INC leaders seek dismissal of Menorca petitions

MANILA - The Iglesia Ni Cristo (INC) urged the Court of Appeals (CA) to junk a habeas corpus and amparo petition pertaining to expelled INC member Lowell Menorca.

Arguing before the appellate court's Seventh Division, chaired by Associate Justice Magdangal De Leon, ACCRA lawyer Atty. Patricia Ann Prodigalidad said the petition against INC Executive Minister Eduardo Manalo and four Sanggunian members Radel Cortes, Bienvenido Santiago and Rolando Esguerra, must be outrightly dismissed because it has been rendered moot by the surfacing of Menorca; his wife, Jinky Otsuka; their daughter, Yurie Keiko; and their househelp Abegail Yanson.

Prodigalidad said there is no threat to speak of and no right restrained, especially that the alleged victims are with their kin.

"There is no imminent and continuing restraint or threat... these proceedings are moot and academic. They are no longer entitled to the privilege of the writs [of habeas corpus and amparo]. There is no threat. In this courtroom, who is always secured? They are always escorted... and, in fact, have been giving media interviews. 'Actual threat' is the only kind of threat that the amparo rule is allowed to protect," Prodigalidad said in open hearing.

The CA, however, pointed out that a motion to dismiss is a prohibited pleading, and ruled that the case will proceed.

Menorca's camp submitted the judicial affidavits of Jinky O. Menorca and Yanson, and moved for Menorca to be presented on direct.

Respondents' camp objected and insisted that habeas corpus and amparo proceedings are summary in nature, and judicial affidavits would suffice.

"Petitioners (Menorca's camp) are the ones protracting the proceedings. Amparo states that affidavits are enough. The petitioners are with the very people they want to 'set free.' The purpose of amparo is not to determine liability but to determine if the privilege of the writ is needed."

"Why are they not afraid [to protract proceedings]? Because there is no threat. They use this to exploit the media. The victim now if there's intent to delay... is the INC. They are now viewed with mistrust, fear..." Prodigalidad said.

Atty. Trixie Angeles, counsel for the Menorcas, however, insisted that her clients "have the right to be heard."

Angeles also opposed the INC's position that the case should be junked on grounds of mootness, alleging that "a female CIDG personnel" attempted to "grab" Yanson, and stressing that the threat against her clients "continues."

"The INC must be ordered to stop harassing our clients... They bring up we're not in a hurry. What they're asking here is to expedite the proceedings. Our clients were subjected to more than 3 months detention... there's nothing in the Rules that prevent us from cross-examination," Angeles said.

The CA gave both sides up to Thursday, November 5, to complete the submission of all their judicial affidavits, including that of Lowell Menorca's. The INC manifested it has a total of nine witnesses.

Another hearing has been set on Nov. 11 for cross-examination of witnesses.

Source:

http://www.abs-cbnnews.com/nation/metro-manila/11/03/15/inc-leaders-seek-dismissal-of-menorca-petitions