REGIONAL Trial Court Judge Marivic Tradayo-Daray has barred the Bohol Provincial Police Office (BPPO) from "restraining the liberty" of Bohol Provincial Board (PB) Member Niño Rey Boniel and his driver Rendel Lupas.
Daray, of the Cebu City RTC Branch 17, granted the habeas corpus petition filed by Boniel and Lupas against Chief Supt. Felipe Natividad, BPPO chief.
"There is no justification for respondent and the PNP personnel under his command and authority to hold and detain the petitioners without warrant," read Daray's two-page order.
Boniel, the former mayor of Bien Unido, Bohol, is accused of masterminding the killing of his wife Gisela last Thursday.
The court order came after Boniel and Lupas filed the petition against Supt. Natividad after they were placed under police custody on the pretext they are under investigation.
However, the petitioners argued that no warrant of arrest was issued against them that would justify their arrest and detention.
They asked the court to order Natividad to release them from the police intelligence branch office.
In her order, Judge Daray granted the petitioners' pleading.
The judge ordered the police to produce the bodies of the petitioners during the hearing of the petition and to "show cause" why they detained them.
At Cebu Capitol, Vice Gov. Agnes express sadness over the incident, saying Boniel is friends with some members of the Cebu Provincial Board.
“He is friends with some of our Board members here. It’s a very sad news,” Vice Gov. Agnes Magpale said.
Magpale also chairs the Provincial Women’s Commission.
“Of course, we are saddened and I cannot imagine somebody occupying a very responsible position was killed,” she said.
She said she understands that there is a third party concerned and she was saddened for all women.
“I don’t want to pass judgment on either one of them. Let’s just pray for the soul of Mayor Boniel,” Magpale said.
She said all parties involved should keep calm. “If there’s a problem, let’s talk about it,” she said.
The mayor’s body has not yet been found. GMD, MSU Intern Arnold Tucong