DOJ says Bohol courts, not Cebu courts, have jurisdiction over case
(Eagle News)–The Department of Justice has ordered the withdrawal of parricide charges against a Bohol official tagged in his wife’s disappearance and presumed killing last year.
In a March resolution, Undersecretary Reynante Orceo said these charges against Bohol Provincial Board Member Niño Rey Boniel should be dropped because Cebu courts do not have jurisdiction over the case.
He said the crime against Bien Unido Mayor Gisela Boniel was supposed to have taken place somewhere else.
“The kidnapping, which allegedly took place in Bohol 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 said.
In issuing the order, the DOJ effectively reversed the Lapu Lapu Prosecutors Office resolution dated June 28, 2017, and granted the board member’s petition for review.
The male Boniel had also argued that Lapu Lapu prosecutors had erred in saying there was probable cause for the parricide charges, and that these should be filed separately from serious illegal detention.
Orceo also ordered the charges dropped against the board member’s alleged cohorts, Willy Hoylar and Restituto Magoncia Jr.
“To go on with their trial borders on the ludicrous sans the alleged main actor,” Orceo said.
Boniel was accused of kidnapping his wife from a resort in Bohol and then of shooting her on June 7, 2017.
The killing allegedly took place while they were on board a boat in Lapu-Lapu City.
He then allegedly threw her body into the waters.