RTC defers arraignment of Boniel, 6 co-accused
The Regional Trial Court (RTC) in Cebu City has deferred yesterday's scheduled arraignment of Bohol Provincial Board Member Niño Rey Boniel and six others of their murder case over the death of his wife, Bien Unido Mayor Gisela Boniel, four months ago.
RTC Branch 57 Judge Anna Lou FernandezCavada granted the motion of Niño Rey to defer his arraignment of the parricide case, pending the resolution of his petition for review.
Niño Rey earlier filed a petition for review before the Department of Justice (DOJ) questioning the ruling of the Lapu-Lapu City Prosecutor's Office of finding probable cause against him.
He denied the allegation that he killed his wife.
Gisela was allegedly killed and thrown into the seawaters between Caubian Island and Olango Island in Lapu-Lapu City on June 7, 2017.
"Considering that there is a pending petition for review filed by accused Boniel before the DOJ on 22 September 2017 and the deferment of arraignment is allowed under Section 11, Rule 116 of the Rules of Court, this court grants the motion to defer arraignment," the omnibus order reads.
Cavada, however, denied Niño Rey's motion to consolidate his parricide case with the kidnapping and serious illegal detention filed before the RTC in Talibon.
"This court opines that (there) is no legal basis to consolidate the present case to the kidnapping and serious illegal detention case pending before RTC Branch 52, Talibon, Bohol," she ruled, adding the RTC Talibon has no jurisdiction over the case of parricide as it was allegedly committed in Lapu-Lapu City.
As per order of the Supreme Court, some cases of the Lapu-Lapu City have been transferred to Cebu City, for lack of judges.
Niño Rey, in his motion, said that the parricide case should be tried jointly with the kidnapping and serious illegal detention, since these cases arose out of the same or related or connected acts.
This is to expedite the proceedings and to eliminate the risk to his life brought by the travel from Talibon to Cebu City and vice versa, he said.
Niño Rey is detained in Bohol province.
Cavada has also granted the motions of Riolito Boniel, Randel Lupas, Wilfredo Hoylar, Restituto Magoncia, Jr., Allan Delos Reyes, Jr., and Lobo Boniel, allegedly cohorts of Niño Rey, to defer their arraignment of the murder case.
Hoylar and Magoncia alleged they have pending petition for review filed before the DOJ, while, Lobo and Delos Reyes have pending motion for reconsideration filed before the Lapu-Lapu City Prosecutor's Office.
Their arraignment is scheduled for December 8, 2017 at 8:30 a.m.