RTC RESETS BONIEL ARRAIGNMENT

Judge Ann Lou Fernandez-Cavada granted motion of accused Bohol Provincial Board Member Niño Rey and six others to defer their arraignment to Dec. 8, pending the outcome of their petition for review before the Department of Justice

Regional Trial Court (RTC) Judge Ann Lou Fernandez-Cavada yesterday deferred the arraignment of Bohol Provincial Board (PB) Member Niño Rey Boniel and his six co-accused.

Cavada moved to Dec. 8 the arraignment of Boniel and six others, who allegedly conspired to snatch and shoot to death Bien Unido Mayor Gisela Boniel last June 7. Cavada granted the motion of the accused to defer their arraignment and to suspend the proceedings, pending the outcome of their petition for review before the Department of Justice.

The Office of the Lapu-Lapu City Prosecutor indicted Niño for parricide after the disappearance of his wife Gisela.

The panel of prosecutors also charged Allan delos Reyes, Jr., Wilfredo Hoylar, Jr., Lobo Boniel, Randel Lupas, Restituto Magoncia, Jr. and Riolito “Etad” Boniel with murder before the Regional Trial Court.

Likewise, Prosecutor Aida Digaum-Langcamon found evidence to charge the respondents with kidnapping and serious illegal detention before the RTC.

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 charged Niño after she and her son were allegedly held by him in the Bien Unido Double Barrier Reef Dive Camp last June 7.

Niño 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 Department of Jus- tice 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 simply 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 Department of Justice circulars when it filed the case in court without giving Niño the opportunity to file a motion for reconsideration.

In the omnibus order, Judge Cavada denied the respondents’ motion to consolidate the parricide and kidnapping and serious illegal detention cases.

The judge ruled that there is no legal basis to consolidate the cases before the RTC Branch 52 in Talibon, Bohol since the court has jurisdiction over the cases to be consolidated./