Boniel kidnap-slay court enters plea for two accused

CEBU, Philippines — "Not guilty."

This was the plea entered by Regional Trial Court Branch 22 Judge Jose Nathaniel Andal for accused Wilfredo Hoylar and Restituto Magoncia, Jr. after the two did not enter their plea during the arraignment

Hoylar, assisted by lawyer Jesus Claro Cebrian, Jr., and Magoncia, assisted by lawyer Renato Galleon, remained silent when the charge was read against them.

The arraignment followed after Hoylar and Magoncia's motion for reconsideration of the omnibus order was denied.

"After a circumspect review of the record, the court is of the considered view that the assailed order is consistent with the applicable laws, rules of court, and jurisprudential mandates."

"To reiterate the Information clearly stated that the accused acted 'with criminal intent to deprive the victims of their liberty,' which is the very essence of kidnapping and serious illegal detention," read the order.

Only Hoylar and Magoncia were arraigned, after their co-accused, Lobo Boniel and Allan delos Reyes, remained at large.

Riolito Boniel and Randel Lupas were already discharged as accused after they were admitted into the Witness Protection Program of the Department of Justice.

Former Bohol board member Niño Rey Boniel, the husband of late Bien Unido Mayor Gisela Boniel, was already arraigned.

In their complaint, Angela Leyson and her minor son alleged they were deprived of their liberty.

They claimed they were with former Bien Unido Mayor Gisela Boniel before she was killed on June 7, 2017.

Gisela was allegedly shot on her head and wrapped in a fish net embedded with rocks served as sinker before she was  thrown into the seawaters between Caubian Island and Olango Island in Lapu-Lapu City.

Meanwhile, the prosecution will be presenting 13 witnesses during trial which will start on February 26, 2019 to prove their case, while the defense will be presenting 20 witnesses: 10 witnesses for Niño Rey, and five witnesses for each of Magoncia and Hoylar.

Lawyer Amando Virgil Ligutan, legal counsel of Leyson, said Cebrian asked for the deferment of the arraignment and pre-trial of his client because he just entered his appearance, however, the court denied his manifestation.

He said asking for deferment was a delaying tactic.

Leyson, for her part, said she was happy of the development of the case.

Galleon said his client did not enter his plea because they're questioning the legality of his arrest.

He said Magoncia was arrested without a warrant two days after the incident.

Galleon added they will be elevating the denial of their motion for reconsideration before the Court of Appeals. — GAN (FREEMAN)