The Bien Unido police on Thursday released from their custody two men linked to the killing of the town’s mayor, Gisela Boniel, after they were arrested “without warrant” on August 16.
Lobo Boniel and Brian Sayson who were arrested for alleged involvement in the killing of Gisela were not named in the arrest warrant issued by a Lapu-Lapu City court and used by police to take both men into custody on Wednesday, said the duo’s lawyer Inocencio dela Serna.
“They have committed a very grievous error in arresting my clients without warrant. They have violated not just a law, but the Constitution,” added dela Serna in a live interview aired over social media.
However, Regional Intelligence Division 7 chief P/Sr. Supt. Jonathan Cabal who ordered the arrest of Lobo and Sayson noted that both men were listed in a supplemental affidavit.
Lobo and Sayson were identified through the said affidavit as the “John Does” in the arrest warrant, said Cabal.
Riolito Boniel, Randel Lupas, Wilfredo Hoylar, Restituto Magoncia Jr. and other suspects identified only as “John Does” were included in the arrest warrant for the alleged killing of Gisela, he added.
On Thursday, Cabal on orders of the Lapu-Lapu City Prosecutor’s Office directed Bien Unido police chief Sr. Insp. Librado Bigcas to release Lobo and Sayson.
For his part, Bigcas told the Chronicle that they released both men at 3 p.m. on Thursday less than 24 hours after their arrest on August 16 in the villages of Poblacion and Nueva Estrella in Bien Unido.
According to Bigcas, Sr. Insp. Ricardo Tero and Insp. Wendel Abellana of the Regional Special Operations Group were already about to take both men to Cebu.
Lobo and Sayson were supposed to be presented before Judge Altone Miralles, presiding judge of the Regional Trial Court Branch 54 in Lapu-Lapu City, to return the arrest warrant.
Meanwhile, dela Cerna said that complaints for “unlawful arrest, kidnapping, serious illegal detention” against those behind the arrest of his clients have already been drafted.
However, the lawyer did not say with finality whether his clients would opt to file the charges against the arresting policemen.
“Tungod sa akong kalagot sa ilang gibuhat, naghimo nalang mi daan og mga complaint batok nila,” said dela Serna. “Amo pa ning storyahan kung unsa among course of action, kung mo padayun ba ni sila sa pag-file og kaso.”
According to Bigcas, they are ready to face any complaint filed against them for arresting Lobo and Sayson. (Rey Tutas)