Niño Rey Boniel | CDN file photo
CEBU CITY, Philippines — The camp of former Bohol Provincial Board Member Niño Rey Boniel plans to file a motion for reconsideration after his petition for bail was denied by the Regional Trial Court (RTC) in Lapu-lapu City.
Lawyer Gerry Carillo told CDN-Digital in a phone interview on June 28 that they had received the denial yesterday (June 27), for the kidnapping case of his client, which is a non-bailable offense.
“Bag-o lang nato nadawat ang gi-denial and we were given 15-days by the court (to file a motion for reconsideration). But maybe by Monday, we will file already,” Carillo said.
(We had just received the decision to deny our petition for bail and we were given 15 days by the court to file a motion for reconsideration. But maybe by Monday, we will file already.)
Boniel was accused of killing his wife, the then Bien Unido, Bohol Mayor Gisela Boniel, in 2017.
Read more: Boniel case: Two years, still searching for justice
Carillo said that RTC Branch 22 Judge Nathaniel Andal denied their petition, because of the alleged deprivation of liberty.
“Pero ang atong gipunto diha, not all deprivation of liberty is kidnapping. There might be some grave coercion. So we will file a motion and argue to that direction,” he added.
(But our point is, not all deprivation of liberty of liberty is kidnapping. There might be some grave coercion. So we will file a motion and argue to that direction.)
He added that the decision of the court was only based on the assessment of the evidence presented so far, and no separate bail hearing was conducted.
But Lawyer Amando Virgil Ligutan, legal counsel of Gisela, said that they were not surprise that the petition was denied by the court.
He said that they were more surprised on the move of the defense of filing a petition for bail.
“Na-surprise mi nganong mi-file tawn ug petition for bail and depensa nga kaklaro naa mi mga eyewitnesses nga nakakita giunsa paggappos, giunsa pagkulata. And then mo-file sila og petition for bail?,” Ligutan said.
(We were surprised on their filing a petition for bail when it was clear that there were eyewitnesses who saw how the victim was tied and mauled. And they will file for a petition for bail?)
Ligutan said he was confident that they had sufficient evidence against the accused, and that the court would no longer reverse its decision even if the defense would file a motion for reconsideration over the denied petition./dbs