RID-7 chief, 6 cops to face raps
The Bohol Provincial Prosecutor’s Office has ordered the filing of arbitrary detention charges against the chief of the Regional Intelligence Division-7 and six others for allegedly detaining without legal grounds three suspected cohorts of Bohol Provinci
Boniel had been charged with parricide before the court for allegedly killing his wife, Bien Unido mayor Gisela Boniel, five months ago.
In a six-page joint resolution dated November 15, Associate Provincial Prosecutor Godwin Gamas wrote that he found probable cause to indict before the Municipal Circuit Trial Court in Trinidad, Bohol RID-7 chief Superintendent Jonathan Cabal, as well as Senior Police Officer 1 Alexander Garcia, Police Officers 3 Angelo Avenido, Ally Bornillo, and Lloyd Garcia, and Police Officers 1 Frederick Enriquez and Emmanuel Pagalan, all personnel of the Bien Unido Police Station.
“The said warrant did not command the respondents to arrest the complainants. The John Does mentioned by the respondents did not even appear in the warrant, except in the caption written in the document above the title,” the joint resolution read.
In their judicial affidavits, complainants Lobo Boniel, Brian Sayson, and Wilson Hoylar alleged that Bien Unido policemen went to their houses on August 16 to arrest them upon Cabal’s instruction, even if their names were not included in the arrest warrant issued in relation to the killing of Mayor Gisela on June 7.
What were indicated, Sayson said, were the names of Riolito Boniel, Randel Lupas, Wilfredo Hoylar, and Restituto Magoncia.
Since Hoylar refused to go with the police and hid, only Sayson and Lobo were transported from Bohol to Cebu. However, Lapu-Lapu City prosecutors eventually ordered the release of Sayson and Lobo, citing no basis or legality for their arrest and further detention.
Gisela was allegedly shot to the head and wrapped in a fish net embedded with rocks that served as sinker before she was thrown into the seawaters between Caubian Island and Olango Island in Lapu-Lapu City. Her body has not been found to this day.
While the police did not deny the complainants’ statements in their counteraffidavit, they nevertheless said there was a valid warrant of arrest and that it was implemented in accordance with the law.
Cabal said he ordered Garcia to monitor the whereabouts of the complainants, as they were the ones referred to as "John Does" or unidentified persons in the warrant.
Inocencio dela Cerna, legal counsel of complainants, said Gamas’ resolution meant that the police made shortcuts in arresting his clients.
But Cabal, in an interview yesterday, said the arbitrary detention case filed against him and others is only part of dela Cerna’s strategy to “leverage” his clients.
“Pang-leverage niya yun doon sa kaso, pangdistract lang. Leverage sa kliyente niya kasi nagtatago na yung kliyente niya,” Cabal said.
Sayson was the manager of the Double Barrier Reef Dive Camp, where Mayor Gisela, along with her bestfriend and her bestfriend’s son, was brought before the day she was declared missing.
“Ang John Does pag kaya mo i-describe yun, sila talaga yun. Hindi naman ordinaryong warrant yan na ibibigay mo sa ordinaryong pulis na hindi alam ang kaso. Unlike ako, hinuhuli ko, ako nag-file kaya alam na alam ko na sila,” Cabal said.
“Basta in good faith naman ako dun, hindi naman nakakaapekto (sa work). It’s part of their legal strategy yan. They cannot deny me, or take away from me yung fervor ko to serve and protect,” he added.
Meanwhile, Gamas dismissed the complaints of unlawful arrest, grave coercion, grave threats, kidnapping and serious illegal detention, violation of Republic Act 7438 or an act defining certain rights of persons arrested, and Republic Act 9745 or the Anti-Torture Law filed against the police officers as the facts of the case and the evidence were “not consistent” with the charges.