Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 54
Lapu-Lapu City

PEOPLE OF THE PHILIPPINES,

Plaintiff

-versus- CRIM CASE NO.:

14344
FOR: PARRICIDE

NINO REY BONIEL alias “In-In”,

Accused.
X-----------------------/

MOTION TO QUASH INFORMATION

Accused NINO REY BONIEL, through counsel, and

before this Honorable Court, respectfully moves to
Quash the Information on the ground that:

I
The facts charged do not constitute an offense; and

II
The court trying the case has no jurisdiction over
the offense charged.

Arguments/Discussion

1. Section 3(c), Rule 117 of the Rules of Court

explicitly provides:

“Section 3. GROUNDS. – The accused may move to

quash the complaint or information on any of the
following grounds:

1. That the facts charged do not

constitute an offense;

1
 (b) That the court trying the
case has no jurisdiction over
the offense charged;

x x x . . .”

2. The Supreme Court, in People v. Malabago1, held:

“Parricide is committed when: (1) a person is

killed; (2) the deceased is killed by the accused;
(3) the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate
other ascendants or other descendants, or the
legitimate spouse of the accused.” [Emphasis
Supplied]

3. The first element of parricide - that a person

is killed - is absent. The prosecution failed to
present a death certificate of Mayor Gisela
Boniel and an autopsy report showing the Mayor’s
dead body which sustained gunshot wounds. There
is no conclusive evidence of the death of Mayor
Gisela Boniel, because her body was never found.
“The conviction of parricide cannot be supported
unless the body has been found or there is
equivalent proof of death.”2

4. Even assuming that Mayor Gisela Boniel is dead,

the corpus delicti was not established in the
information since the firearm and the shells
allegedly used for killing the Mayor was not
presented as evidence.(I’m not sure if mag
attach ta ani og evidence? Like police report
that no firearm and shells found sa scene of the
crime?)

5. Mayor Gisela Boniel is alive. According to Raul

Gatal, a lifestyle columnist of Bohol
Chronicles, he spoke to Mayor Gisela Boniel on
her mobile phone 18 hours after she was
allegedly shot.

At around 10:17 P.M. on June 7, 2017, Gatal called

Mayor’s Gisela’s mobile phone. Gatal and Mayor
Gisela Boniel had a brief conversation. Gatal asked
1
People v. Malabago, GR No. 115686, Dec 02,1996

2
Francisco, book on Criminal Evidence, Vol. III section 27, 1517

2
the Mayor “Kumusta ka?” (How are you?), the Mayor
replied, “ok lang, we will just talk.” (I’m ok, we
will just talk). (Mag insert ta og affidavit ni
Raul GataL?)

Mayor Gisela Boniel feigned her death in order to

evade her indebtedness. She is alive and is hiding
in Dubai, Arab Emirates. (Mag insert ta proof sa
debts ni mayor and probably testimony of a
witness?)

6. The second element - that the deceased was

killed by the accused - is also absent.
Assuming, for the sake of argument, that Mayor
Gisela Boniel is dead, the accused did not kill
her. According to the PNP Crime Laboratory,
after a paraffin test was performed on June 8,
2017, they did not find any gunpowder or nitrate
residue on the accused’s hands, which resulted
in negative findings. (Mag insert sa Paraffin
Test Result?)

7. Moreover, this honoroable court is without

jurisdiction over the case. Assuming that the
accounts of the witnesses Reolito Boniel and
Randel Lupas are true, Lapu-Lapu City has no
jurisdiction over the case. From the foregoing,
one cannot separate the crime of kidnapping from
the crime of parricide as Section 8 of Republic
Act 7659 provides that the death occurring in
the case for kidnapping becomes a special
complex crime as defined in Article 267 of the
Revised Penal Code. Considering the kidnapping
and serious illegal detention charge against him
for allegedly kidnapping Gisela, Pete Leyson,
and Angela Leyson was already filed in Bohol,
the case of parricide should likewise be tried
in Bohol.

PRAYER

WHEREFORE, in view of all the foregoing, it is

most respectfully prayed of this Honorable Court
that this Motion to Quash filed by Accused NINO REY
BONIEL be GRANTED.

Other reliefs, just and equitable, are likewise

prayed for.

3
 City of Lapu-Lapu, Philippines, July 5, 2017.

ATTY. LINDLEY RULE

Counsel for Accused
123(45) F. Ammy St., Lapu-Lapu City, Cebu
Tel. No. (038) 412-8888 / 501-4444
IBP Lifetime Roll No. 111
PTR No. 1134768; 12/12/16 (For CY 2017)
Attorney’s Roll No. 50147, TIN 939 849 571
MCLE Compliance No. V-0011578; 11-02-15

REQUEST

THE HONORABLE CLERK OF COURT

Regional Trial Court of Lapu-Lapu City, Branch 54
Lapu-Lapu City, Cebu

Greetings:

Please submit the foregoing Motion to Quash

Information for the Honorable Court’s consideration
on July 5, 2017 at 2:00 P.M.

Thank you.

ATTY. LINDLEY RULE

NOTICE

OFFICE OF THE CITY PROSECUTOR

City of Lapu-Lapu
Hall of Justice, Lapu-Lapu City

4
Greetings:

Please be informed that the foregoing Motion to

Quash Information shall be submitted for the
Honorable Court’s consideration July 5, 2017 at
2:00 P.M.

Thank you.

ATTY. LINDLEY RULE

Copy Furnished:

City Prosecutor’s Office

Hall of Justice Received by : ________________
Lapu-Lapu City Date :_________________