A trial court in Cebu has granted the prosecution’s plea to admit two of the accused in the slay of Bien Unido Mayor Gisela Boniel as state witnesses.
Pairing Judge Jose Nathaniel Andal of the Regional Trial Court (RTC) in Cebu City found sufficient grounds to let accused Riolito Boniel and Randel Lupas testify against former Bohol Provincial Board Member Niño Rey Boniel.
In doing so, the trial court in an order dated Sept. 25, 2018, has granted the two “immunity from criminal prosecution” in relation to the Boniel case.
Riolito, a close relative of Niño and a casual employee of Bien Unido town, claimed to have witnessed the actual murder of the lady mayor.
In his sworn statement, Riolito said Niño was saying expletives before shooting his wife Gisela in the head while they were on board a pump boat.
According to Riolito, the body of Gisela was thrown into the sea somewhere between the islands of Olango and Caubian in Lapu-Lapu City at dawn of June 27, 2017.
He then received a payment of P10,000 from Niño for his help.
Lupas, the driver who drove for Gisela and Niño, said he was sleeping when the two other accused, Wilfredo Hoylar and Resituto Magoncia Jr., woke him up and asked him to help carry the unconscious lady mayor from the Dive Camp Resort in Bien Unido to a waiting motorboat where she was eventually killed.
Lupas, however, was not present during the actual killing of Gisela.
Meanwhile, the court also denied a motion to quash information filed by Hoylar and Magoncia on grounds that “the element of detention or deprivation of one’s liberty in kidnapping and serious illegal detention is totally wanting, thereby implying that the acts charged do not constitute an offense.”
Hoylar and Magoncia are facing charges of kidnapping and serious illegal detention.
“The information actually states that the accused acted with criminal intent to deprive the victims of their liberty, which is the very essence of kidnapping and serious illegal detention. Hence, the motion to quash information cannot prosper,” Andal said in the order.
Meanwhile, lead prosecutor Amando Virgil Ligutan said the prosecution team is happy with the recent development in the Gisela Boniel case.
“The prosecution team is happy and relieved that we hurdled this part,” Ligutan said.
Arraignment and pre-trial of the kidnapping case against Niño is scheduled today (Thursday) at the RTC Branch 22 in Cebu City at 8:30 a.m.
Niño is also facing a separate case of parricide.