THE two suspected cohorts of Bohol Provincial Board Member Niño Rey Boniel went to court to compel the police to release them from detention.
Wilfredo Hoylar and Restituto Magoncia filed a civil petition for habeas corpus against Bohol Provincial Police Office Director Supt. Felipe Natividad; Supt. Noli Talino, Police Regional Office 7 director; and Sr. Supt. Jonathan Cabal, Regional Intelligence Division 7 chief.
The petitioners, represented by their wives, asked the Regional Trial Court to direct the police officials to produce the detainees and show cause of their imprisonment.
“The arrest and continued detention (of the petitioners) are arbitrary, invalid and illegal,” the petition read.
The petitioners were among those “invited” by the police relative to the kidnapping and killing of Bien Unido Mayor Gisela Boniel.
However, the petitioners argued that they were illegally detained by the police on June 7 in the police camp since their arrest was without warrant or a search warrant.
They were disallowed from going home and are now “haplessly detained” in the regional police office.
The respondents’ men even placed the petitioners under “custodial interrogation,” extracting incriminating statement from them without the presence of their counsel.
“These persons were implicated in the crime on the basis of their incriminating and uncounselled extrajudicial declaration,” the petition read.
Likewise, the petitioners argued that their arrest did not fall under circumstances of warrantless arrest under Sec. 2, Art. 3 of 1987 Constitution.
Gisela was allegedly shot by her husband, Niño Rey, on June 7.
Her body was thrown off Caubian Island in Lapu-Lapu City. Niño Rey was charged with parricide, illegal detention and kidnapping.