Boniel: Move parricide case to Bohol
Claiming that the Lapu-Lapu City Prosecutor's Office has no jurisdiction over the parricide case filed against him over the killing of his wife, Bohol Provincial Board Member Niño Rey Boniel requested that the case be remanded to the Prosecutor's Office i
Boniel, through lawyer Gerardo Carillo, filed a motion to have the case either transferred to Bohol or dismissed by the Lapu-Lapu City Prosecutor's Office.
"We pray that this case be remanded to the Bohol Provincial Prosecutor's Office and be consolidated in the case for kidnapping now pending before the Regional Trial Court in Talibon or dismiss this instant case as jurisdiction is wanting," read his motion.
Boniel said that based on the account of driver Randel Lupas, Lapu-Lapu City has no jurisdiction over the case.
In his affidavit, Lupas, who is also charged with murder for allegedly conspiring with Boniel in the killing of Gisela, alleged that the board member was shot in Bien Unido, Bohol, was then wrapped in a blanket, placed in fishing net, loaded into a boat, and then allegedly dumped into the seawaters between Caubian Island and Olango Island in Lapu-Lapu City.
"From the foregoing, one cannot separate the crime of kidnapping from the crime of parricide as Section 8 of Republic Act 7659 provides that the death occurring in the case for kidnapping becomes a special complex crime as defined in Article 267 of the Revised Penal Code," read the motion.
Boniel said considering the kidnapping and serious illegal detention charge against him for allegedly kidnapping Gisela, Pete Leyson, and Angela Leyson was already filed in Bohol, the case of parricide should likewise be filed in Bohol.
"Considering that the case has already been filed in Bohol and in fact the Regional Trial Court of Talibon as taken cognizance of the case, it is more prudent to remand this instant case to the Bohol Prosecution Office," the motion further read.
Up to now, Gisela's body remains to be found after she was allegedly killed last June 7.