Department of Justice Secretary Vitaliano Aguirre II has reversed a resolution on the petition for review on the dismissal of the parricide case against Bohol Provincial Board Member Niño Rey Boniel, the alleged mastermind in the murder of his wife Gisela, who was mayor of Bien Unido town in Bohol.
In a five-page resolution dated March 27, Aguirre granted the motion for reconsideration filed by complainant Police Senior Superintendent Jonathan Cabal on January 29 that set aside the Bohol official’s indictment over the alleged killing of his own wife Gisela.
“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’s resolution said.
“Consequently, the directive to the Office of the City Prosecutor of Lapu-Lapu to withdraw the Information for Parricide against Niño Rey Boniel and the Information for murder against Willy Hoylar and Restituto Magoncia, Jr. is similarly reversed.”
Aguirre issued the new resolution barely a week after the ruling on the petition for review was released.
“We therefore find that the information for Parricide sufficiently alleges that the offense was committed within the waters of Lapu-Lapu City where Niño Boniel killed his wife and thereafter dumped the body thereat,” read part of the resolution signed by Aguirre.
“To rule that there is multiplicity of actions would run counter to that fundamental rule that venue is jurisdictional in criminal cases. As such, the complaint was properly filed with and the case must rightly be tried in the Regional Trial Court of Lapu-Lapu City.”
Aguirre said the jurisdiction to try the case is already with the Lapu-Lapu court, “we deem it proper and prudent not to interfere with the judicial powers if only to show courtesy to the courts and uphold the rule of law.”
“Our resolution of the Motion for Reconsideration in this case clearly manifests that the Office of the Secretary of Justice will not be a party to any perceived miscarriage of justice. We will apply the law and the pertinent rule without fear or favor to any case,” Aguirre said.
The Justice chief’s decision comes a day after he said he would discuss the outcome of the case with DOJ Undersecretary Reynante Orceo who signed the resolution — “by authority of the Secretary” — reversing Boniel’s indictment.
Earlier, the review resolution set aside the earlier resolution of investigation prosecutors in Lapu-Lapu City in Cebu for lack of jurisdiction.
“Wherefore, in view of the foregoing, the instant petition for review is granted and assailed Resolution dated 28 June 2017 of the Office of the City Prosecutor of Lapu-Lapu City is hereby granted and set aside,” read the 12-page resolution signed by Orceo.
Orceo, however, said there is still a pending kidnapping complaint against Boniel before the Lapu-Lapu City Prosecutor’s Office.
“It should be noted that a case for kidnapping is still pending in Bohol, whereby the same set of evidence has been presented to pursue the case against the herein respondent-appellant. The allegation that Mayor Gisela was killed by respondent-appellant was likewise presented before the prosecution office of Bohol by virtue of Riolito’s sworn statement,” he said.
Boniel is currently detained at the Cebu Provincial Detention and Rehabilitation Center. (PNA)