Detained former Bohol board member cleared of graft

MANILA, Philippines — Former Bohol provincial board member Niño Rey Boniel, who is detained on parricide charges, has been aquitted of graft for rejecting an application for a license to operate a cockpit when he was mayor in 2008.

In a 39-page decision promulgated on June 21, the Sandiganbayan’s First Division said the Office of the Ombudsman failed to prove its allegation that Boniel and his co-accused violated Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Also cleared of the charges were former Bien Unido vice mayor Petronilo Justiniane and former municipal councilors Patricio Avenido, Eduardo Gentapa, Mansueto Garcia, Alejo Boniel, Froilan Romo, Rogelio Villarias and Rene Borenaga, who was elected mayor in the May elections.

The case against former councilor Sotero Macua Jr. was dismissed due to his death.

Boniel and his co-accused were indicted in 2013 over the non-renewal of the license of a cockpit owned by a certain Virginia Baruffol.

Graft probers said the rejection of the renewal of the licenses was “without basis,” adding that the municipal government instead granted the permit in favor of Bien Unido Tourists Sports Complex Inc., which was managed by Boniel’s relatives.

However, the Sandiganbayan said the prosecution failed to prove that the denial of Baruffol’s business permit application was done in bad faith.

The court cited the admission of the prosecution that Baruffol’s cockpit was within 200 meters from a police station, the municipal legislative office and a barangay hall, which is prohibited under Presidential Decree 449 or the Cockpit Law.

The court said Baruffol was advised to relocate her business, but she refused.

A municipal health officer and a municipal engineer said Baruffol’s cockpit also failed to meet the sanitation requirements as well as building safety standards.

Boniel was charged with parricide before the Lapu-Lapu City regional trial court in connection with the killing of his wife Gisela, a former mayor of Bien Unido, in June 2017.