SC issues writs of habeas corpus, amparo for INC member

High Court remands case to Court of Appeals

MANILA - The Supreme Court (SC) has issued writs of habeas corpus and amparo in favor of Iglesia ni Cristo (INC) member Lowell Menorca.

Lowell's brother, Anthony Menorca, and sister-in-law, Jungko Otsuka, filed the petition for the issuance of these writs, claiming that Lowell was abducted and illegally detained upon the orders of key officials of the religious sect.

A writ of habeas corpus is a remedy sought on behalf of any person who is imprisoned or restrained of his liberty.

A writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened.

The order, dated October 23, 2015, issued by Chief Justice Maria Lourdes Sereno, through SC En Banc Clerk of Court Atty. Felipa Anama, and by SC En Banc Deputy Clerk of Court Atty. Ana-Li Gombio, directs respondents INC Executive Minister Eduardo Manalo and members of the sect's Sanggunian, Radel Cortez, Bienvenido Santiago, and Rolando Esguerra, to produce the warm bodies of Lowell Menorca; Lowell's wife, Jinky Otsuka; the couple's child, Yurie; and their house help Abegail Yanson.

The order remanded the case to the Court of Appeals (CA) for hearing, and a verified return of the writs was ordered within 10 working days.

The SC ordered the CA to hear the petition on November 3, 2015, at 3 pm, and decide the case within 10 days upon its submission for decision/resolution.

The brother and sister-in-law of Menorca had urged the Supreme Court last Tuesday to order top officials of the INC to produce the warm body of Menorca and release him from his so-called detention.

They alleged that Lowell was abducted by "armed men" last July 16 right after hearing a service at the INC house of worship in Bulan, Sorgoson.

Lowell, however, surfaced in July to debunk the allegation that he and his family were abducted and detained against their will.

The petition alleged that a blog on the internet written by a certain Antonio Ebanghelista entitled, "Iglesia Ni Cristo: Silent No More" led to a search for the member or members behind the blog.

"Lowell Menorca was restrained and handcuffed by two or three of the criminal elements while the rest watched, brandishing their rifles. Shortly thereafter, a sack was pulled over Lowell's head, as his captors loaded him onto one of the [awaiting] vehicles.

"His wife, Jinky Otsuka-Menorca, witnessed the taking of Lowell Menorca and would have been taken herself, had she not grabbed a knife and threatened to stab the officers of the church and the policewoman who came to 'arrest' her," the petition read.

The petition claimed that respondent Esguerra called Jinky on the phone and "told her, in a very menacing manner, that she would never see her husband again unless she appeared at the [INC] office in Quezon City."

Jinky was escorted to the INC Central office along with her daughter, Yurie, and their househelp, Abegail, according to the petition.

Jinky allegedly called petitioner Jungko to inform her that "this may well be the last time she would be communicating with her as she had just become a prisoner of the respondents and the INC" before Jinky's phone was confiscated.

The petition alleged that Jinky was able to call petitioner Jungko several times thereafter to give updates on her family's situation.

Though the petition did not state the exact date as well as the location, petitioner Jungko was allegedly able to visit her "detained" sister, Lowell, and the rest of their party months later.

"[Jungko] began to witness the horribly stressful condition in which Lowell, Jinky and their company were in. Although they were not placed in prison cells, the group was not able to wander about inside the compound.

"Lately, Lowell Menorca has begged the INC to release him and his family, but such release has been denied. They are not allowed to go out, even for groceries. A couple of times they are allowed to go to the mall but always under heavy guard," the petition read.

Jungko was allegedly later prohibited from further visiting the family.

Petitioners claim that "Lowell and his family are in immediate and imminent danger."

Aside from the case with the SC, a complaint for serious illegal detention had also been filed with the Department of Justice (DOJ) by former INC minister Isaias Samson against INC Sanggunian members. The filing of the case led to a series of protest actions staged by the sect against the DOJ at the department's main office in Padre Faura and on EDSA.

Source:

http://www.abs-cbnnews.com/nation/10/23/15/sc-issues-writs-habeas-corpus-amparo-inc-member