Says cases vs Boniel’s two alleged cohorts should also proceed
(Eagle News) — Justice Secretary Vitaliano Aguirre on Tuesday reversed a justice undersecretary’s resolution that dismissed criminal charges against Bohol Provincial Board Member Niño Rey Boniel and two others in connection with the killing of his wife in 2017.
In upholding the indictment of Boniel, Willy Hoylar and Restituto Magoncia, Jr. for the death of then-Bien Unido, Bohol Mayor Gisela Boniel, Aguirre effectively granted the motion filed by Senior Supt. Jonathan Cabal that sought for reconsideration of the January 29 resolution signed by Undersecretary Reynante Orceo.
In the 11-page resolution, Orceo had argued that the Lapu Lapu Prosecutor’s Office had no jurisdiction over the case, even if the former mayor’s body was alleged to have been thrown off a boat into Cebu waters.
He said her kidnapping, after all, was alleged to have taken place in Bohol, and such an act “would be considered a necessary means to commit the murder.”
“And since the investigation commenced in Bohol, it should take cognizance of the case,” Orceo had said.
But according to Aguirre, “to rule that there is multiplicity of actions would run counter to that fundamental rule that venue is jurisdictional in criminal cases.”
He noted that the case had already been filed at the Lapu-Lapu City Regional Trial Court.
It was therefore, according to him, “proper and prudent not to interfere with the judicial powers if only to show courtesy to the courts and uphold the rule of law.”
“Wherefore, in view of the foregoing, the instant motion for reconsideration is granted and the assailed resolution dated January 29, 2018 is hereby reversed and set aside,” Aguirre said.
The former town mayor was reportedly killed on June 7, 2017, aboard a boat off Lapu-Lapu City waters.