CA to hear expelled INC minister’s petitions today

MANILA, Philippines - The petitions for writs of habeas corpus and amparo of expelled Iglesia Ni Cristo minister Lowell Menorca II and his family are set to be heard at the Court of Appeals (CA) today.

Seventh Division   Associate Justices Victoria Isabel Paredes, Magdangal de Leon and Elihu Ybañez will hold the hearing at the CA session hall at 10 a.m.

Respondents INC executive minister Eduardo Manalo and Sanggunian members Radel Cortez, Bienvenido Santiago and Rolando Esguerra are not expected to appear at the hearing, according to sources.

INC lawyers are expected to ask for more time to answer the allegations of petitioners, Menorca’s brother Anthony and sister-in-law Jungko Otsuka, since they were not able to formally receive a copy of the Supreme Court (SC) order last Oct. 23.

As they were not served the summons, respondents   were not able to comply with the order for them to submit a return of the writs within five days from notice.

The petitions were originally filed with the SC, which remanded the case to the CA for hearing, receipt of evidence and resolution.

Petitioners said they would present evidence before the CA to prove the allegations despite the habeas corpus case having become moot with the supposed release of Menorca and his family from INC custody.

The amparo case remains alive as the court may still rule on their prayer for issuance of protection order against the church, according to Menorca’s lawyer Trixie Cruz–Angeles.

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

A writ of habeas corpus, on the other hand, is a legal action sought on behalf of a person who has been unlawfully detained.

Abegail Yanson, nanny of Menorca’s child, will appear in the CA hearing today to belie INC claims   that she was being held against her will, Angeles said.

Over the weekend, Yanson’s mother Rosalie called for the release of her daughter from Menorca’s custody.

She claimed that her daughter was being forced to testify against the INC leaders.

Yanson had volunteered to become one of the corroborating witnesses of Menorca, Angeles said.

“She (Abegail) isn’t held against her will and she’s angry that her parents were dragged in this issue,” she said in a text message. “It’s all acoustic warfare.”

In their petitions, Anthony and Jungko asked the SC to compel the INC leadership to release Menorca and his immediate family.

They also asked the SC to enjoin the church leaders “from doing further harm and even from approaching or transacting” with their family.

They alleged that Menorca was kidnapped last July 16 after leading a church service in their locale in Bulan, Sorsogon and held inside the INC compound in Quezon City until they were released last Oct. 23.