the Regional Trial Court of Lapu-Lapu City.”
Last week, a resolution was made public ordering the withdrawal of the parricide case for lack of jurisdiction.
Aguirre, in his resolution, said the jurisdiction to try the case was already with the Lapu-Lapu court, adding “we deem it proper and prudent not to interfere with the judicial powers if only to show courtesy to the courts and uphold the rule of law.”
“Our resolution of the Motion for Reconsideration in this case clearly manifests that the Office of the Secretary of Justice will not be a party to any perceived miscarriage of justice. We will apply the law and the pertinent rule without fear or favor to any case,” Aguirre said.
Boniel was accused of shooting his wife on June 7, 2017 aboard a boat off Caubian Island in Lapu-Lapu City. Then he allegedly threw her body off the boat.
The DOJ ordered the withdrawal of the charges after it granted the petition for review filed by Boniel.
Meanwhile, private prosecution lawyer Amando Virgil Ligutan said they were surprised that their motion for reconsideration on the earlier resolution issued by Justice
Undersecretary Reynante Orceo was immediately granted, considering that they had just set it on Monday and was acted upon by Aguirre the next day, Tuesday.
“We did not expect this to be this fast, but we said we were confident with the strong arguments that we raised and that we will get a reversal,” Ligutan said.
“We thank the Secretary of Justice for his swift action on our motion for reconsideration,” Ligutan said in a text message sent to Cebu Daily News.
On the other hand, Boniel’s counsel, lawyer Gerardo Carillo declined to issue a statement saying they have not received the decision.
“Wa man sad gani mi kadawat sa copy sa ilang motion for recon (We did not even get a copy of their motion for reconsideration),” Carillo told CDN in a phone interview.
He said they will just await their copy of the resolution before issuing any statements.
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