AFTER issuing three controversial resolutions on high-profile cases, the Department of Justice (DOJ) finally resolved the criminal cases against Bohol Provincial Board Member Niño Rey Boniel and his cohorts, by dismissing it due to “a jurisdictional issue.”
Reynante Orceo, the DOJ undersecretary, granted the petition for review filed by Boniel, who had sought to reverse the resolution by the Office of the Lapu-Lapu City Prosecutor, which indicted him for parricide.
Orceo “reversed and set aside” the resolution indicting Boniel for parricide and directed the Lapu-Lapu City Prosecutor’s Office to withdraw the parricide charge, which had been raffled off to the sala of Regional Trial Court (RTC) Branch 65 Judge Ferdinand Collantes.
Orceo also directed the prosecutors to withdraw the murder case against Boniel’s two alleged cohorts, Willy Hoylar and Restituto Magoncia.
“To go on with their trial borders on the ludicrous sans the alleged main actor,” read Orceo’s 12-page resolution.
The Lapu-Lapu City Prosecutor’s Office received the DOJ’s resolution on March 23 and has until April 2 to comply with the directive.
The prosecution panel, led by lawyer Amando Virgil Ligutan, will file a motion for reconsideration (See separate story).
The DOJ recently reaped criticisms for making alleged pork barrel scam mastermind Janet Napoles as a state witness; for dismissing the drug charges against suspected drug lords Peter Lim and Kerwin Espinosa; and for allegedly meddling in the cases filed by Mayor Tomas Osmeña against SM Prime Holdings Inc. and BDO Unibank Inc.
In Boniel’s case, the Lapu-Lapu City Prosecutor’s Office indicted Niño for parricide after the disappearance of his wife, Bien Unido Mayor Gisela Boniel, last June 7, 2017.
The panel of prosecutors also charged Niño’s cohorts–Allan delos Reyes, Jr., Hoylar, Jr., Lobo Boniel, Randel Lupas, Magoncia and Riolito “Etad” Boniel–with murder before the RTC.
Prosecutor Aida Digaum-Langcamon found evidence to charge the respondents with kidnapping and serious illegal detention in court.
The case stemmed from the kidnapping and serious illegal detention charges filed by Angela Gamalinda-Leyson, Gisela’s bestfriend, and Leyson’s 17-year-old son against Niño before the city prosecutor’s office.
Langcamon indicted Niño for kidnapping and serious illegal detention.
Leyson accused Niño of holding her and her son against their will at the Bien Unido Double Barrier Reef Dive Camp last June 7.
Niño also allegedly shot Gisela on June 7 and threw her body off Caubian Island in Lapu-Lapu City.
The defense wanted the judge to remand the case to the Bohol Provincial Prosecutor’s Office or consolidate it in the kidnapping case pending before the RTC in Talibon, Bohol.
But government prosecutors said that the DOJ circulars cited by Niño in his motion are “misplaced” since these are applicable only to appealed cases.
They also argued that the defense’s motion was filed to delay the proceedings. The prosecution added that the issues raised by Niño in his pleading should be determined during the trial proper.
The defense said the Office of the Lapu-Lapu City Prosecutor violated the DOJ circulars when it filed the case in court without giving Niño the opportunity to file a motion for reconsideration.
In the resolution, Orceo gave weight to Boniel’s argument that the Lapu-Lapu City Prosecutor had no jurisdiction over the case.
“Filing of a complaint for parricide in Lapu-Lapu City may result in a multiplicity of suits,” said Orceo.
He said the charge against Boniel should be only one for a special complex crime of kidnapping with murder, and that the killing should not be separately treated for kidnapping.
“The kidnapping, which allegedly took place in Bohol, would be considered a necessary meant to commit the murder. And since the investigation commenced in Bohol, it should take cognizance of the case,” read Orceo’s resolution.
Since Hoylar and Magoncia were charged with allegedly conspiring with Niño, Orceo ruled the charges against them should also be withdrawn.
Orceo gave the Lapu-Lapu City Prosecutor’s Office 10 days to withdraw the parricide case against Niño and the murder case against Hoylar and Magoncia.