THE lawyers of Bohol Provincial Board Member Niño Rey Boniel on Friday, June 16, withdrew the petition for writ of habeas corpus they filed before a court in Talibon.
“Yes, it was withdrawn. Manifested it in open court. It was a decision reached by the legal team,” said lawyer Handel Lagunay in a text message to reporters.
The petition was filed last June 9 to let the police justify their detention of Boniel, who allegedly killed his wife Bien Unido Mayor Gisela Bendong-Boniel.
READ: Politician faces multiple charges for wife's slay
Talibon Regional Trial Court Branch 52 Judge Marivic Trabajo-Daray granted the petition and ordered the release of Boniel and his driver Randel Lupas, but Police Regional Office-Central Visayas defied the order as they plan to file a petition for certiorari before the Court of Appeals (CA).
The petition for certiorari questions the decision of the lower court before the CA, the higher court.
Senior Jonathan Cabal, the Regional Intelligence Division chief, said the case is closed, but he added that “the liability of the judge in issuing a grossly defective writ is not discharged by this withdrawal by the party of Boniel. Grave misconduct on the part of the judge is apparent and subject to sanctions.”
Gisela Boniel was allegedly shot by husband Niño Rey Boniel on June 7 while aboard a pumpboat and was thrown off Caubian Island in Lapu-Lapu City.
READ: Bien Unido town 'joins' search for mayor
On Thursday, June 15, Police Regional Office-Central Visayas Chief Noli Taliño said the search for the body of the mayor might go as far as Camotes Island in Cebu. (KAL)