Arbitrary detention case vs. Cabal, 6 others dropped

Regional Intelligence Division (RID)-7 chief Jonathan Cabal and six other police officers are cleared from the arbitrary detention case filed against them in relation to arrest of the suspect in the murder of Bien Unido Bohol Mayor Gisela Boniel.

Complaints were filed against Cabal and Bien Unido police officers SPO1 Alexander Garcia, PO3 Angelo Avenido, Ally Bornillo, and Lloyd Garcia, and PO 1 Frederick Enriquez and Emmanuel Pagalan after they arrested Lobo Boniel and Brian Sayson, alleged cohorts of Bohol Board Member Niño Rey Boniel, the main suspect in the killing of his wife, Gisela.

Initially, associate provincial prosecutor Godwin Gamas of Bohol Provincial Prosecutor's Office found probable cause for the filing of an arbitrary detention case against them before the court.

But the policemen filed a motion for reconsideration and they also asked for the inhibition of the entire Bohol Provincial Prosecutor's Office from the case.

Their motion for inhibition was granted and Regional State Prosecutor Fernando Gubalane designated Prosecutor II Ryan Sojor of Carcar City Prosecutor's Office to resolve the motion for reconsideration of the police officers.

Lobo, Sayson, and Wison Hoylar alleged that on August 16, 2017, the elements of Bien Unido Police Station appeared at their residence to arrest them upon the instruction of Cabal.

Complainants claimed their names were not included in the warrant of arrest, which the police showed. Sayson said only the names of Riolito Boniel, Randel Lupas, Wilfredo Hoylar, and Restituto Magoncia were indicated in the warrant.

Since Hoylar refused to go with the police, only Sayson and Lobo were transported from Bohol to Cebu.

The police officers explained that the arrest of the complainants was done in good faith and made under valid warrantless arrest.

The herein complainants were referred as among the "John Does" mentioned in the warrant of arrest.

They also asserted that their acts were necessary to implement the warrant. With the foregoing facts, Sojor ruled that the detention of Sayson and Lobo was with legal ground based on their interpretation of the warrant of arrest.

"Thus under the circumstances and the knowledge of the case that they built up to solve the disappearance and alleged killing of Mayor Gisela Boniel, the respondents who are law officers cannot be well too faulted for their interpretation of the warrant of arrest that they implemented," read the resolution on the motion for reconsideration, adding the circumstances surrounding the case is insufficient to establish the existence of probable cause.

Amando Virgil Ligutan, lawyer of the police officers, said they were happy of the development and they can now focus on the main case.

Meanwhile, the Lapu-lapu City Prosecutor's Office has cleared Sayson and Hoylar from the murder complaint filed against them.

The office found no probable cause that they conspired with the killers of Gisela.