CEBU City Regional Trial Court Branch 16 Judge Sylva Aguirre-Paderanga has barred regional police officials from “restraining the liberty" of two suspected cohorts of Bohol Provincial Board Member Niño Rey Boniel.
Paderanga granted the habeas corpus petition filed by Wilfredo Hoylar and Restituto Magoncia.
The judge ruled that there was no valid ground for police officials to hold and detain the petitioners without a warrant.
She ordered the respondents to bring Hoylar and Magoncia to the courtroom during hearing of the petition today.
The respondents are Bohol Provincial Police Office Director Felipe Natividad, Police Regional Office (PRO) 7 Director Noli Taliño and Regional Intelligence Division 7 Chief Jonathan Cabal.
Grievances
Hoylar and Magoncia filed the petition against the respondents after they were placed under custody on the pretext that they are under investigation.
The petitioners were among those “invited” by police regarding the kidnapping and alleged killing of Bien Unido, Bohol Mayor Gisela Boniel.
Hoylar and Magoncia said that there was no warrant for their arrest to justify their detention since last June 7.
They have not been allowed to go home and are “haplessly detained” in the PRO 7 headquarters in Cebu City.
The respondents’ men placed the two men under “custodial interrogation,” allegedly extracting incriminating statement from them without the presence of their counsel.
Hoylar and Magoncia also argued that their arrest did not fall under circumstances of warrantless arrest under Section 2, Article 3 of 1987 Constitution.
Gisela was allegedly shot by her husband Niño on June 7. Her body was allegedly dumped in the waters off Caubian Island in Lapu-Lapu City.
Niño was charged with parricide, illegal detention, and kidnapping.